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Warrant in Debt question?
O gosh where to begin... so I just received this summons for court in the mail -a Warrant in Debt. I am to appear in court in December in Arlington, VA. It is from Dominion Law Associates on behalf of HSBC credit card. They claim I owe a little more than 3k.
Please I know the obvious answer is to pay so I dont need to hear that. I have 0 savings, 0 cash, and on the date that I am suppose to appear in court i have a final exam that i cant miss. I'm affrid that if i go to court they will make me pay total amount. So my question is what do they expect me to do if I really don't have money?
I mean I work full time and part time and go to school full time, any extra money i do get i have to pay school because financial aid doesnt cover my whole tuition and I start school again in january. Please help, I plan on calling pre paid legal for advice on monday.
What if I don't show up to court? Will I be arrested? Will they take whatever cash I have from my bank account? Will my car be taken away?
- CatDadLv 71 decade agoFavourite answer
Hire an attorney if you can afford one, if you can't, here is a guide I made for being sued for credit card debt:
It is critical that you show up in court at the appointed date and time. This is more important than your final exam. Contact your professor to schedule another test date and time. Show up in court with a brief, highly organized summary of your income and living expenses, to include pay stubs and copies of bills as documentation. Use this to negotiate a repayment plan that you can afford.
The big problem with court dates is that many people think that there's no point in showing up as they'd loose anyway...or they are paralyzed with fear and they don't show up as a result. You are not being put on trial....there will be no jury. It's sort of a step above going to traffic court...it will be over fast. If it does reach this step, show up in court with the info I outlined above. If you don't, then a default judgment could be awarded that could be around $8,000. Even worse, a max. wage garnishment can be assessed.
I don't like to recommend this, but if you can get a student loan for around $2,500, then see if they'd take that as a settlement. Get any terms of a settlement in writing before you pay. Make sure that the letter confirms that they'd stop legal proceedings.
- DON WLv 71 decade ago
It is almost always better to appear in court. If you're not there, the credit card people will get everything they want from the judge, including fines and penalties. If you're there, the judge will listen to your story--that you are a poor student with no savings--and is likely to go easy on you in terms of what you have to pay. With the judge's help, you might be able to negotiate a repayment plan that is workable, and that doesn't destroy your credit.
I've heard that the credit card companies hate it when the defendant (you) shows up, because it means they have to negotiate, rather than automatically getting everything they want.
Because of your exam, you might be able to contact the court to get a slight delay in your hearing--it's worth asking. As long as the court doesn't think you're stalling, your chances of getting a new court date are good.
- StephenWeinsteinLv 71 decade ago
Before the date shown (not after you miss it), call the court and see if you can reschedule for a date that does not conflict with the exam schedule.
If you do not go to court, then they will make you "pay total amount".
If you do go to court, then they might not, or at least might give you more time.
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- 5 years ago
as long as they settle for any ordinary cost then you definately are working in direction of the debt reimbursement. it particularly is physically powerful to make an association you may stay as much as with them. yet whilst your finished debt load is in basic terms too lots to "ever" get below administration with interest. Then the two grant compromise immediately and freeze the account and shop promise on that debt; or, verify into chapter 11... there are categories and a few stable legals available; yet would desire to hunt... in case you utilize a debt provider; they are going to do the comparable as you're able to do; yet, the debt provider will cost you - what you're able to do for your self.... Your credit would be on carry; awful -- despite the fact that if it probable is already... ck it out with transcredit etc...
- 1 decade ago
Most likely they will add more fines however dumb that sounds. You could offer to do community service and the worst case scenario is you would have to serve a small amount of jail-time.
I am not an expert in the law in any way. I know you have no money but I would highly suggest consulting a lawyer.
It's always better to show up to court.
- Genuine GuidanceLv 71 decade ago
If you don't show up for the court hearing, the creditor will get a default judgment.
After that, they will attempt to garnish your wages or levy your bank account.
You won't be arrested.