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Old 03-27-2001, 10:30 PM
willa
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Unhappy

Texas-returned home 3/27/01 to find taped to my front door a justice civil citation. I am being sued for $847.07 from a local bank that issued me a credit card. The last payment date was January 2001. The notice states that if I or my lawyer does not appear on the court date, a default judgment may be taken against me. What does this mean? Can I settle this without appearing before the Judge other than paying the full amount (money is tight)? Can a civil citation be delivered in this manner? Can I handle this without a lawyer, as money is very tight?

Thanks

Willa
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Old 04-01-2001, 01:28 PM
anthony1234
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Be sure and appear in court on the stated time/date. If you do not appear, a default judgement will be taken out against you which means the creditor (the bank) will have a court judgement against you and be able to garnish your wages or other things. It may be possible to enter into a payment plan (contact the bank) but the bank might not taken any payments under what they could get if they garnished your wages. Also the bank may insist upon taking you to court and getting a judgement against you and then just let you make monthly payments on your account with them having a judgement. (using this technique, the minute you miss a payment, with a judgement, the bank could immediately turn around and garnish your wages)
You said you made a payment in January 2001. It is very unusual to take a customer to court for only 60 days late. Usually the account goes into collections and if the collection dept cannot resolve the problem, then it goes to the legal dept. This usually takes 4-6 months.
Be absolutely sure and go to court though otherwise the bank will get a judgement against you called a default judgement because you didn't appear.
If money and income is tight, you can go through bankruptcy yourself with a bankruptcy kit but this can be very ticky.
*Do not interpet this as an endorsement for using a bankruptcy kit or going through bankruptcy...I am only stating what I've known other people to do.
You may also get a bankruptcy attorney and he may let you go on a playment plan with him to pay his fees.
I've also known people to show up in court with little money and no attorney and the judge has put a stay on the case for a later date and sought to it you got an attorney appointed to you by the court.

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