+ Reply to Thread
Results 1 to 7 of 7
  1. #1
    txdadof2 is offline Member
    Join Date
    May 2011
    Posts
    37

    UPDATE: What happens if I don't respond to a summons and do not appear in court?

    What is the name of your state (only U.S. law)? Texas

    I received a "postcard" in the mail yesterday in regards to this issue (read prior post below). Apparently, I was to appear in court in 2008 when I lived in another county. The post card was from the court clerk/civil court stating that my case had been transferred to my current county and that a default judgement was made in 2008. I never was served a summons to appear in court in 2008.

    Why, after I have been living in new county for almost two years are they just now sending me mail?

    If a default judgement has been made, and my wages have not been garnished at this point--when will they start, if ever?

    Is it too late to call the debt collector and negotiate a one-time large payment lesser than the judgement amount? (About 50% less)

    What is typically the next step from here? Will I receive a letter from court asking for my social security number, etc to start garnishing wages?

    *****PRIOR POST******
    I know this is probably a dumb question, but I truly do not know the answer. I received certified letter yesterday from an attorney's office wanting to verify my address. They are representing a debt collector for a delinquent account since 2005. I am assuming the next thing I will receive is a summons for a court hearing.

    What happens if I continue to avoid the debt? For instance, I avoid being served or I do not show up to court for the hearing? I don't need any responses such as "grow up, pay your debt, stop being a dead beat." Just simply want to know. Is it grounds for jail time for an 800.00 debt that has accrued fees and interest now in the amount of 1500.00? Will they issue a warrant for an arrest if I do not appear in court?
  2. #2
    debtcollector` is offline Senior Member
    Join Date
    Jul 2005
    Location
    Missouri - Go Tigers!
    Posts
    6,253
    Quote Originally Posted by txdadof2 View Post
    What is the name of your state (only U.S. law)? Texas

    If a default judgement has been made, and my wages have not been garnished at this point--when will they start, if ever?
    Not in Texas.

    [QUOTE=txdadof2;2837678]Is it too late to call the debt collector and negotiate a one-time large payment lesser than the judgement amount? (About 50% less)
    You can try. It's not likely, but you can try.

    Quote Originally Posted by txdadof2 View Post
    What is typically the next step from here? Will I receive a letter from court asking for my social security number, etc to start garnishing wages?
    They will place a lien on your house and any property you own. They will wait 90 days for the lien to cure and then you might find your checking account drained. You might be ordered to appear, answer questions and produce documents.

    Quote Originally Posted by txdadof2 View Post
    What happens if I continue to avoid the debt? For instance, I avoid being served or I do not show up to court for the hearing? I don't need any responses such as "grow up, pay your debt, stop being a dead beat." Just simply want to know. Is it grounds for jail time for an 800.00 debt that has accrued fees and interest now in the amount of 1500.00? Will they issue a warrant for an arrest if I do not appear in court?
    Yes. If you are ordered to appear and you do not, you may be facing an arrest warrant. Judges do not like to be ignored.

    DC
  3. #3
    txdadof2 is offline Member
    Join Date
    May 2011
    Posts
    37
    Quote Originally Posted by debtcollector` View Post
    They will place a lien on your house and any property you own. They will wait 90 days for the lien to cure and then you might find your checking account drained. You might be ordered to appear, answer questions and produce documents.
    I do not own a home, I do own a vehicle that will be paid off next month.

    How will they gain access to my checking account information? And by "drained", do you mean only for the amount in which they are trying to collect?
  4. #4
    debtcollector` is offline Senior Member
    Join Date
    Jul 2005
    Location
    Missouri - Go Tigers!
    Posts
    6,253
    Quote Originally Posted by txdadof2 View Post
    I do not own a home, I do own a vehicle that will be paid off next month.

    How will they gain access to my checking account information?
    Either through one of the many databases or through the simple method of putting you under oath and asking you for information.

    Quote Originally Posted by txdadof2 View Post
    And by "drained", do you mean only for the amount in which they are trying to collect?
    Plus interest, fees and costs.

    What exactly are you seeking? It would be helpful to people offering advice to know what you want in this. Or you trying to evade the debt, put it off as long as possible or looking to negotiate a deal with the creditor?

    There are a lot of post-judgment remedies for creditors. We don't have the time to list them all. But in short, yes, refusing to comply could result in arrest. Will it? Who knows. You need to decide what you want so we can give you advice instead of just information.

    DC
  5. #5
    txdadof2 is offline Member
    Join Date
    May 2011
    Posts
    37
    Quote Originally Posted by debtcollector` View Post
    What exactly are you seeking? It would be helpful to people offering advice to know what you want in this. Or you trying to evade the debt, put it off as long as possible or looking to negotiate a deal with the creditor?


    DC
    I want to settle for a lesser amount. I never received summons to appear in court in 2008, did not know a default judgement had occured. I received certified letter the other day and was expecting to receive a summons shortly after, not receive a postcard stating my judgement was made 3 years ago and my case is transferring venues.

    I want to make a one-time payment of approximately 800.00 and have this thing cleared up.

    What is likely-hood of me successfully requesting this? Would you accept, DC, if I had you on the phone?

    Would a debt collector rather collect a large single payment or continue to play cat and mouse?
  6. #6
    debtcollector` is offline Senior Member
    Join Date
    Jul 2005
    Location
    Missouri - Go Tigers!
    Posts
    6,253
    Quote Originally Posted by txdadof2 View Post
    I want to settle for a lesser amount. I never received summons to appear in court in 2008, did not know a default judgement had occured. I received certified letter the other day and was expecting to receive a summons shortly after, not receive a postcard stating my judgement was made 3 years ago and my case is transferring venues.

    I want to make a one-time payment of approximately 800.00 and have this thing cleared up.
    Read the sticky on negotiation.

    Quote Originally Posted by txdadof2 View Post
    What is likely-hood of me successfully requesting this? Would you accept, DC, if I had you on the phone?
    Me, no. I wouldn't. The time for deals was before a judgment was issued. With a judgment, I know I am collecting interest, billing you for costs associated with collection and you would have just told me you have half the money available. Until the judgment is paid in full, you are my personal ATM.

    Quote Originally Posted by txdadof2 View Post
    Would a debt collector rather collect a large single payment or continue to play cat and mouse?
    In collector land, $800 isn't a large payment. It might help make bonus, but it isn't going to make the collector a star. The collector approach is: if you can come up with half of it, you can come up with all of it. I just have to apply a little more pressure. With a judgment applying pressure is easy. When I haul your boss into court to answer questions about your pay under oath ... debtors tend to become a little more willing to "find" the money. You think it is cat and mouse. It's more like mouse and sledgehammer. But that's me. I almost never negotiated judgments. I still own and collect on a few. But if I had a judgment against you and you told me you could pay half and hadn't sent in the check, I'd start hammering with that sledge. But that's me.

    You may want to look into Texas law regarding service and check out your case file.

    DC
  7. #7
    cosine is offline Senior Member
    Join Date
    Feb 2006
    Posts
    1,949
    Quote Originally Posted by debtcollector` View Post
    Me, no. I wouldn't. The time for deals was before a judgment was issued. With a judgment, I know I am collecting interest, billing you for costs associated with collection and you would have just told me you have half the money available. Until the judgment is paid in full, you are my personal ATM.
    In other words, he'll take what you have ... but not consider it payment in full. Only once the entire judgment (and accruing interest and costs) is satisfied is it payment in full.

    Well, at least I think he should.

Similar Threads

  1. Replies: 12
    Last Post: 07-22-2011, 09:43 AM
  2. Replies: 10
    Last Post: 06-10-2011, 04:18 PM
  3. Respond to Civil court summons on debt
    By brandx in forum Debt Collections
    Replies: 1
    Last Post: 01-28-2010, 09:49 PM
  4. respond to summons
    By M Elizabeth in forum Banking & Credit Cards
    Replies: 1
    Last Post: 01-01-2009, 03:01 PM
  5. Summons...how to respond?
    By timnancyk in forum Consumer Bankruptcy
    Replies: 1
    Last Post: 08-05-2001, 10:51 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.