can i go to jail over $800 ?

[samhell25]

What is the name of your state? Nebraska (Omaha). Hi all, im in really desperate need for some advise. I was sued in small claims by a credit card company for $800. Because I moved I never got any paperwork or court summons...It came to my attention today by my old lord, that she got a motion "AFFIDAVIT AND ORDER IN AID OF EXECUTION" to determine if I have property to compensate for the $800. The problem however is that none of this was ever recieved by me and the court date has past. . . My ex Landlord tells me that on the bottom of the court motion it says that a warrent might be issued if i miss the court date. Can i really go to jail over a credit card bill ?!? What do I do now ?

 

[seniorjudge]

Q: My ex Landlord tells me that on the bottom of the court motion it says that a warrent might be issued if i miss the court date. Can i really go to jail over a credit card bill ?!?

A: No; but you can go to jail for failure to appear in court. You must go to court for a debtor's examination. If you fail to show up, the cops will come get you.


Q: What do I do now ?

A: Pay your bill and then show for court with your paid receipt; show it to the judge.

 

[Some Random Guy]

Do you really owe the money? If so pay it. If not, then you can try to get the summary judgement against you thrown out because you were never served. This would mean a new trial.

 

[stephenk]

when was the judgment entered? when you moved did you provide forwarding information to the post office?

 

[JETX]

Do you really owe the money? If so pay it. If not, then you can try to get the summary judgement against you thrown out because you were never served. This would mean a new trial.

And where the hell did you get the idea that the OP was not served??
There are LOTS of valid methods of service, some personal, some not. The CORRECT advice would have been to suggest that the OP contact the court to determine the method of service..... and if not correct, THEN file a motion to set aside.