Summed to appear in court for a debt?!?

[bb229]

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

California

About 2 years ago I did a voluntary repo to a car I had financed with LBS Financial, I continued to make payments on the remaining amount until about 6 months ago when I came into a financial hardship. Today I have been served to appare in court in 2 weeks. To be quite honest, I cant afford to pay the debt any more and plan on filing for Bankrupcy. Is this the norm to have to go to court for this? It's not like it's a huge amount I owe ($6500). What should I do? I don't have the money currently to pay for a Bankrupcy lawyer, so I don't really see the point in going to court if I'm just going to go there to say I can't pay for anything... Just seems like a waste of time for everybody involved...

 

[Proserpina]

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

California

About 2 years ago I did a voluntary repo to a car I had financed with LBS Financial, I continued to make payments on the remaining amount until about 6 months ago when I came into a financial hardship. Today I have been served to appare in court in 2 weeks. To be quite honest, I cant afford to pay the debt any more and plan on filing for Bankrupcy. Is this the norm to have to go to court for this? It's not like it's a huge amount I owe ($6500). What should I do? I don't have the money currently to pay for a Bankrupcy lawyer, so I don't really see the point in going to court if I'm just going to go there to say I can't pay for anything... Just seems like a waste of time for everybody involved...

Are you working?

It's not uncommon for a creditor to request and obtain a writ of garnishment at the first hearing; if you don't turn up they'll get a default judgment and will probably be able to start garnishing your wages immediately.

 

[Banned_Princess]

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

California

About 2 years ago I did a voluntary repo to a car I had financed with LBS Financial, I continued to make payments on the remaining amount until about 6 months ago when I came into a financial hardship. Today I have been served to appare in court in 2 weeks. To be quite honest, I cant afford to pay the debt any more and plan on filing for Bankrupcy. Is this the norm to have to go to court for this? It's not like it's a huge amount I owe ($6500). What should I do? I don't have the money currently to pay for a Bankrupcy lawyer, so I don't really see the point in going to court if I'm just going to go there to say I can't pay for anything... Just seems like a waste of time for everybody involved...

They are looking to get a judgment against you so they can do stuff like levy your bank account, lien your house, garnish your paycheck.

you don't have to go, the result is going to be the same either way, but it is never advisable to not go.

It is not going to be a waste of time for them.

 

[sandyclaus]

Funny how you think $6500 isn't such a huge amount. People sue in Small Claims all the time for amounts far less than that. And if the debtor doesn't show up, as long as the creditor has a strong case, they usually end up with a judgment.

I suspect that your creditor feels you can afford more, or they want to extend the amount of time they can collect that debt from you. Filing a lawsuit to get a judgment has a statute of limitations of 4 years on a written contract. Once a judgment is issued against you, they can come after you to collect on the judgment for another 10 years, and renew it again for ANOTHER 10 years just before that SOL runs out. It may take longer to collect the debt, but they can probably expect your financial situation to improve over that time so that they can hit you up again in the future.

Oh, and if the judgment creditor requests it, the court can ALSO add 10% annual interest to any unpaid balance on your judgment.

 

[latigo]

Are you working?

It's not uncommon for a creditor to request and obtain a writ of garnishment at the first hearing;

Pardon me for saying so, but that statement is fallaciously absurd.

Such a senseless utterance would never come from one schooled in and having experience working with California's Code of Civil Procedure or the comparable court rules of any other state or those that govern such processes in the federal court system.

To correct and edify there is no such critter as a PREJUDGMENT WRIT OF GARNISHMENT! Which is precisely what your erroneous response implies.

As do most states, California’s Code of Civil Procedure (CCP Section 485.010 et seq.) provides a method for obtaining a Writ of Attachment whereby non exempt, in-state assets of the defendant can be seized and secured prior to judgment.

But those rules are complex, requiring heavy bond, infrequently sought, often successfully contested and the Writ ordered only under certain exigencies where it satisfactorily appears to the court (among others) that the listed asset or assets of the defendant sought to be levied upon are in danger of being dissipated, substantially impaired in value, made unavailable, etc.

AND to deny the issuance of the writ would result in “great or irreparable harm” to the plaintiff.
_________________________

With all due respect, you ought to give thought to asking and learning in here, rather than responding to others with such misleading guesswork.

Studying and practicing law is not something successfully accomplished by mere inspiration and intuition.

 

[BigMouthWino]

It should also be noted that the "Summons" the OP received is not a notice to appear in court by a certain date, but a notice of a date by which an answer is due to the civil complaint.

In California when you file an answer you will have to pay a filing fee that varies depending on the court you were sued. Also if OP elects to file an answer and contest the case OP will be liable for actual attorneys fees (instead of attorneys fees on the default schedule) which will be substantially higher and if OP doesn't comply with the Local Rules of the court or the Code of Civil Procedure when defending the case OP is likely be sanctioned and lose to a summary judgment motion.

This is NOT Judge Judy where you show up and tell your story to the judge. This is the California Superior Court.

 

[Proserpina]

I sincerely and wholeheartedly apologize to the OP for posting that horrendously erroneous information.

Many thanks to you, latigo, for the correction and clarification.

 

[BigMouthWino]

I sincerely and wholeheartedly apologize to the OP for posting that horrendously erroneous information.

Many thanks to you, latigo, for the correction and clarification.

My word I have never seen you so gracious Proserpina. I think I am beginning to fall in love.

 

[Proserpina]

My word I have never seen you so gracious Proserpina. I think I am beginning to fall in love.

Believe it or not, there was no sarcasm or snark involved there. It was a genuine statement and apology.

And believe it or not, I do have respect for most of the posters here. Yourself and latigo included, even though there might be some eye-rolling going on.

(Except spinny - have you read signspinner's threads? )

 

[Willlyjo]

Believe it or not, there was no sarcasm or snark involved there. It was a genuine statement and apology.

And believe it or not, I do have respect for most of the posters here. Yourself and latigo included, even though there might be some eye-rolling going on.

(Except spinny - have you read signspinner's threads? )

 

[Proserpina]

Aww feeling left out, dear?

I'd forgotten how badly you wanted to become part of the he-rem.