Default judgment

[Joe Baxter]

What is the name of your state? California

What to do if I did not appear on court and got a default judgment.
I am currently unemployed since 2003 due to sever illness and will not be able to work anymore.
I am living with my parents and have no assets.
What is next?
Can I be arrested?
Please help me.

 

[Debt Guy]

The answer to your question requires a little explanation.

You cannot be arrested for a debt. There is no such thing as debtor's prison for the last 150 years. So, if you are sued and you fail to appear in court, the creditor will be awarded a judgment.

But, you can be arrested for contempt of court. For example, if the creditor schedules an asset hearing and you fail to attend, the judge could issue a bench warrant for your arrest. Sometimes, the asset hearing is in the form of a set of questions to which you must provide written answers. It is the same thing and the same risk for failing to respond.

Generally speaking, it is always better to attend and tell your story and answer questions truthfully.

It sound like you are "judgment proof". But, the creditor still has the right to require you to present yourself and answer questions.

I am trying to not make this confusing. Does this all make sense to you?

 

[Joe Baxter]

Court appearance

Can I answer the asset questions by mail?
I do not live in the state anymore

 

[Joe Baxter]

The answer to your question requires a little explanation.

You cannot be arrested for a debt. There is no such thing as debtor's prison for the last 150 years. So, if you are sued and you fail to appear in court, the creditor will be awarded a judgment.

But, you can be arrested for contempt of court. For example, if the creditor schedules an asset hearing and you fail to attend, the judge could issue a bench warrant for your arrest. Sometimes, the asset hearing is in the form of a set of questions to which you must provide written answers. It is the same thing and the same risk for failing to respond.

Generally speaking, it is always better to attend and tell your story and answer questions truthfully.

It sound like you are "judgment proof". But, the creditor still has the right to require you to present yourself and answer questions.

I am trying to not make this confusing. Does this all make sense to you?

Thank you very much.
the question is if I must show in court or may I answer the asset questions by certified mail; I´ve moved from CA to TX since 2003

 

[Debt Guy]

My guess is that you can get the hearing dismissed if you are out of state.

Call the court clerk, explain and ask what is the proper procedure. The clerk may even have a form you can fill out. At minimum, they should be able to give you samples of the proper motion to file. Usually, you cannot just write a letter to the court -- it needs to be in the proper legal form.