Missed Supplemental and interrogatories hearing, what to do now?

[blondedragon]

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

I was given a default judgment against me for a credit card debt. I have no job, no monetary holdings of any kind, etc...
The default judgment was awarded to plaintiff but then they filed the supplemental and interrogatories hearing to see if im holding anything back I suppose but here is the problem. I MISSED THE HEARING!!. I was out of state for about 2 months and a friend was collecting my mail which I didn't receive until I returned home 2 weeks after I already missed the hearing date. When I go online and look at the case information is shows it is closed but the plaintiff filed a minutes entry asking matter be continued for return of serve as to debt and garn-debt. What does that mean? Will I have a bench warrant issued for me for failure to appear since I missed the court date? Should I try to file a motion for continuance for an already missed court date?

 

[latigo]

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

I was given a default judgment against me for a credit card debt. I have no job, no monetary holdings of any kind, etc...
The default judgment was awarded to plaintiff but then they filed the supplemental and interrogatories hearing to see if im holding anything back I suppose but here is the problem. I MISSED THE HEARING!!. I was out of state for about 2 months and a friend was collecting my mail which I didn't receive until I returned home 2 weeks after I already missed the hearing date. When I go online and look at the case information is shows it is closed but the plaintiff filed a minutes entry asking matter be continued for return of serve as to debt and garn-debt. What does that mean? Will I have a bench warrant issued for me for failure to appear since I missed the court date? Should I try to file a motion for continuance for an already missed court date?

Obviously the judgment creditor invoked what is known as "proceedings supplemental" under Indian Rules of Court Rule 69 E . Meaning that pursuant to a motion filed by the creditor an ex parte order was issued commanding you to appear before the court to respond to inquiries regarding your non exempt assets.

Proper service of that order would have been completed upon the mailing there of to your last known address. (Rule 5). And yes, your failure to attend could very well be considered contempt and a bench warrant could be issued.

With respect to the minute entry in re "debt and garn-debt" it could be that the order also included a person or entity that the creditor believed owed you money. In other words, a would-be garnishee (Rule 69 E (4) and the creditor's request for continuance is made to allow it to provide a return of service on the proposed garnishee.

Or it may be that the creditor filed a second supplemental proceeding motion with respect to someone assumed to be your employer. Service of an order would likely require personal service upon the respondent.

It is too late to move for a continuance of the supplemental proceeding hearing. What I suggest is that you communicate directly with the creditor's attorney of record and explain the circumstance of your neglect to appear as ordered and arrange a time when it could be accomplished by stipulation.

A curiosity here is how you managed to be away from your home for two months and yet claim be so financially destitute. Sleep in your car? Panhandle? Beach combing? Collecting aluminum cans?

 

[blondedragon]

after looking at the notice I had received I found that the post mark on the envelope was dated for January 28 2015, 8 days after I was supposed to be there. Apparently it was delayed in the mail. So how would I go about clearing myself if there is a bench warrant for me? I thought I would go to the clerks office and show them the notice but don't want to waste my time or worse get arrested for the warrant

 

[blondedragon]

As far as being away from home for 2 months, after I had lost my job , my boyfriend who is a union operator that travels around the USA with the company he works for, had offered to take me with him in exchange for me driving him to and from work, making his lunch, doing his laundry, etc....