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Order to Show Cause....what do I do?

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PB1

Member
I was served an ORDER OF NOTICE:
"Upon a motion made by the plaintiff in the above referenced matter, you are hereby ordered to appear at a hearing to show cause if any, why you should not be held in contempt for failure to pay the judgement in this matter as ordered by the court"

Discover Bank/Card obtained a judgement for roughly $4000 that I owe them on a delinquent account. What do I need to do to prepare for this hearing. I am currently unemployed, basically indigent and living on charity, and owe several other creditors significantly greater amounts...
Thank you so much for any thoughts or advice.
 


quincy

Senior Member
You can prepare by taking to court documents that show your inability to pay on the judgment.
 

PB1

Member
Why have you not filed for bankruptcy?
I own a home that I'd like to keep - I was advised that the ration of my debt to equity might force it to be sold...
Bankruptcy would erase this judgement, right?
Thank you for responding so quickly...
 

PayrollHRGuy

Senior Member
I own a home that I'd like to keep - I was advised that the ration of my debt to equity might force it to be sold...
Bankruptcy would erase this judgement, right?
Thank you for responding so quickly...
In most cases, you can keep your home through Chapter 7 bankruptcy. It depends on your state which we don't know.

Yes, it would and your others as well.
 

quincy

Senior Member
If the $4000 judgment is just one of several debts you owe, and you have no job, no income and are “living on charity,” bankruptcy does seem to be a good option for you to consider. I agree with PayrollHRGuy.
 

PB1

Member
In most cases, you can keep your home through Chapter 7 bankruptcy. It depends on your state which we don't know.

Yes, it would and your others as well.
Thanks again - I'm in New Hampshire
I own my home free and clear, with my sister a half owner (estranged/contentious) - the market value is 240K and I owe about 65K unsecured.
 

adjusterjack

Senior Member
I own my home free and clear, with my sister a half owner (estranged/contentious) - the market value is 240K
That could be a problem. You have an asset with enough non-exempt equity to pay your debts though your sisters ownership is certainly a dilemma.

I suggest you talk to a bankruptcy attorney BEFORE your hearing.
 

Litigator22

Active Member
I was served an ORDER OF NOTICE:
"Upon a motion made by the plaintiff in the above referenced matter, you are hereby ordered to appear at a hearing to show cause if any, why you should not be held in contempt for failure to pay the judgement in this matter as ordered by the court"

Discover Bank/Card obtained a judgement for roughly $4000 that I owe them on a delinquent account. What do I need to do to prepare for this hearing. I am currently unemployed, basically indigent and living on charity, and owe several other creditors significantly greater amounts...
Thank you so much for any thoughts or advice.
IMPORTANT!

Promptly call the American Civil Liberties Union (ACLU) of New Hampshire at 603 225 3080. There an attorney will be able to discuss the subject of debtors' prisons in medieval New Hampshire and the constitutionality of Rule 4.11. of its archaic Circuit Court Rules. *

Also they can guide you in preparing and responding to the to the Show Cause Order with respect to your ability to comply with the order to pay the credit judgment; your right to an attorney at the state's expense and more!

_________________


[*] Rule 4.11 Contempt (Following Payment Order)

"(a) Contempt proceedings for failure to comply with a payment order may be initiated by the plaintiff by Motion for Contempt for Non-Compliance with Payment Order and will result in the issuance of an order of notice to the defendant to appear before the court to show cause why the defendant should not be held in contempt of court. . . .

* * * *
(e) If the defendant fails to appear at the hearing and proof of service has been provided by the plaintiff, the court may proceed, and orders may be made in the defendant's absence or an order for arrest may be issued.

(f) As a result of the hearing, the court may find the defendant in contempt and may make such orders as are appropriate, including a commitment to the house of corrections until the contempt is discharged. A contempt finding shall not end the proceedings nor satisfy any order for periodic payments. Future violations of the court's order for payments may also be dealt with as contempt.

(g) Reasonable costs and fees incurred by the plaintiff in carrying out the provisions of this rule, in addition to statutory interest, shall be paid by the defendant."
(Emphasis added)


Do the town squares in your primitive state still feature prisoner's stocks?

 

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