What can I expect?

[mdlee3]

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

I have been sued and have a judgment against me for a debt that I owe Discover Card (approx. $2,100) and have received a Motion in Proceedings Supplemental and Subpoena Duces Tecum. I am supposed to be in court on 2-12-2018. I have a few questions.

1) What can I expect at court that day?

2) What happens if they want me to pay a lump sum, due by _______ date and I can't afford that and can't get the payment saved up in time?

3) Can I contact the Plaintiff's attorneys and try to set up some sort of payment plan? Are they usually willing to do that with somebody so close to going to court?

4) Finally, I am supposed to be moving cross country for a new job and will be receiving relocation assistance from the new employer. In theory, I could wait until 2-16-2018 before leaving, but I feel that will cut it really close so if there any problems along the way, I'd be late and possibly miss my start date so it would be more realistic for me to leave around 2-13 or 2-14. How will the relocation assistance look in court if they find out about it?

 

[LdiJ]

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

I have been sued and have a judgment against me for a debt that I owe Discover Card (approx. $2,100) and have received a Motion in Proceedings Supplemental and Subpoena Duces Tecum. I am supposed to be in court on 2-12-2018. I have a few questions.

1) What can I expect at court that day?

You can expect that the judge will give them a judgment against you.

2) What happens if they want me to pay a lump sum, due by _______ date and I can't afford that and can't get the payment saved up in time?

They can "want" you to pay a lump sum by a certain date all that they want, but they cannot force you to pay it. All they can do is garnish your wages or attempt to find and seize your bank account.

3) Can I contact the Plaintiff's attorneys and try to set up some sort of payment plan? Are they usually willing to do that with somebody so close to going to court?

Its not at all unusual, it happens all the time.

4) Finally, I am supposed to be moving cross country for a new job and will be receiving relocation assistance from the new employer. In theory, I could wait until 2-16-2018 before leaving, but I feel that will cut it really close so if there any problems along the way, I'd be late and possibly miss my start date so it would be more realistic for me to leave around 2-13 or 2-14. How will the relocation assistance look in court if they find out about it?

As long as you do not miss court, you will be fine no matter which date you leave. The relocation assistance will not be relevant to the court.

Bottom line, for collection purposes the plaintiff will be limited to garnishing your paycheck or seizing your bank account. Don't keep any extra money hanging around in your bank account until the matter is resolved.