This friend of mine got a letter from a lawyer representing a client that was asking him to settle an old loan. My friend has got all the documentation on full settlement. The lawyer even arrange a court hearing. I told my friend to ignore every thing and plain ignorance. Let the court send out an arrest warrant and then take up from there. Put you to jail for two days and the day you are out start a sue back. Is this a good advice?
2006-08-27 04:33:19 · 15 answers · asked by love_it_all 2 in Politics & Government ➔ Law Enforcement & Police
This is wrong on so many levels.
First, if he ignores a court date on a civil action, they will get a default judgement against him. That means he has to pay the full amount of whatever they claim because he didn't bother to defend himself.
Second, he will not be put in prison, unless he is found in contempt of court - very unlikely here. He will not have any grounds to sue them for this, as he had an opportunity to defend himself in the suit.
Third, you are guilty of practicing law without a license. I hope your friend was smart enough not to listen, but if he wasn't, you may be in a considerable amount of trouble here.
2006-08-27 04:40:58 · answer #1 · answered by Catspaw 6 · 3⤊ 0⤋
No, never ignore a letter regarding a court date on any offence. Ignoring the letter can resolve in worse punishments then just appearing to court. If it is just a matter of an old loan, it would be best settled by going to court rather then ignoring the letters, being put in jail for a few days, and then still having to go back to court again, now not only for the first claim, but for the reason you didnt show up, and now also if you are planning to sue. Following your advice would result in a lot of red tape and court dates and of course money.
2006-08-27 11:38:26 · answer #2 · answered by Dal 3 · 2⤊ 0⤋
I am going to assume that it was a Small Claims case and the loan was under $5,000.00. If he has worked out an agreement with the attorney for the Plainiffs then he wouldn't always have to go to court, the attorney will let him know if he needs to come. The court cannot and does not have the autority to issue a warrant for a small claims case. If the Plainiffs are awarded the money for the loan, they are entittled to the Judgment amount, court clost and interest.
2006-08-27 18:34:57 · answer #3 · answered by Jan G 6 · 1⤊ 0⤋
Old loan payments are a civil matter You can not get thrown in jail for a civil matter. If what the lawyer proposed for a settlement was reasonable I would go with it Ignoring a court date is not a good idea then they can bust you for contempt of court. No your adivce was not good
2006-08-27 11:41:55 · answer #4 · answered by bisquedog 6 · 0⤊ 1⤋
You gave your friend the wrong advice. First of all it depends on how long the loan was, it could be past the statute of limitations. The case is a civil matter and he will not go to jail but lose the judgment by default which will allow his wages to be garnished or liens could be placed on his personal property. I agree with the answer posted by Catspaw.
2006-08-27 16:00:47 · answer #5 · answered by bsure32 4 · 1⤊ 0⤋
as a lawyer, I would always recommend that you settle things before you go to jail. Once you go to jail, you have lost, in every meaningful way. What do you think your friend is going to be able to sue for when he gets out of jail? Jail doesn't immediately give you the moral highground, and if you are in front of a judge the judge will be able to tell who the a*shole is in this situation.
2006-08-27 14:22:02 · answer #6 · answered by Anonymous · 1⤊ 0⤋
You gave your friend some very bad advice. If he doesn't respond the judge could decide against him. Alot of cheesy lawyers do this in hopes that the defendant won't respond.
He should go to court, take his proof and then request $ for his lost time and money for having to miss work to go to court.
2006-08-27 17:07:59 · answer #7 · answered by Mustang Gal 4 · 1⤊ 0⤋
Really bad advice. The best advice would be to set up a consultation with a lawyer. Many offer free intial consultations.
2006-08-27 12:46:39 · answer #8 · answered by Peakles 3 · 1⤊ 0⤋
It continues to constantly amaze me how absolutely stupid most people are...and this one is a classic example. The end result of the respondent ignoring the notice of hearing will be a default judgment in favor of the plaintiff. (And it will be "de fault" of the respondent for failure to appear). Idiots.
2006-08-27 11:47:32 · answer #9 · answered by Curmudgeon 2 · 1⤊ 0⤋
are you stir crazy how can you give this bad advice any warrant issued by the courts will be immune to suits if it were issued in good faith
2006-08-27 11:41:16 · answer #10 · answered by aldo 6 · 2⤊ 0⤋