can he file a judgment or garnish your wages without making you appear in court?
2007-01-26 08:29:08 · 7 answers · asked by k 1 in Business & Finance ➔ Credit
No one is going to issue a warrant for your arrest.
If an attorney files a lawsuit against you, you are then served with the complaint.
If, and only if, you fail to answer within thirty days of service, you will be defaulted. The credit card company's attorney will then request a default judgment against you.
Once the default judgment is entered, he can try and garnish your wages or attach your bank accounts if he can find them. He can also request a judgment debtor examination that has to be served on your personally. This requires you to appear in court and testify as to what assets you have and where they are. If you don't show up for this and the attorney can prove that you were served, usually by a sheriff, then a warrant can be entered for your arrest but this will be months down the road.
2007-01-26 08:40:10 · answer #1 · answered by gbravo04 4 · 2⤊ 0⤋
YES: He can get a judgment and have your wages garnish. But he must take the proper steps, He will have to file suite in the municipality where the action is to take place. You will be informed of the court case, you are the defendant. If you do not go, you loose, and a garnishment may be issued.
Upon presentation of the garnishment, your employer is required to adhere to the ruling of the court , or pay fines. If you went to court, the judge will consider your standing expenses, your salary, and give the rest to the lawyer to pay the credit card bill. This judgment will lock the expenses and no interest can be charged and no fees can be added. You are well ahead, any additional income that you can get, you get to keep. If you are not in court, most times the garnishment is for X% of the income before tax. So if you work overtime, you don't see anything.
Pay the bills and don't dodge the law, you can't win.
2007-01-26 08:48:35 · answer #2 · answered by whatevit 5 · 1⤊ 0⤋
He can file a lawsuit against you for the amount of the credit card plus other charges such as attorney fees, court cost, and interest. After the lawsuit is filed you are notified of it and you can answer it as to whether you agree with the lawsuit. If you do not respond after that they can file a judgment against you and then can garnishee your wages. The only way to get out of it is to either get them to work out an agreement with you or you file bankruptcy. Good luck!!
2007-01-26 08:44:43 · answer #3 · answered by shorty 2 · 1⤊ 0⤋
i might think of THAT WITH A PENSION that is basically like SOCIAL protection, it incredibly is money you have EARNED AND THAT the government provides you lower back. i do no longer think of they might. yet, i'm no longer A criminal expert, in spite of the reality that I TOO HAVE money COMING FROM the government with the aid of fact i won't artwork. AN I somewhat MAKE adequate to stay to tell the story ON and that i've got lenders attempting all of the time TO TAKE ME TO court docket. yet, the only TIME I DID flow THE choose advised THE lenders which you will't GET BLOOD FROM A TURNIP. AN provided that's money I RECIEVE FROM the government TO stay to tell the story they might no longer touch MY money. AN NOW I TOO AM residing on a on a regular basis foundation AND FROM verify to ascertain. i'm hoping THIS HELPED EASE YOUR ideas somewhat, yet LIKE i began out to declare before IF I have been YOU i might touch A criminal expert AND AS THEM.
2016-11-01 09:01:21 · answer #4 · answered by alyson 4 · 0⤊ 0⤋
no, a judge has to be the one who okay's a wage garnishment.
2007-01-28 16:55:42 · answer #5 · answered by luciousgreeneyedlady 5 · 0⤊ 0⤋
Garnish your wages or reposses assets, put a lien on your house if you have one.
2007-01-26 08:39:49 · answer #6 · answered by nickfromct 3 · 0⤊ 0⤋
Oh if you don't appear in court, they issue a warrant for your arrest..so pay up...dude!!
2007-01-26 08:34:23 · answer #7 · answered by momof3 5 · 0⤊ 0⤋