She owe's this debt, but can't pay it. She will get a judgement against her, going to court or not. So, my question is this. Will she suffer any CRIMINAL ramifications by not appearing?
2007-11-26 11:43:42 · 7 answers · asked by paul_txs 1 in Politics & Government ➔ Law & Ethics
In practice, probably not. There will simply be a default judgment entered against her.
In theory, ignoring a summons can lead to a charge of contempt of court. In a straightforward civil suit for a debt, though, it's not going to happen.
Now, after the default judgment is entered, there will in most jurisdictions be a debtors exam scheduled, where she has to present herself with evidence as to what she owns, income, debts, etc etc. This is to enable the creditor to determine where best to go to collect on his judgment.
Not showing up for a debtors exam oftentimes WILL lead to a contempt ruling. That's because not showing up to the trial just means you lose - which is the worst that can happen anyway. Not showing up to the debtors exam, though, is seen as making it difficult for the winner to collect.
Richard
2007-11-26 11:47:18 · answer #1 · answered by rickinnocal 7 · 1⤊ 0⤋
1
2016-06-02 18:59:24 · answer #2 · answered by Lloyd 3 · 0⤊ 0⤋
Yes, if she has been served she must appear. If she does not the court can issue an arrest warrant for contempt.
So they can not put her in jail for failing to pay her debts but can put her in jail for ignoring the court.
Go to court tell the truth. The other party should have been willing to work out a pay plan if your friend had any intentions of paying.
Now the other party will have a judgment against her and that judgment will be paid before she receives any money from the sale of a house, and they can seize her bank accounts.
2007-11-26 11:49:40 · answer #3 · answered by lestermount 7 · 0⤊ 1⤋
Assuming the summons accompanied a complaint, there should be no problem. A default judgment will enter against her. If the summons was to be examined for nonpayment of an existing default judgment, a civil warrant (capias) may issue. If the summons was a capias, it may go to criminal contempt.
2007-11-26 11:50:24 · answer #4 · answered by thylawyer 7 · 0⤊ 0⤋
Nope. She'll have a default judgment entered against her. I hope for her sake, the calculations the Plaintiff is make are correct, because that's what will appear in the judgment, and once entered, it is a bear to change.
Only if she is served with a subpoena does she have to appear and subject her to criminal sanctions if she does not. A summons merely says "defend yourself." If you choose not to defend yourself, that is your choice.
2007-11-26 11:49:45 · answer #5 · answered by scottclear 6 · 0⤊ 0⤋
No but she will definitely lose. Not showing up to a civil trial means she will be defaulted on by not showing up. And she won't be able to appeal.
2007-11-26 11:49:07 · answer #6 · answered by Eisbär 7 · 0⤊ 0⤋
NONE-SHE WILL OWE THE $--THEY CANT GET BLOOD FROM A STONE
2007-11-26 11:47:50 · answer #7 · answered by DEA 4 · 0⤊ 0⤋