Wednesday 6 June 2012

Jail Time Awaits For Those Who Ignore The Summons


Many delinquent debtors who plan to ignore the summons be warned, unanswered summons and complaint could lead to a short stint in jail. The fact is, ignoring court ordered summons is one thing and blatant disobedience to a court order is another. Debtors who continuously ignore the summons despite several notifications will be held in contempt and if the court suspects that a debtor disobeyed the court order and committed contempt, he or she will receive an order to “Show Cause” which means, that the losing defendant has to show up in court and explain why he or she did not obey the court order.

Yes, debtors have very minimal chances of being in jail for unpaid credit debt but this does not mean they don’t have to worry about its possibility at all. When debtors are held in contempt, that’s when they should worry about jail time. If the debtor did not show up for the court proceedings, the court will issue a bench warrant for his arrest. The police or sheriff will arrest the debtor to make him face the judge, not because of the unpaid debt but because for failure to obey the order of the court.

From there, the judge will force the debtor to present his entire assets and money or the debtor will pay the presiding judge to be released. Note that some state courts allow defendants (the debtors) to post bail and the bail amount will be set in the judgment amount or greater.

It’s critical for credit card debtors to consult with an attorney to determine action to take when answering a summons. To avoid jail time or paying heinous amount of money on court fees, just answer the summons, consult an attorney, or if you can’t afford a lawyer to represent you in court, gain knowledge on how to defend yourself Pro Se and never, ever ignore the summons!

Defending yourself in court might be daunting and downright difficult for many but with the right information, it’s quite an easy feat. You could win the case and not pay a single cent! Whichever way you choose to solve your problems, make sure you don’t just ignore your problems. You are only making things worse and making it hard for the judge to give you a favorable judgment.

So if you are served with a summons, ignoring the court order will not help your case. In fact, it could make things worse for you. Instead of ignoring the summons, craft an Answer to the summons right away.

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