Wednesday 6 June 2012

Will Delinquent Debtors Go To Jail For Unpaid Credit Card Debt?


For many delinquent debtors who owe a significant amount of money on credit cards, the first concern that come to mind is, will they go to jail for credit card debt? Let's get one thing straight, being sued for unpaid credit card debts will not land you in jail. However, if you ignore the summons, you might find yourself in jail for a short period.
If you have not been sued by your credit, there's no way you'd be in jail. If your creditor presses charges against you, you will not go to jail for it because 1) credit card lawsuit a civil case, not a criminal case and 2) as long as you answer the summons within the given period, the court will not release a bench warrant.
Unfortunately, a large majority of delinquent debtors choose to ignore the summons, thinking the problem will go away on its own. But it won't. So as soon as you received a summons for credit card debt, you need to either consult with a consumer debt lawyer or familiarize yourself with local and Federal laws as well as pore over information relating to defending yourself against debt claims, Pro Se.
That being said, some debtors do find themselves facing jail time because they failed to respond to the court's summons. When a credit card lawsuit starts, the debtor will receive a summons and complaints, which he needs to respond to in writing. The summons will then be sent to the plaintiff or the creditor's lawyer. The answer to the summons could also be filed in court, whichever way you choose to send the summons, make sure you do it on time.
Failure to answer the summons on time will result in default judgment being awarded to the creditor. This will give them authority to access your bank account and garnish your wages. In addition, the debtor might even shoulder the legal cost of the creditor! So if you do not answer the summons, you will lose a massive amount of cash and will continuously lose money until the entire debt, penalty charges and interest included, is paid off.
In some states, creditors who won the credit card lawsuit could ask the court to make the debtor disclose his assets and savings. Known as "Order for Disclosure", this order gives creditors the power to check all your assets and use them to satisfy the debt. So be sure to present your Answer to the summons on time, as this will save you from headaches and money once you ignore it.

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