Legal Question in Credit and Debt Law in California

Re: Filing suit against debtor

No, you can not be arrested. If you ignore the summons the will get a default judgment against you for up to the full amount of money the complaint asks for. they can then attach your wages, empty your bank accounts, take your car and foreclose on any real estate you own. But fear not, you will not be arrested. If however these other items might cramp your style, give me a call because I defend a lot of these kinds of cases and could probably do it for a reasonable cost.

Re: Filing suit against debtor

In reply to your inquiry, let me offer the following:

A civil summons is not a "subpoena." A subpoena is

a court order that requires someone to attend

either a deposition or court hearing and give

testimony or other evidence. Ignoring a subpoena

can result in arrest for contempt of court.

On the other hand, if you ignore the summons

and complaint, and fail to file an answer

within the required time frame, you won't go to jail.

Rather, the creditor will most likely file a Request for

Entry of Default which will cut off your rights to defend

the suit (absent relief from the default) and allow the

creditor to get a default judgment against you.

From there, the creditor can start garnishments, levies, etc.

I'd recommend against ignoring the summons � see if

you can work something out with the creditor. If not,

and debt is sizeable you might contact bankruptcy counsel

to see if that process makes sense for you.

Best of luck and feel free to let me know if you have questions or

comments. Now, let me give the "de rigeur" caveat:

The foregoing information is provided as an

accommodation only, and does not constitute legal

advice or a legal opinion based on a comprehensive

review of all relevant facts and documents, nor can

provision of such information be construed as

creating an attorney-client relationship.