Legal Question in Credit and Debt Law in California

I have received a copy of civil summons and complaint praying for judgment in excess of $54 K in the mail (but not actually personally served or even attempted personal service) in superior court in Riverside, CA by a c-card issuer. There are other creditors waiting in the wings to do the same thing. I had excellent credit for over 30 years and most often paid twice the amount of the minimum payment for years and refi'd my homes many times to pay off creditors, but the crash in 2008 had me lose just about everything, including having to come up with 23K at settlement in selling the last home I had in MD. I now have zero assets, no real property, and pretty much the clothes on my back, and only have social security, a private pension, and unemployment insurance which will run out soon. I have been told I can let the matter go into default and due to the sources of income I have, will be considered judgment proof. There is an OSC in Superior Court on the 28th of April. If I don't appear, this can I later be ordered to appear for deposition, writ of execution, etc, and if I fail to appear, can I be arrested and jailed? I am 69 yrs old and lost my job in '09 and haven't been able to get another job. I am very frightened about all of this and find myself in a situation I never thought would happen...


Asked on 2/26/11, 3:08 pm

1 Answer from Attorneys
Joe Marman Law Office of Joseph Marman

You cannot be jailed for not paying your bills. That went out hundreds of years ago when they abolished debtor's prisons. I suggest you declare a Ch. 7 bankruptcy,. The creditors suing you can require that you appear for an Order of Examination of your deposition, but if you declare a bankruptcy, it halts all civil actions against you. Sorry to hear of yoru bad luck.

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Answered on 2/26/11, 3:54 pm


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