Legal Question in Credit and Debt Law in Georgia
I am being summoned to court for a civil action case due to non-payment of a unsecured credit card. What can the judge impose. I am currently unemployed. Thank you.
3 Answers from Attorneys
If you have received only a Summons (and not a subpoena), the judge can enter judgment against you for the amount sued for, plus the court costs. It doesn't matter that you are unemployed. However, COLLECTING the judgment is a separate matter and may present the Plaintiff in the case with problems.
If you owe the money teh creditor can win a judgment which will continue to accrue interest. When you do get a job they can garnishee your paycheck. They can also seize your bank account, car, home, etc towards the debt.
You need to see a bankruptcy attorney before 30 days elapse. In some cases you could eliminate the debt (and other debts). If that is not an option, the lawyer may have other ideas.
If the judge finds in favor of the company, (s)he he can enter a judgment for the balance, court costs, and interest. If your contract permits attorney fees, he can also include that.
Thereafter, if you have any assets (including a bank account), the comopany can place a lien on your assets. Therefore, if you have money in your bank account or have direct deposit, you should stop it. Otherwise, your money could be frozen. This could prevent you from paying your other bills. Of course, when you obtain a new job, the cmopany can seek to garnish your wages.
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