Legal Question in Credit and Debt Law in Hawaii
I was recently served a summons regarding a credit card debt from 2002. The summons says I have to make a court appearance. What if I don't show up? Can they arrest me? Since I don't own any property can they still attach a lien on my car which is free and clear?
1 Answer from Attorneys
If you don't show up a default will be entered in the court records against you which will likely lead to a default judgment against you. You will not be arrested because this is a civil matter and not a criminal matter. If a judgment is entered against you the creditor can get a court order to seize your vehicle because you own it free and clear.
Please note that if you haven't paid the debt since 2002 or have not somehow ratified the debt since 2002 the statute of limitations may have run on the debt meaning that the court would dismiss the lawsuit because they waited too long to file the case against you. You should check this and if this is true you should consult with a lawyer to represent you to have the case dismissed.