Legal Question in Credit and Debt Law in Indiana
I recieved summons to appear in court
My husband and i are being sued for a credit card debt we couldnt pay.. this week. what do I need to know? What happens when we go to court? do we need to retain a lawer?
What exactly can they take form us to repay the debt? Can we go to jail for non payment? And what should I bring to court? Can my husbands job fire him for possibly being garnished? I am kind of scared about going. any advise would help. Thank you for you attention and time.
1 Answer from Attorneys
Re: I recieved summons to appear in court
First of all. calm down. There are no debtors' prisons in the U.S. so you are not going to go to jail or be fined, or anything of the sort. You need to show up at court, and if the creditor already has a judgment against you, then this hearing will allow the creditor's attorney to ask you about your assets and income so he can try and determine how you can pay off the judgment. He will ask you questions regarding employment, bank account information, and go through a list of questions pertaining to other assets (such as cars, jewelry, stocks and bonds, etc.). If you are currently employed, then he will go for a garnishment of your wages, which is limited by state law.
If this is the first hearing, then the creditor may ask you to agree to a judgment, or the court may try the lawsuit right then and there, depending on the court and its calendar. In any event, if you owe the debt, there is not much benefit in fighting it unless you need some time to come up with the money. In that case an attorney could be retained and she could get you a couple of months by asking for a continuance to file your response to the lawsuit and things of that nature.