Legal Question in Credit and Debt Law in Missouri

Re: Civil Suit by Diners

You do not have to worry about going to jail if you are only being sued in a civil suit for a money judgment. However, your former employer might turn the matter over to the prosecutor who might in turn elect to press criminal charges.

Re: Civil Suit by Diners

They cannot put you in jail unless you used your card fraudulently, or acquired it fraudulently. If you did not do these things, then you should know that imprisonment for debt is unconstitutional under the Missouri Constitution.

Sadly, you may have missed an opportunity to escape this debt alltogether. Had you filed for bankruptcy before the law changed in October, a Chapter 7 could have eliminated this debt and given you a fresh start. Under the new bankruptcy law you have two options. You can see a debt counseling service and try to work out some way of paying off this debt, or you can see an attorney who can either take you into debt counseling or take appropriate steps to file a Chapter 13 wage earner plan (assuming you have some form of gainful employment). Either way the options are not good for you. You'll have to pay off some part of this debt over time.

If Diners is suing you, and they have served you, a bankruptcy may stop the collection lawsuit. If you do nothing Diners will get a judgment and will garnish your wages. They can take your car and they can place a lien on your house, and in some cases, force you to sell property to pay off your debt.

You need to see a debt relief agent (bankruptcy lawyer) immediately to assist you with getting out of the situation you are in. There are many good bankruptcy attorneys in the Kansas City area.