Legal Question in Credit and Debt Law in Missouri

small claims court

My husband and myself signed for an signature loan at a credit union I belong to I have had trouble paying because of sickness and my husband does not pay my bills and he is being taken to small claims court for this what happens if he doesn't show up as he is working out of town


Asked on 1/21/03, 3:02 pm

1 Answer from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: small claims court

If he does not show up the case will be considered a "Default" and judgment in the full amount (plus court costs and attorneys fees, if any) will be entered against you. This is often the first step in garnishing wages. If you cannot pay this bill, your best bet is to go to court and try to work out an arrangement with the creditor. If you fail to appear your next notice from the court may be garnishment of your bank accounts or your husband's wages.

In small claims court you do not need a lawyer. You can show up and represent yourself. Often creditors are willing to work out a plan to take smaller payments over time so long as you remain true to your plan to pay off the note. But if you just avoid showing up, then judgment will be entered and the next step will probably be garnishment.

If you cannot make the court date, you can often request a continuance by calling the court clerk.

Good luck.

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Answered on 1/21/03, 3:09 pm


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