Legal Question in Credit and Debt Law in Oklahoma
Judgements
I live in AR but am being sued by a finance company in OK. IN march they got a judgement for $408.00. Today I received a''Order to appear and answer as to assets'' in OK court.I am asked to bring records of salary and bank statements and income tax and property owned,etc. It also asks to show cause why i should not be required to pay the judgement.
I haven't worked in 18 months due to health reasons-6 surgeries in 18 months-the last ones being this past April and the last in JUly. I've had to move in with my sister and have no income-my son helps some.I'm receiving food stamps. My question is-what will they likey do? I've never been to court before. Can I go to jail for owing a debt? One lawyer I talked to on the phone said the court could find me In Contempt for not paying after the judgement was first given.I didn't have to go to court that time,I just let the Plaintiff have the judgment-I didn't fight it.The only propery I have is a 1976 car-my son saved his money and bought it but I put it in my name so the insurance would be cheaper.Do they have to let me keep that car? Will they make me go to jail?
Thanks and any answers will be appreciated.
--name removed--osborne
1 Answer from Attorneys
Re: Judgements
I will try to answer what I think is your primary concern. If the finance company has proper service upon you for the asset hearing, and you fail to appear, then the judge can issue a bench warrant for your arrest.
Asset hearings are one method creditors use to collect debts. They can also garnish bank accounts, wages or any other source of income you may have as long as it is not exempt. Your automobile is exempt property and they cannot attach it, unless of course the finance company that has the judgment against you is the one who financed the car. Creditors can also place liens on any real property you may own. Hope this helps.