Legal Question in Credit and Debt Law in Virginia
Jail?
Hello, I wrote a while ago because I am being sued by a collection agency over a $1200 debt. Right now I am in Argentina. My address in the US is in Norfolk, VA. The court date is in January 2008. Somebody said that even if I ashow up in court, there will still be a judgment on me. And that if I can�t pay, I will be put in jail. If I stay in Argentina and there is a judgment against me and am not able to pay, I will be arrested when I return to the US. Is this true? Thank you.
2 Answers from Attorneys
Re: Jail?
No, you've been told baloney. People under our system of laws are not arrested nor put in jail for failure to pay civil debts nor creditor judgments arising therefrom.
Re: Jail?
You will not go to jail for a civil judgment against you. In fact, if you are in Argentina and were there when supposedly served, it may be that you were never even validly served. If you show up on the return date (in person or through counsel), a judgment will NOT be entered against you at that point (unless you admit in open court to owing the money). The court will just set a trial date. (It is POSSIBLE that in some courts, the case will be tried on the first return date - if so, a box will be checked on the Warrant in Debt to that effect). If this is a collection agency, it is in fact not unlikely that if you contest the case, it will be dropped because they don't have any admissible evidence against you.
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