Legal Question in Credit and Debt Law in Wisconsin
court summons
I just recieved a court summons to appear in court in rock county wisconsin. There was a credit card that i stopped paying because i am not working and could not pay for it. They did not want to hear that so i stopped communicating. I don't have any way of paying for it. it's about $3800.00. What could be the outcome if i go to court and can't pay? What happens if I don't go? thank you
1 Answer from Attorneys
Small Claims Court Summons, Effect of Going to Court, Inability to Pay, Bankruptcy Rights
You need to immediately consult with an experienced bankruptcy lawyer. Although creditors with judgment in WI have the right to garnishee wages and seize certain assets, you have the right to protect yourself via bankruptcy, as well as other insolvency proceedings in state court such as chapter 128 receiverships. Bankruptcy results in a legal forgiveness of debt due to inability to pay. This is known as a "discharge. Going to the first court appearance and admitting the debt will lead to the same result as not appearing, that is, a judgment against you. For this reason, if the debt is totally undisputed, there is no reason for you to go to court. The judgment will require you to provide certain financial information to the creditor or face possible arrest. I would recommend that you obtain legal advice at every stage of these proceedings. My comments here are not intended as advice to you unless you subsequently retain me. Good luck!