I posted on another board that I am considering blowing off filing an answer to the summons I just got from Discover, and letting it go to a default judgment, because I will eventually file Chapter 7. Several people warned me that this was a bad idea:
I have read of several BK lawyers telling their clients that they can ignore a summons when they get sued by a credit card and just let it go to a default judgment. Is there any truth to what the above-quoted people are saying? It sounds to me like the last two quotes are discussing a POST-judgment hearing. I can ignore the summons and judgment hearing, right?
if you have a court date, make sure you make it. I learned the hard way!
Be sure to go to court because I hear what they do if you don't show up is put out a warrant for your arrest for not showing up and that is the new debtors prison in the USA.
not showing up for court is always a bad idea, in my experience. laws vary everywhere so this is just my opinion, when i got the payment plan the judge also said if for any reason i could not pay , i could come back to court and explain why. as opposed to simply not paying and then having an arrest warrant issued , which is a whole nother hassle you don't want to deal with.
to my understanding its not the civil trial its the failure to comply with a court order IE the judgement , all states are different period. NH can and will issue an arrest order if you don't comply with judgment as written , ask my ex wife about that. in short you are better off in NH to get the payment plan from the judge even if you don't plan on complying . that way if you get popped you only out 20/30/40 bucks instead of the full amount to get out of jail. da judge doesn't give a about what you "plan on doing" its whether you comply with the order or not
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