Legal Question in Credit and Debt Law in California

i have been sue from capital one to appear in the court

i dont know regard maybe credit card or car loan

my question is if iam not show up in the court what

will happen and how to resolve that matter

thanks


Asked on 11/23/09, 1:43 am

3 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Within 30 days of its personal service upon you (i.e. when it was handed to you or an adult in your home), you must file an answer or other types of responses with the court, and have another person mail a copy to the lawyers for Capital One. If you don't do that, Capital One could obtain a default judgment against you, and then can try to collect. Typical collection involves levying your bank account or wage attachment. You might have some defenses including statute of limitations. You might want to speak with a lawyer in your area to avoid the possibility of a judgment that could follow you for at least the next ten years.

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Answered on 11/28/09, 3:21 am


Melvin C. Belli The Belli Law Firm

If you don't show up or fail to respond tot eh complaint they will get a judgment against you. That is their MO. Since they sued you send then a demand for bill of particulars. It basically says document what you claim I owe you. That will get to the bottom of why they are suing you. In the meantime try talking to them to settle.

BUT DO NOT FAIL TO RESPOND TO THEIR COMPLAINT OF FAIL TO SHOW UP FOR COURT. Make the crooks work for their money.

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Answered on 11/30/09, 12:56 am
Robert Mccoy Law Office Of Robert McCoy

If what you are talking about is a Order For Appearance and Examination, then you must appear or the court will issue a bench warrant for you arrest. You could then be arrested and put in jail. There are many ways to resolve the matter: pay the debt in full, file bankruptcy, or work out a repayment plan. If you do show up for the examination, make sure you do not bring a lot of cash with you because they can take it to satisfy the judgment.

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Answered on 12/18/09, 3:19 pm

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