Newark, NJ asked in Collections for Virginia

Q: if u get a certified letter for a debt to appear n court do u have to apprear

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1 Lawyer Answer
David B. Levin
David B. Levin
  • Consumer Law Lawyer
  • Chicago, IL

A: Failing to appear is generally a big mistake. If a lawsuit has just commenced against you, failure to appear may result in a default judgment being entered against you. The judgment might include attorney fees and court costs in addition to the amount the creditor says that you owe, and the creditor would then have the opportunity to enforce the default judgment in a variety of ways, including possible garnishment of your wages.

If a judgment has already been entered and you've been ordered to appear to disclose assets (or you've been ordered to appear for any reason), failure to do so can result in you being held in contempt of court, which carries possible penalties of its own aside from the original debt issue.

Consider speaking with a collections attorney in your area as soon as possible so that he/she can assess what's happening and explain your options.

*David Levin is the Partner in charge of UpRight Law's consumer rights litigation department. UpRight Law is a national law firm with licensed attorneys providing bankruptcy and consumer legal services in all 50 states. He is licensed in Illinois, Ohio and West Virginia, as well as several United States District Courts. He has 22 years of litigation experience, the last 18 of which have been focused on consumer rights litigation. This response is for informational purposes only and is not intended to be legal advice. For legal advice, consult an attorney licensed in your state with the appropriate expertise.

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