Hammond, IN asked in Bankruptcy and Consumer Law for Indiana

Q: I received a summons in the state of INDIANA

I Received a summons and it said failure to appear may result in a judgement against you, but it doesn't say you must appear can that result in a warrant being issued for me can a default judgement include a warrant for my arrest it's just credit card debt..?

Related Topics:
1 Lawyer Answer
Alexander Florian Steciuch
Alexander Florian Steciuch
  • Valparaiso, IN
  • Licensed in Indiana

A: You do not get a warrant for failure to appear for the initial hearing. As the summons stated, it may result in what is called a default judgment against you which is where the other side gets everything they ask for automatically because you were not there at the appointed time. If you were to then not pay that judgment and the opposing side asks for another hearing to determine your ability to pay after your nonpayment, you may then get a warrant out for contempt of court if you do not show up for that one as well.

That said, you should always show up for court. A default judgment grants everything the other side asks for simply because you do not show up. If you cannot show up, contact the court and ask for a continuance for a time when you can appear. Consult with a local attorney for legal advice on how to further proceed.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.