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..?

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1 Lawyer Answer
Alexander Florian Steciuch
Alexander Florian Steciuch
Answered
  • 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.

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