Q: I have a 15 year old debt that Discover sends Summons by court every couple of years. What happens if I stop going?
The debt is not on my credit report. I go to the court and actually meet with lawyer for Discover who asks some questions. I think they are just trying to keep the debt refreshed. What happens if I don't go? Or should I contact them? We have no money.
A: This sounds like a situation in which you are being summoned to appear at a debtor's exam. This is a court proceeding for which there are penalties if you fail to appear, including the possibility of the court issuing an arrest warrant. The debtor's exam is a tool that a judgment creditor can use to determine your ability to pay the debt. They can't have you arrested for not paying the debt, but you can be arrested for not showing up in court. A bankruptcy would stop this process.
A: If you stop going, they could issue sanctions against you. Hire an experienced debtors attorney to negotiate and resolve this matter for you.
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