Asked in Collections for North Carolina

Q: I was served a civil warrant from a credit card company. I can't make the court date. Will I goto jail if I don't go?

This credit card is from 6 years ago. I lost my job lost my husband and mom all at same time . I was in financial problems. I'm on disability now because of all the trauma.

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2 Lawyer Answers
Joel Gary Selik
Joel Gary Selik
  • Collections Lawyer
  • Las Vegas, NV

A: Assuming this was a lawsuit (summons and complaint) that you were served and not a post judgment Order to Appear or lawful subpoena, you will not be arrested.

Lynn Ellen Coleman
Lynn Ellen Coleman
  • Licensed in North Carolina

A: If this lawsuit is in North Carolina, what you would be served is not called a warrant, it's called a summons and complaint. If the lawsuit was filed in Virginia this would be called a Warrant in Debt. Are you sure you posted your question in the correct state? If this is from six years ago, you may have legal defenses - so please reach out to Legal Aid ASAP for assistance or directly contact an attorney to review the paperwork to make sure you do not have any legal defenses. Many consumer bankruptcy attorneys offer free consultations and can review the paperwork you were served with to explain all of your options. Whether the case is in North Carolina or Virginia, you do not get put in jail if you do not go to court. If you do not show up to plead your defenses, they are lost and a judgment will be entered against you. If the lawsuit is in North Carolina District (not Small Claims) or Superior Court, you do not go to court in person on a specific date to respond - a written answer must be filed within 30 days after you were served. I'm not licensed in Virginia so I cannot advise about their procedures.

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