Q: Will missing court for credit card debt summons lead to arrest?
I received a court summons for a judgment against me for a credit card debt. This is the first summons I've received for this debt, and I haven't communicated with the creditor because I'm on short-term disability, transitioning to long-term, and can't afford to pay. I do not have any legal advice or assistance. If I don't appear in court, will the judge issue a warrant for my arrest?
A:
Disclaimers: I’m not your attorney and you’re not my client, the general advice provided below is gratuitous and may be incorrect because of the limitations inherent in responding to a question with very little information. Also, I am not a collections lawyer, so there may be law on point that I don’t know.
In my opinion, you should contact the creditor and inform them of your situation. You may need to do that through the attorney who filed the action to which the summons was attached. Do this before appearing at the hearing. It’s possible that there’s some law out there that could help you. If you do nothing, and if you were properly served, the court could enter judgment for the full amount against you. Either way, you may need to talk to a bankruptcy lawyer to understand your options. I would suggest you do that before the hearing, as well. I don’t practice in bankruptcy or collections, so this is just general advice offered to someone in need to take or leave as you see fit. Best of luck.
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