Re: Court date coming up. What happens if I don't appear?

Posted by Keyser Soze (152.163.253.37) on June 19, 2003 at 21:42:46:

In Reply to: Court date coming up. What happens if I don't appear? posted by Up to my ears in debt on June 19, 2003 at 21:27:31:

If you don't show for the pre-trial it's entirely probably you'll end up having a default judgement entered against you. Therefore, you will show up. If this is a pre-trial, you might wish to hold off on any written settlement proposals. These generally are discussed at the pre-trial. However, at the pre-trial the first step usually taken by the creditor is to get you to admit indebtedness, for the reason that sometimes it's easier if you do that rather then them having to go and track down the paperwork, which might, might, not be there.
At the pre-trial, if this is a conference in a closed room without the judge present, you really want to admit to nothing. Say little, nothing in writing, let them provide their own answers.
Let them show you what they have in their evidence locker. If it looks like they have you, then perhaps indeed discuss, not write down, discuss a proposal for settlement, provided of course that they can prove ownership and validity of the debt. Again, this is their party, they invited you, it's only polite for them to bring along their own evidence banquet and now impose upon you.
Remember, the court wants all parties to settle before trial, not just you. Court time is expensive and judges many a time aren't all that keen on some out of state collection lawyer sashaying into their court pushing around the locals, some of whom might have voted for his honor.
You will not worry about jail for no-show because you will show. If you don't show for trial or a debtor's examination then perhaps you might have a contempt and jail citation enforced against you, but again, better to show.
Remember also, these collection lawyer pig plops live in hope that suits go unanswered, that if you answer you don't show, that if you do show you admit to all they ask you to admit to, rather than turn the questions back to them.
In other words, the more legal resistance you offer through exercise of your rights, the more likely these scabies are to move their bloated carcasses along to their next available target.
Show them that messing with you is expensive, time consuming, and perhaps fraught with legal troubles, for them.

Lovingly,

Keyser Soze

Follow Ups:

Post a Followup