Lawyers.com > Discuss Your Legal Issue > Ask a Lawyer > Debtor and Creditor > What happens if i do not go to court over a creditor summoning me for debt

What happens if i do not go to court over a creditor summoning me for debt

1 Answers. Asked on Aug 04th, 2017 on Debtor and Creditor - Virginia
More details to this question:
I received a summons to go to court says I do not have to appear but can for Aug 11 it's for a loan thru mariner finance I was going thru clear one advantage to try to help me with a lot of creditors and I got sued over mariner in process what happens if i do not go to court over this I do not deny owing money clear one has a settlement with them but for some reason it's went from 3300.00 to 5300.00 what should I do
Answers Showing 1 out of 1
Answered on Aug 08th, 2017 at 1:25 AM

Any time you receive a summons to go to court and you do not show up, the court will rule in favor of the other side.  This means that if you do not show up, the court will enter a judgement for mariner in the amount of $5300.00 (plus possibly other charges as well).  If you do not dispute that you owe them money, but you do not think the amount is correct, you can show up in court and tell the judge that you dispute the amount.  The Judge will then order the case to come to trial where each side presents their arguments as to why they are right.  The Judge will probably also order something called 'pleadings' which means that the plaintiff (in this case Mariner) needs to send you something called a 'Bill of Particulars' which details exactly why they think you owe the money and why the amount is correct.  After you receive the Bill of Particulars, you will have a few days to respond with a written 'Grounds of Defense' which details exactly why you believe that Mariner is incorrect.  These pleadings give the court, and the other side, a look at the evidence that will be presented at trial, and you are not able to bring up other arguments at the trial that were not included in the pleadings.  That means that if you do not submit your Grounds of Defense on time, you may be left at trial with the Judge not allowing you to make any arguments at all.  It might be worthwhile for you to speak to an attorney in your area about your options, which might also include filing for a bankruptcy either now or after a judgement has been ordered.  Again, your attorney will know more about your specific situation and can assist you.

Report Abuse
Debtor and Creditor
Just because you owe money to another person, a bank, credit card company, landlord or another party doesn't mean you've signed away your legal rights. Federal and state debtor-creditor laws explain both the legal rights and obligations of debtors (people who owe money) and creditors (those who are owed money). If you're being hounded by collection agencies and debt collectors, talk to a debtor and creditor attorney who can help you enforce your legal rights while also working to explore debt relief options. Your lawyer can discuss the pros and cons of debt settlement, garnishment, personal bankruptcy and other possible solutions.
Have an Debtor and Creditor Question?
It’s Free & Easy.
Ask a Lawyer
Top Contributing Lawyers
Mark Tischhauser, Esq.

Attorney - Florida

356 Answers, 20 Legal Topics

Patrick Johnson

Attorney - Tennessee

242 Answers, 47 Legal Topics

Michael D. Siegel

Attorney - New York

179 Answers, 25 Legal Topics

Anthony John Van Zwaren, Esq.

Attorney - New Jersey

115 Answers, 18 Legal Topics

Michael E. Fiffik

Attorney - Pennsylvania

81 Answers, 17 Legal Topics

Lori Nevias

Attorney - New York

80 Answers, 31 Legal Topics

Bruce Robins

Attorney - New York

71 Answers, 8 Legal Topics

Have a legal question?
Get answers from local attorneys.
It's free and easy.
Ask a Lawyer
Do It Yourself Legal Forms
Go

Popular Forums