What Happens if You Don't Answer a Summons

**janices** · 05-13-2010, 05:55 PM

California here, Does anyone know if you dont answer a summons for an old credit card debt, and you dont argue the lawsuit, what happens next? Your in default and they win the judgement, they garnish your wages? And does anyone know how much they can take from your wages? Can they take more than the lawsuit states? The reason I chose not to answer the summons, I really have no defense, i am not saying i dont owe it, has anyone here gone through this? I would appreciate if they have, you would share whats ahead for me.

**Dogmatique** · 05-13-2010, 05:59 PM

Generally speaking, they'll win the default judgment and obtain an order of garnishment.

They'll take up to 25% of your salary in California.

**janices** · 05-13-2010, 06:06 PM

Quoting Dogmatique

Generally speaking, they'll win the default judgment and obtain an order of garnishment.

They'll take up to 25% of your salary in California.

the 25% is that off gross amount or net? A is that a month? and by any chance do you know how long that takes? And how does that law suit look on a persons credit? I have a feeling this is not good. The amount is to low to file bankruptcy, you pay as much for than the debt.

**CourtClerk** · 05-13-2010, 06:31 PM

That's 25% of your gross, minus some mandatory deductions and it takes as long as it takes for them to file the appropriate paperwork. They can drain your bank account as well.

Judgments stay on your credit report for 10 years.

**janices** · 05-13-2010, 07:12 PM

I have examined all options, and there is no other option, if i file chapter 7 on this low debt, they can only protect 75% of my home. And my home is paid off, and its worth more. To file chapter 13 it cost more than the debt, any one have any other ideas? Loan on equity, thought of that to, I have searched all avenues. If anyone has another idea i welcome it. I have one week to answer the lawsuit. Running out of time

**Dogmatique** · 05-13-2010, 07:19 PM

Um....pay the debt?

Call the creditor and arrange a payment plan?

**janices** · 05-13-2010, 07:29 PM

I did that already, they said pay it and we will drop the lawsuit, they would make no payment arrangements, which I thought was strange. He told me just to pay it.