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  1. #1
    Join Date
    Oct 2005
    Location
    Texas
    Posts
    42

    Default What to Do if Sued in Small Claims Court

    I am all new at this but here we go.
    I owed this guy about $400.00. I never paid him. This was a personal loan or what have you. Anyways so months pass by and I get served. And the form says I owe $1600 for court fees, etc. I know if I don't show up to the small claims court I get a default judgement. What does this mean. Can they garnish my wages and they freeze my bank account. What steps are taken. Is there anyway to settle this outside of the court house?

  2. #2
    Join Date
    Jul 2006
    Location
    Northern California
    Posts
    252

    Default Re: Small Claims Court

    Quote Quoting screwedforever
    View Post
    I am all new at this but here we go.
    I owed this guy about $400.00. I never paid him. This was a personal loan or what have you. Anyways so months pass by and I get served. And the form says I owe $1600 for court fees, etc. I know if I don't show up to the small claims court I get a default judgement. What does this mean. Can they garnish my wages and they freeze my bank account. What steps are taken. Is there anyway to settle this outside of the court house?

    First you said, "I owed this guy" and then, later on, you said, "Can they garnish . . . " Which is it?

    Then, tell us the type of debt and what it was about. Then, tell us if it was written. Then, tell us exactly what the extra $1,200.00 is for from the Complaint. Then, tell us when you borrowed this money, and then tell us the date when the Complaint was filed.

    There's always "ways" to settle a claim. But, we need to know the answers to the above questions.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,626

    Default Re: Small Claims Court

    Go to the small claims court hearing and present your evidence and case. I can't be more specific as, for reasons previously suggested, you haven't given any information upon which more specific information can be provided.

  4. #4
    Join Date
    Oct 2005
    Location
    Texas
    Posts
    42

    Default Re: Small Claims Court

    Sorry...I owe this guy $400 dollars. I get a supeona for the amount of $1600. This is for the $400 plus court cost and other fees. I don't plan to show because I don't want to. But my question is I know there will be a default judgement placed on me. What happens after the judgement is done? I'm in Texas. I was wondering does this go on my credit. What happens?

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,626

    Default Re: Small Claims Court

    If you don't appear, you can expect that the plaintiff will be granted a judgment for the full amount he claims. It can be very difficult to set aside a default judgment, particularly when your excuse to the court is "I didn't feel like defending myself earlier". And yes, you can expect an unsatisfied judgment to appear on your credit report, with a significant negative effect on your credit score.

  6. #6
    Join Date
    Oct 2005
    Location
    Texas
    Posts
    42

    Default Re: Small Claims Court

    Quote Quoting aaron
    View Post
    If you don't appear, you can expect that the plaintiff will be granted a judgment for the full amount he claims. It can be very difficult to set aside a default judgment, particularly when your excuse to the court is "I didn't feel like defending myself earlier". And yes, you can expect an unsatisfied judgment to appear on your credit report, with a significant negative effect on your credit score.

    So it's that the only that happens is a judgement on my credit report?

  7. #7
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,626

    Default Re: Small Claims Court

    The judgment creditor will try to collect the money. (You didn't realize that?)

  8. #8
    Join Date
    Oct 2005
    Location
    Texas
    Posts
    42

    Default Re: Small Claims Court

    Quote Quoting aaron
    View Post
    The judgment creditor will try to collect the money. (You didn't realize that?)
    No I didn't this is all new to me. So basically he will try to collect like any other collector?

  9. #9
    Join Date
    Oct 2005
    Location
    Texas
    Posts
    42

    Default Re: Small Claims Court

    Ok a judgement was placed on my credit. What happens now? I live in Texas...how will they collect on this? Will the judgement just sit on my credit until it's paid...or will these people make an attempt to collect by any means?

  10. #10
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    73,155

    Default Re: Small Claims Court

    The creditor can be expected to try to collect by any lawful means, including garnishment of bank accounts. It's possible that they will sell the debt to a junk debt buyer, or have a collection agency hound you.

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