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  1. #1
    Join Date
    Feb 2011
    Posts
    16

    Default Is There a Point in Showing Up in Court and What is the Process

    My question involves collection proceedings in the State of: Nevada

    If a cc company or CA sues you for debt you owe, is there any point in going to court?
    There are several parts to this question:

    Assume: The debt is legal and you definitely owe the money.
    The CA or cc company sues you and you get a notice that you have been sued.

    1 - Is there any point in showing up to court? You will certainly lose the case as the debt is real and legal and has not passed the SOL. I have no defense. In this case, what is the point of showing up? Wouldn't the end result be the same as not showing up and getting a default judgment?

    2 - Once the CA wins the case and now has a judgment against you, what is the next step? Will there be another court meeting I must attend to show the court my assets? Is this meeting required? What happens if I do not show up to that meeting? Is that contempt of court and can I go to jail for that?

    3 - What is the exact procedure involved in this process of determining my assets? Does the court have the right to subpoena my past bank statements from any past bank accounts I may have had to see the activities in the past 1..2..3 years of a closed account?

    4 - Can the court order the processors (sheriff dept maybe) to physically come into my house and take inventory of my properties and take whatever they deem valuable?

  2. #2
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Is There a Point in Showing Up in Court What is the Process

    Kinda sounds like you don't care .... you should show up to court and see who you can reach an agreement with the other party

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Is There a Point in Showing Up in Court and What is the Process

    If you don't appear you will end up on the receiving end of a default judgment. That could include costs, assessments, penalties and attorney fees in addition to the balance owed. Blow off court and those amounts could end up being larger than might otherwise be the case, even if you have no factual or legal defenses to the underlying debt.

    A judgment creditor will attempt to collect the judgment using whatever legal means are available. That may include making you testify at a creditor's exam, or seeking garnishment of or execution against some of your assets.

    Your assets would be determined at a creditor's exam by having you answer questions, sometimes in writing, sometimes oral, sometimes both, about your assets. The creditor is also free to check public records, your credit report, or to have an investigator look into your assets. If you commit perjury you can potentially get in trouble for that.

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