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  1. #1
    Join Date
    Oct 2005

    Default Contempt of Court over Bad Debts

    If my 74 year old Mother gets sued for a debt she owes but cannot pay it and gets sued, will she be in contempt of court if she doesn`t go to the hearing? Is that a jailable offense?

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Failure to Appear in Court

    If you fail to appear in court, you could be subject to a contempt order resulting in a bench warrant. And often people who are picked up on bench warrants on the night or on a weekend have to spend time in jail before they can be taken back before the court.

    Odds are, though, if this is a collection suit, the judge would issue a default for non-appearance. There might subsequently be a creditor's exam, which your mother could be supoenaed to attend, and failure to respect the subpoena could result in a bench warrant. But if she has assets that can be garnished or executed (seized and sold), and the creditor can identify them without a creditor's exam, that's probably what would happen.

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