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Do I have to appear before the court if a creditor sue me

When a lender discovers that you have not paid a debt, you may not get you money or assets do not follow the correct process. That is, unless you try and sue you owe. If you demand a creditor, the court will schedule an initial hearing in which you and the creditor is supposed to appear before a judge so you can determine if the case warrants. You must appear before the hearing, although the court did not oblige.

Judgment blackberry

If the creditor does not appear in court, the judge usually drops charges against a person by the incompetence of the creditor to sustain you. However, if you who no-show, no charges are dropped. By contrast, an inquest or hearing in which the creditor has the opportunity to present his evidence but you do not find this to defend yourself against the charges is scheduled.

If the judge who hears the hearing convinces with well-founded claims of creditor support and proclaims a judgment against you and the creditor wins the case. A false belief is that absence makes you automatically lose, because the creditor must prove that you owe before the judge makes a decision.

Consequences of failure to appear

When no-show in court and the creditor presents sufficient evidence to judge you, you must pay what you owe the creditor (probably also hearing costs) or face contempt of court. The creditor usually follows a motion for a writ of execution by following the trial, which is a formal document issued giving the court authority, such as the local sheriff, to take your assets and your property to pay off the debt.

One option is to ask the creditor retention of your salary. You can also order the sheriff to take possession of your personal property value for the creditor to sell and settle the account. Many states allow some exceptions for issues such as debt protection instead of housing for a specific amount of money. In most cases, these measures prevent the judges to consider yourself in contempt as well; arrest for debts rarely performed, although it is possible.

Agreement

In some cases, you can file a complaint with the creditor few days before the date of filing in court. If this happens, the creditor fills a Notice of Understanding with the clerk of the court, which alerts the court that both parties resolved the situation and judicial monitoring is no longer necessary. The courts have no problem with these agreements and on the contrary, usually provide mediation services for the court do not address issues that can be solved in another area. If you solve the case before appearing, do not go to court.

Conclusion

You always have option to appear before the court when a creditor sues you. However, whether or not you justify compares is likely that the creditor wins the case, since you cannot defend. The consequences of failure are severe moratorium, so do not ignore the legal notices. If you want to appear but you have a legitimate reason for not doing so (e.g. you must be admitted to hospital for an extended period), respond aa the initial notice and request a new date. If you think you can pay off the debt before the date on which you must appear, mediation and a settlement can save you the courtroom.

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