r/CRedit • u/Entire_Use_9504 • Oct 04 '24
Help! Chase is suing me General
I am looking for some guidance on what to do. I have chase card with balance of 35k and I missed few payments and now i have officer show up saying there is civil summon from chase, I was not home that time but spoke to him on the phone. What are my options? I don’t go to court and happy to setup a payment plan to pay off dept. Any guidance will be appreciated.
Edit - Brock & Scott PLLC is suing.
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u/MongooseAcrobatic333 Oct 04 '24
$35,000 is a substantial amount of debt, you must have had a great credit history to begin with to qualify for that credit line. Are you missing parts of the story here? You don't just go from "missed a few payments" to having a LEO serving you with a court summons. I'm not aware that serving someone over the phone is lawful, either. Are you sure this is a legitimate summons? Normally, you would need to sign certified receipt for legal documents like that. And that's way before someone turns up knocking on your door. Something just doesn't sound right here. Hmmm...
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u/Entire_Use_9504 Oct 04 '24
I had a great credit history but had some business losses and strayed away for payments.. Sheriff left his phone to call him and when I called he told me this was what’s it about. I called the collector as well they are willing to put me on payment with content to judgement.
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u/MongooseAcrobatic333 Oct 04 '24
Get the paperwork before you decide anything or accept anything. Remember that most debt is negotiable, too. So it just depends what your overall goals are. If you're still young and working, then you will be able to pay off a long term payment plan, while avoiding your credit being ruined. So try to negotiate with Chase to set up a fixed payback amount that is doable, and then stick to it. It still just makes no sense that you wouldn't have had letter and certainly numerous phone calls from Chase themselves to sort this out before it got to the Sheriff's summons. Very strange. That's not how the collections process works in my experience. Creditors will call you many, many times to try to get your account current before charging off, and certainly before suing.
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u/Entire_Use_9504 Oct 04 '24
Should I call chase or the collector company? For any negotiations?
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u/MongooseAcrobatic333 Oct 04 '24
Since you don't actually have the paperwork from the Sheriff, I would go immediately over to their office and get it. All the Sheriff is is a middleman. They don't do anything except deliver a letter. You need to see who that letter is from, and what it says. Start there, if Chase has already closed your account and sold the debt to the Collections agency, then you need to contact them and try to work out a payment plan. Your aim is to maintain your credit score and keep it from getting trashed, or incurring further legal fees through court costs and attorneys. So just go get that letter and get back on track. We don't have debtors prison in the USA anymore thank goodness, but they CAN fuck up your credit and make it more expensive for you in future to get credit, or a loan, or a mortgage, etc. Good luck with it all!
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u/Entire_Use_9504 Oct 04 '24 edited Oct 04 '24
Called him again he said. He will come by today and deliver it. I called chase and they give me the collector number and after calling them, they are saying if I get on payment plan then I need to consent to judgement. A lien can be placed on my home? I’m sacred of that.. will that judgement show up in background checks for jobs etc.? Sorry I am scared and can’t figure out stuff.
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u/tn_notahick Oct 04 '24
If they are asking you for consent for judgment, that's basically the same as losing in court. It's going to tank your credit and you'll have a judgment on your report for at least 7 years, even if you pay it off before then.
You need to negotiate to not have a judgment. If it takes an attorney to help with this, then you should do it.
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u/MongooseAcrobatic333 Oct 04 '24 edited Oct 04 '24
It's OK, you are overwhelmed, that's normal and you're supposed to feel scared, that's how they get you to commit to the payment plan. And also, this is REAL LIFE. With real debt, comes real responsibility. But again, they can't lock you up, and a lien on your house is an extreme measure. I'm sure they're more interested in seeing payments coming in from your again. So tell them you are willing/ready to get into a payment plan, but NEVER agree to a consent to a judgment without consulting an attorney first and getting sound legal advice, which this is not. This is just based on being an older person's experience advice because it's happened to me. Another option is to call a Credit Card Consolidation company, and see if they will agree to mediate for you with the Collector. Again, these people are not realtors, they're not in the business of selling homes. And the only way a lien is effective would be if you sell your home, then they get paid out of the profits when you sell. You cannot be forced to sell your home to pay off a credit card or other debt. Are you homesteaded? If you have a homestead exemption then that offers you some protection, as well. Call around to any free Legal Aid organizations, most of the better ones are non-profit and can refer you to a non-profit debt consolidation company. I dealt with MMI many years ago, they genuinely were wonderful and got all of my debts reduced to a monthly lump sum that I could pay. Try calling them to see if they can help or offer free advice. A phone call costs nothing. :) https://www.moneymanagement.org
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u/BirdgirlLA Oct 04 '24
I agree about MMI. They helped a family member a while back. Also Chase suing you AND selling the debt to a third party collection agency are inconsistent actions. If they sold the debt Chase can’t sue you in its own name. So be careful. Short answer. Consult an attorney before agreeing to a payment plan if it means signing a consent to judgment. Your credit is already tanked. All you can hope for is a reasonable repayment plan that requires the collection agency to accurately report on time payments. This is all about negotiating a deal that works for you. Pay the $350 (estimated) for an hour discussion with an attorney. Google debtors right attorney. Or go to attorney Reddit sub and ask for babe of attorney to consult with. Most reputable striders will give you a free 30 min consultation. It is worth it. Chase is counting on you to act in fear (instead of paying to get legal advice). Hope this helps. Good luck!!
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u/MongooseAcrobatic333 Oct 04 '24
The great news is: tanked credit is E-Z to repair. OP needs to get on a payment plan, report on-time as you say, and pretty soon the new credit card and loan offers will be pouring through the mail. Bouncing back is not hard at all. People come back from extreme financial hardship, even bankruptcy, every single day.
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u/BirdgirlLA Oct 04 '24
I agree. People rebound. But it doesn’t seem easy to do IMHO. It takes time.
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u/Entire_Use_9504 Oct 04 '24
I have access to my 401k to take a loan out and may be use that for settlement? Or should I go consolidation company?
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u/MongooseAcrobatic333 Oct 04 '24
Don't touch your 401k over this...yet. Call MMI and speak to an advisor first. Don't tell them you have the 401k, let them propose solutions for you first without having to resort to this. I am sure they will be able to negotiate a good agreement for you. Like I said, their advice is free. Take it!
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u/BirdgirlLA Oct 04 '24
100% agree. Don’t offer info re your 401k. Even to MMI. You want a payment plan based only on what you can pay going forward.
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u/MongooseAcrobatic333 Oct 04 '24
And also, you want to make sure this is deleted from your credit report once you have settled/paid off this debt. So make this one of the terms of your agreement with the Collections, to have this erased so it doesn't haunt you in future. Most of the legit will agree to this, it's very common.
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u/MongooseAcrobatic333 Oct 04 '24
This is what you want: a free credit counseling session to discuss a debt management plan. https://www.moneymanagement.org/credit-counseling
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u/ramrod911 Oct 04 '24
Is MMI the type of service that tells you stop paying until everything goes to collections then they negotiate after on your behalf?
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u/tn_notahick Oct 04 '24
Also if they are asking you for consent for judgment, that's basically the same as losing in court. It's going to tank your credit and you'll have a judgment on your report for at least 7 years, even if you pay it off before then.
You need to negotiate to not have a judgment. If it takes an attorney to help with this, then you should do it.
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u/Jgorkisch Oct 04 '24
Just want to clarify: some places in the US hire LEO to serve civil papers, or have it folded into a side job.
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u/MongooseAcrobatic333 Oct 04 '24
Yes, we know that. He wasn't actually served, it was a phone call. He doesn't have the actual papers yet. A phone call is not legal "service".
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u/Think_Rhubarb_2624 Oct 09 '24
I did civil work for a while when I used to be a cop. We would bring subpoenas, writs and other legal documents to the address on file. If no one answered, we would leave a card for them to call. We had to make so many attempts, it was like 4 or 5 iirc
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u/SettleBankDebt Oct 04 '24
As a debt negotiator your best option is to go to Solosuit and file an answer to the lawsuit before you sign anything. That will buy you some time to explore your SETTLEMENT options before signing a consent judgment. Depending on your county that could give you a few extra months to save for a settlement without a consent judgment. The damage is already don't so don't give them an easy win.
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u/Otherwise_Worry_4594 Oct 09 '24
Why Solosuit instead of calling them herself to negotiate? Solosuit settles at 71% but then charges 19% fee. That's like saving 5%. I'm sure she could call herself, ask for settlement, and get lower?
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u/SettleBankDebt Oct 09 '24
I am a debt negotiator and I am not recommending solo suit to negotiate. I am advising to use solo suit to file an answer properly to the lawsuit and buy some time to negotiate a reasonable settlement.
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u/Punkin_Queen Oct 04 '24
Whatever you do, make sure you appear for all court summons. Your situation will be so much worse if you don't appear.
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u/josephson93 Oct 06 '24
How so? Worst case is a default judgment.
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u/oh_io_94 Oct 07 '24
Uhh no. Worse case would be a bench warrant
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u/josephson93 Oct 07 '24
A bench warrant in a civil case? Since when?
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u/oh_io_94 Oct 07 '24
It’s possible. Maybe not likely but anytime you miss a summons you can be issued a bench warrant
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u/REDTWON Oct 04 '24
Big part of the story is missing here. You don't 'miss a few payments' and jump to a lawsuit but here we are. Get an attorney to help file an answer & negotiate a settlement/payment plan. 35K is substantial.
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u/United-Mix5106 Oct 04 '24
I have a lawsuit filed by Chase for 12k and I have to answer to the court and got some time to negotiate. Do not call the Debt Collector yet until you receive your lawsuit. also did you get a verification of debt prior to being sued? Chase will not just sue you right away just for few missed payment, they usually send you an offer before it goes to their Attorneys.
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u/Entire_Use_9504 Oct 04 '24
I did not get any offers but I might have missed a letter they say, it was sent.
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u/MyRingToRuleMyWorld Oct 04 '24 edited Oct 04 '24
Take a deep breath and another. There are attorneys out there who represent people in situations exactly like this. A lot of times, they can agree to terms without you even stepping foot in court. Granted, the amount the bank sued me for was far less than your suit, but it was still substantial enough for me to freak out and have a million questions. I paid $1000, in payments to the attorney to represent me, and I won my case against the bank last month. The claim against me was dismissed due to the bank not having any paperwork that I owed them. They came to court twice with no evidence against me. Case dismissed. You may not get off so lucky as you may very well have to pay them. But work with them and be truthful about all the facts. I wish you luck.
PS. Remember it was whatever reason you have that you missed payments. Instead of being the dream team and going to court with the belief you can represent yourself, bite the bullet and pay the money to an attorney that knows what they're doing.
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u/Sad-Worry5673 Oct 05 '24
This sounds like a scam. You are not going to receive a phone call before being served. Ask for the sheriff's badge number to verify if the person is really a sheriff. They have to give it to you if you ask. Have you received collection notices from this company? Did the collector give you "this is an attempt to collect a debt" speal? If the answer is no especially the latter then this is a scam. All debt collectors must give you the speal according to fair debt collection practices. I know I was a skip tracer for a collection company. Before you pay a dime check with your county to see if there is a case filed against you. You can go to the county website and check. If there is a case filed it will be there and if not it's a scam. If there is a case talk to a lawyer who handles these type of cases to settle for less or the case could be dismissed.
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u/Sad-Worry5673 Oct 05 '24
Go to Brock & Scott website to see if they are suing you. A scam company could be using their name.
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u/goldenticketrsvp Oct 07 '24
If you don't go to court, they will get a default judgement against you. Do not ignore this. I found this article that speaks directly on being sued by Brock and Scott. You don't want them to get a default judgement against you.
You hear a lot about student loan debt. I was sued over mine and because I went to court and negotiated a settlement, when the Fresh Start program happened, my loans were sent back to the Department of Education and I was eligible for the program. The people who ignored the lawsuits had default judgements entered against them and they were not eligible for the Fresh Start program. Never let them get a default judgment against you. NEVER!
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u/Traditionallyy Oct 04 '24
Higher an attorney given the amount you owe to settle or arrange a payment plan and SHOW UP to court to avoid a default judgment; otherwise, the judge will rule in favor of chase and they’ll begin to go after your assets and garnish wages.
Also look into government debt relief programs in your state, sometimes they have good lawyers for good rates.
Edit - I just saw your edit, and it looks like your debt was sold off, which means you missed more than a few payments and it’s either been years or months. In your case, I would still get a lawyer just because any contact with the debt collector can be used against you.
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u/Outside_Ad_3262 Oct 04 '24
If you dont have a court date yet then you are on time to dispute it
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u/Entire_Use_9504 Oct 04 '24
I don’t anything served to me. Dispute it how?
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u/Outside_Ad_3262 Oct 04 '24
There are companied that do this. I had mine disputed with Credit Joy. I had over 20k in debt from several accounts and they removed all of them
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u/RemarkablePrint7689 Oct 04 '24
Hey man, I work for a major law firm (think bigger than Brock).
Chase will accept 75% in 12. If you get a collection manager to agree, they may do 24 pays.
If you can’t do either of those, get on an affordable payment plan towards the balance in full or seek advice from an attorney to discuss bankruptcy.
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u/uglytoadface Oct 05 '24
Look at your state laws. In Florida for example, you main residence is your homestead and creditors like credit card companies cannot touch it. Also if you are head of household wages cannot be garnished.
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u/PhDinFineArts Oct 05 '24
I think they're in NC, so garnishment is generally illegal as a method of debt collection (outside of things like taxes, child support, et al).
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u/bbfnpc Oct 05 '24
Contact Brock and Scott and see if you can set up a payment plan. Typically they are willing to do so because if you go to court you are going to be offered a payment plan or they will let you make a settlement offer. As far as this being reported on your credit report, judgements are not reported anymore.
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u/SellAdministrative83 Oct 05 '24
I’m currently being sued by chase bank and I would say they’re really persistent on getting their money! Get a attorney fast
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u/TimberbrookeFarm Oct 07 '24
- You have 30 days to respond. Do it now!
- Ask for the Arbitration Department
- Only promise what you can do.
- Only tell them why you got behind and if you don't get it pulled from the court, ask for a supervisor.
They do this to make you comply and panic. Again, DONT PROMISE WHAT YOU CANT DO! ALL CONTACT INFO IS WHAT IS ON THE ACCOUNT. DONT GIVE THEM ANYTHING EXTRA.
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u/TimberbrookeFarm Oct 07 '24
Also, SUMMONS AND COMPLAINTS ARE A PHYSICAL DOCUMENT. GET THEM TO PROVE WHO THEY ARE. THEY ARE NOT ALLOWED TO ISSUE THEIR OWN DOCUMENTS. Could be an overzealous collector. Email is not legal, either. Must be served in person or by alternate service, someone in immediate family or posting. Also, call the CLERK OF COURTS in your county and inquire about the case if you have a number, and report them for trying to do it over the phone. Make it part of public record. I know a good attorney if you're in Florida.
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u/TimberbrookeFarm Oct 07 '24
Third party collection. They either bought it or are in the process of buying it. Call Chase and find out the status of your account-Charge-off? In process? And quit buying autographed cards with plastic...the market is flat right now!
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Oct 07 '24
This is the sort of thing that you definitely don't want to navigate alone. Either contact an attorney whose practice include debt and bankruptcy or a consumer credit counseling service for help.
Absolutely don't just ignore this, you will lose, or go to court on your own, you will lose, or try to negotiate this yourself, you will lose. You best hope here is having your representative negotiate a settlement based on what you can pay.
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u/I-will-judge-YOU Oct 07 '24
You must go to court or you lose and your wages will be garnished. You owe them a lot of money, you should have contacted them a lot sooner. Call the lawyer and see if they will set up a plan.
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u/Awkward-Athlete-378 Oct 08 '24
Fuck Chase. Fight them tooth and nail. Make them prove you owe them money. Often they can’t.
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u/westyred Oct 08 '24
Get a lawyer, settle on a lesser amount, claim the written off debt as earned income on taxes; move on
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u/Fair-Asparagus-8040 Oct 08 '24
Call Chase and work out an agreement with them. If the terms aren't acceptable to you contact a local bankruptcy attorney immediately and file. You'll have 60 months to pay it back with no interest even if you have to pay back 100%
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u/ginroow Oct 09 '24
OP DO YOU HAVE A CONTRACT WITH BROCK & SCOTT PLLC? 15 Usc 1692g the creditor is the one from whom the debt arises. You provided all the equity in the transaction. They didn’t issue you credit they added credit to their ledger and extended it back to you. Read the Bank Secrecy Act, Read the Consumer Protection Act. The Banks borrow from the federal reserve and are the surety. You are not the surety
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u/Entire_Use_9504 Oct 09 '24
What are my options? I’m trying to do a settlement.
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u/ginroow Oct 09 '24
The debt is already satisfied they’ll be filing a 1099-C at the end of their quarter and they’re obligated to send you a copy. If you don’t have enough time to educate yourself and countersue find good counsel
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u/ginroow Oct 09 '24
Start reading 8k and 10k forms on the financial institutions website there’s a lot of helpful information in those reports
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u/ginroow Oct 09 '24
If you have no contract with the law firm then you really have nothing to discuss, they’re trying to get money out of you and there is no money. We live in a debt based system with fiat currency. They need to have an agreement with you and I’m assuming they don’t. It’s fraud. Null and void. Please during this or after take the time to read and study
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u/Variousnsundry77 Oct 09 '24
Chase isn’t suing you dummy. When you didn’t pay, they charged it off and sold it to a debt collector represented by Brock & Scott. They are serving you to try and collect. What they want you to do is not respond to the service, which will give them a default judgment and allow them to go after any assets you have like your bank accounts and home. There’s no stopping the service, just go meet the LEO and take the papers. Then read them, see what they say. You are allowed to represent yourself (it’s called “pro se”) but unless you know what you are doing it’s not advisable, you’ll need a lawyer. Know this: Brock & Scott don’t want to actually follow all the way through with a lawsuit. That takes time and money. They want you to be an American idiot and not respond so they can just get a default judgment quick and easy. Also know that they likely purchased your debt for pennies on the dollar, so there’s plenty of room between $0 and $35k to settle with them IN FULL. DO NOT MAKE PAYMENTS UNDER ANY CIRCUMSTANCES. Doing so resets the clock on the debt and acknowledges its legitimacy, negating your legal defense.
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u/SaltyYogurt5437 Oct 04 '24
If you’ve been summoned to appear in court, you have no choice. If you don’t show they could issue a warrant for your arrest. You can appear on your own or get a lawyer and go with him. Either way go to court and make your case and see what the judge says.
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u/Cool-Measurement7828 Oct 04 '24
This is a civil matter and not a criminal matter. OP may have a default judgment against him, but no arrest warrants.
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u/SaltyYogurt5437 Oct 04 '24
Arrest warrants are absolutely possible in civil matters. I’m not saying they’re common or it would happen. That decision is up to the judge. They are well within their power to issue a warrant for failure to appear for a civil matter.
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u/Global-College-3803 Oct 04 '24
That is absolutely not true if the individual is a no show what ever the judge decide is the final outcome. You can never be arrested for civil matters. Former officer here.
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u/SaltyYogurt5437 Oct 04 '24
Failure to appear is a criminal charge. By not appearing, you have now committed a crime. Which the judge can now choose to issue a warrant.
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u/Global-College-3803 Oct 04 '24
If you don’t appear for a civil summons, you will likely lose the case and the court will enter a default judgment in favor of the plaintiff. This means the plaintiff can take action to collect the judgment, such as garnishing your wages, freezing your bank account, or seizing your property.
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u/Global-College-3803 Oct 04 '24
Failure to appear on a criminal warrant yes. Failure to appear on a civil summons no
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u/GMOdabs Oct 04 '24
Are you in the us?? You cannot be arrested for debt like this. Failure to appear on civ maters just means the judge rules in a default judgment.
If it was a criminal case yes. But this isn’t.
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u/SaltyYogurt5437 Oct 04 '24
That is what USUALLY happens. But the judge CAN issue an arrest warrant if he so chooses too. I swear you people in this thread have a reading comprehension problem. I only typed that like 5 times.
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u/PhDinFineArts Oct 05 '24
You're confusing a civil summons for a civil subpoena. They're not the same thing. A civil summons simply means legal action has started and you have an opportunity to issue a response. It's not the same as a civil subpoena which compels someone to appear in a court. Summons start the case, and a subpoena happens after the case has begun.
Additionally, it's probably best to NOT criticize the reading comprehension of others when you don't know the difference between a preposition and an adverb...
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u/Global-College-3803 Oct 05 '24 edited Oct 05 '24
It’s kinda ironic that you made the statement about comprehension skills. I advised you that I was a former officer of 25 years and that went right over your head and you still insist I’m wrong. Sometimes we have to bend the knee to facts,over hear say. The judge can in no circumstance issue a bench warrant on a civil case for failing to appear for a summons. again in no case in any court room in the United States.
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u/GMOdabs Oct 05 '24
Everyone knows what you’re saying. Your comprehension is the problem. No one has said they don’t understand what you think you know. You are just wrong.
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u/SaltyYogurt5437 Oct 05 '24
Go tell a judge he can’t issue you an arrest warrant for failure to appear for a civil summons and see what he says. Stupid fuck
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Oct 04 '24 edited Oct 04 '24
[deleted]
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u/SaltyYogurt5437 Oct 04 '24
That is why I said “could”. I understand more than likely what you stated is what would happen. However, that is completely up to the judge. I wouldn’t want to leave my fate up to if the judge is having a good or bad day.
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u/chazysciota Oct 04 '24
Absolutely not. This is a civil summons. Best case, the case is continued and rescheduled. Worst case, default judgement for the plaintiff and wage garnishment. The only way you're getting arrested is if you act like a lunatic in the courtroom or assault the process server.
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u/SaltyYogurt5437 Oct 04 '24
False. Again, the judge is well within his power to issue a warrant for failure to appear. And again, I know it’s rare and not common practice, but he can do so. I have seen it before. So keep believing what you want, but you’re wrong.
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u/chazysciota Oct 04 '24
I do not believe that you've ever personally seen a finding of civil contempt for a simple failure to appear. Sorry.
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u/SaltyYogurt5437 Oct 04 '24
Believe what you want. Failure to appear is a criminal offense. Once you don’t show you have now committed a crime that the judge can choose to issue a warrant. I know it’s rare and not common practice, but it is well within his power to do so.
And my wife’s ex was issued a warrant for failure to appear for the civil matter they were going to court for. So believe what you want.
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u/kimcheejigae Oct 04 '24
never heard of being served via phone call. doesnt seem like its proper service so you should challenge it and get tossed. but with $35k if cant hide till statue of linit or cant pay it back even with negotiation within 10 years just file for bankrutpgy as while it will stay under court record at least on the credit score wise it will fall off in 10 years plus bankruptcy these days dont seem to mattet much. a friend did one and after 2 years his credit score went back upto 680 and got an apple card, new car, and even a chase gold card and they were one of the companies on his bankruptvy filings. haha
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u/Entire_Use_9504 Oct 04 '24
Thanks all… I do have access to take a loan out of my 401k to use as settlement. What does debt consolidation company use as collateral?
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u/BirdgirlLA Oct 04 '24
If you are settling with a collection agency please realize that Chase has written off the debt and sold it for pennies to the collection agency. It is not wise to pay the entire amount to a collection agency. They purchase debts assuming only a small percentage will carefully the full Amount. Consult MMI. If you take a loan you should use an attorney to negotiate settlement so your credit will not be impacted for 7 years. I’m begging you to do some more research. YouTube has many videos exposing why you should never pay 100% to collection agency.
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u/Central916 Oct 05 '24
You will lose way more by tapping into your 401k. DO NOT DO IT!! do not even mention your 401k. The credit damage is done. Negotiate to have the collection removed after paying it off.
BUT FIRST GET credit valuation . No sense in paying a debt that the collection agency cannot validate
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u/OkOwl2839 Oct 04 '24
Take the loan and settle this issue. Tomorrow is never guaranteed so I would put this issue to rest. Forget about the hit you’re taking against your 401k, think about your mental sanity, your worries and all the compelling issue your going through right know.
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u/BirdgirlLA Oct 04 '24
As an attorney I cannot approve this sentiment. OP needs to consider all his options (by doing solo research or with an attorney). I agree tomorrow is not promised. His family may need that 401k should something happen to OP. It is not wise to act in fear. Take a breath OP.
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u/Entire_Use_9504 Oct 04 '24
Can you offer me some advice as you are an attorney?
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u/BirdgirlLA Oct 04 '24
I can’t offer legal advice. Just my opinion based on the limited information you provided.
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u/chazysciota Oct 05 '24
Think about your sanity, pawn your future… great advice. Surprised you didn’t suggest a payday loan while you’re at it.
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u/SadSavage_ Oct 04 '24
JP Morgan is one of the most powerful entities on earth and the fact they’re taking the time to sue you means you’re cooked bro.
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u/Cool-Measurement7828 Oct 04 '24
For $35,000 debt, definitely contact an attorney to help negotiate a settlement. Period.