While being summoned to court over a debt can be a scary experience, it's important that you do appear before a judge. By doing this, you show the court and your creditor that you take your debt seriously and want to get the matter resolved. If possible, at least speak to a lawyer before going to court, and make sure that you gather together any evidence that may help your case.
Seek Legal Counsel
If you receive a summons to court, it is a good idea to talk to a lawyer, even if you can't afford full representation. A lawyer can help you to understand your rights and prepare you for what you might encounter in court. Contact legal aid services in your area to see if you can talk to one of their lawyers about your situation.
Organize Your Documentation
If you believe that you do not owe what your credit card company says you owe, and you have not been able to resolve the matter with your credit card company, be prepared to explain this to a judge. Bring with you the paperwork that can back up your claim. For example, if you have canceled checks and bank statements that show that you made your payments, bring those to court.
Protecting Your Assets
If you are concerned that your credit card company will win its judgment against you and will then freeze and garnish your bank accounts, take steps to protect your assets now. If you currently receive your salary or other funds via direct deposit, stop the direct deposit and ask to receive your money by paper check. Some assets, such as unemployment checks and Social Security payments, are exempt from garnishment, but it is your responsibility to protect them. You can do this by opening a bank account into which you deposit exempt funds. If your creditor attempts to garnish this money, you can notify the creditor, the court, and your bank that these funds cannot be garnished.
Your Day In Court
Be sure to dress appropriately for court. You should wear the kind of clothing appropriate to a business meeting or job interview. Make sure you get to the courthouse early. Many courthouses now require everyone who enters to undergo a security screening, and you don't want to be late to your hearing because you got caught in a long line. If you are representing yourself in court, it's a good idea to get to court extra early, or even visit the court before your hearing, so that you can see other cases and know what to expect.
0 comments:
Post a Comment