A credit civil demand is another way to describe a summons and complaint for appearing in court for a debt lawsuit. A summons is the notification of a lawsuit and in some states requires a debtor to appear in court. The complaint is the actual lawsuit and details the allegations set for discussion during the court appearance. Failing to appear in court for a summons results in an automatic victory for the party filing suit, usually a debt collection agency.
Process
A summons and complaint are documents usually hand-delivered by a courier. Some states allow delivery by certified mail or allow couriers to simply leave the documents at the debtor's last known address. Delivery of the summons and complaint signals an official start of the lawsuit. Debt lawsuits are very serious. They are the most powerful weapon for a debt collector and can lead to bank and wage garnishment. Some people who lose debt lawsuits opt for bankruptcy to end garnishment.
Default Judgments
Judges in civil court cases have no choice but to grant default judgments when defendants fail to appear in court for a scheduled court hearing. It is not unusual for debtors stressed out about excessive debt to simply ignore court notices. The debtors may understand that the notices are important but feel they simply cannot handle more bad news about their debt situation. However, by failing to appear in court for a hearing the debtor forfeits all rights to contest the lawsuit. The New York Times reports that some people failing to respond to court notices don't realize the seriousness of their error until they they learn that that their bank accounts or wages are under garnishment.
Prevention
People facing court hearings should take action even before the court date. Showing up in court can also lead to a judgment if the debt is valid and the debt collector has documentation to prove it. Debtors should try to avoid appearing in court at all by resolving the case before the hearing. That usually means contacting the attorney for the debt collector and agreeing to a payment plan or settlement.
Advice
Debtors with a court appearance should also hire a reputable consumer affairs attorney. The attorney can advise the debtor about the process and also file legal motions to delay the proceedings for months. The time could give the debtor time to gather money for a settlement.
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