Can I be arrested if I don’t show up to court for a summons on credit card debt?

Asked on January 11, 2013 under Bankruptcy Law, New York


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No, debtor's prison is a thing of the past. The fact is that if you, as the defendent, do not show up for court,then your creditor (or collection agency), the plaintiff, will win a judgement by default. With such a judgement, your creditor can then seize your non-exempt personal property, lien your real property and garnish your wages. If you have some defense to your creditor's claim you really should show. Otherwise, see if you can work out a re-payment plan with them.

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