I am a defendant in a case that is scheduled for this month.

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I am a defendant in a case that is scheduled for this month.

What happens if I don’t show up?

Asked on January 7, 2013 under Bankruptcy Law, North Carolina

Answers:

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

Answered 8 years ago | Contributor

If you are a defendent in a collection action and fail to show up for your case, the court will issue the plaintiff a "default judgement". This means that it found for the plaintiff/creditor and they won the case. As a result you, as the debtor, will be subject to collection action. Your creditor can then take legal action against you to collect. This could be in the form of seizing personal property that you own (that is not exempt under state law), garnishing your wages, placing a lien against your home (if you are a homeowner), etc.

Bottom line, you may just want to try and work something out with them regarding repayment.


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