A Few Questions

[lrprn]

See my suggestions about what to do with your bank account above where you asked the same question. And, munch, please don't post the same questions in two different places in the same thread. That makes it very hard for our members to know what other members have already suggested to you. That makes it less likely that you will get the answers you want.

Since your court hearing is from a credit card lender, your car has nothing to do with this court appearance. Unless you are more than two months behind on your car payment, your car is not going to be repo'ed. Are you more than two months behind on your car payment?

[JRScott]

I've been doing some research.

http://www.courts.state.va.us/pamphlets/small_claims.html

That tells you the process of the warrant.

Now it states in there that if the warrant is served by posting that the plaintiff has to certify that he mailed through first class mail the same warrant at least 10 days prior to the event. From what you have read they have said they sent it, but thus far you have not received it. Now I'm not sure if it got lost in the mail or if they are lying about sending it.

The problem is they are certifying they did it. Now its up to the Judge to decide if they actually did or if he believes them. However I'm figuring that if you do not show they will most likely enter a default judgement against you. If for some reason the Judge decides to continue the case, if he believes you were not adequately informed he can continue the case to another time. (This is most often done to make sure the 10 day period has elapsed).

All is not lost even if they enter a default judgement against you.

Assuming the amount is more than 50 dollars you have the right to appeal the judgement in circuit court. Now really speaking I'm not sure you should do that. However it is an option, an appeal must be made within 10 days. The judge will set the appeal bond.

Now this is the important part

"The judgment of the court is, in itself, nothing but an official statement in the court's records that the defendant, now also called the judgment debtor, owes the plaintiff, the judgment creditor, a certain amount of money with interest. The judgment must be enforced out of the assets of the defendant.

To enforce the collection of the judgment, the judgment creditor may contact the general district court clerk's office for additional information on court procedures to collect the judgment, including:

* Using a Summons to Answer Interrogatories for getting information about the defendant and his assets in order to use court collection procedures.
* Obtaining an Abstract of Judgment to take to circuit court for recording as a lien against real estate.
* Obtaining a Writ of Fieri Facias to have the judgment debtor's personal property sold at public auction to pay the judgment.
* Obtaining a Garnishment Summons to secure payment from the judgment debtor's bank account or earnings."

So really in effect the judgement in itself will do nothing.

Here's some info on the next stage

http://www.courts.state.va.us/faq/collection.html

Now since you've only been handed the Warrant in Debt, they'd need to start up another process to get the rest out of you. Now I'm not entirely sure but lets assume that the judge enters a default judgement on July 11th, you are eligible to appeal that judgement until July 21st. Which I believe, but I'm not a lawyer, that they couldn't start the next step until that date had passed. Even then the court's require you to write back and file with the clerk concerning your assets and I"m assuming they'd give a reasonable amount of time (usually 30 days in legal terms) to fill out the paperwork and return it. As such I don't believe they could actually take anything from you in 2 weeks time.

Now what I would strongly suggest is call up the bankruptcy lawyer that you said you spoke to and planned to hire and let him know about this event. Tell him you did not receive the mailed copy even though they certify they mailed it and that it was posted on your door by the sheriff/police. He will know a lot better than I do how it will proceed. He probably wouldn't represent you in the civil summons, but he might be able to advise you sufficiently to calm down your worrying