What happens if you get sued by a CA, they win and you don't pay?

[debtmonster]

Why don't they simply change the laws making it so people simply can't sue for $5000 when you only owe $50? Why don't they require all kinds of paperwork with your signature right up front? Why don't they make it so everyone has to have their ducks in a row right from the very beginning and not play the games of a person contesting it and waiting the documentation to show up later? Why have they let all of this happen for such stupid ass lawsuits?!

[Willy13]

I'd like to see if someone sues and lose, they pay all costs automatically. I would put a little twist on that though, I would make the suing attorney pay if he loses. That should put a nice dent in the whole frivolous lawsuit business.

[debtmonster]

I'd like to see if someone sues and lose, they pay all costs automatically. I would put a little twist on that though, I would make the suing attorney pay if he loses. That should put a nice dent in the whole frivolous lawsuit business.

YES! Why the hell don't they do this?! How come the courts NEVER, EVER do anything that is COMMON SENSE!!!!??! All they do is suck all of our money dry the same way a stock broker does. A stock broker doesn't care if you make money or not. All they want is a hand in the transaction and that's all a court does. The gov't is supposed to look out for our best interest. Contrary to belief, THAT IS WHY THEY ARE THERE IN THE FIRST PLACE!

[Dann09]

getting served

I got sued in september 19 of last year but did not get served?

[debtmonster]

I got sued in september 19 of last year but did not get served?

And what happened? If you didn't get served, how were you supposed to know anything about it? They should require the processor to take a photo of you accepting the summons.

[Bell30656]

You have to keep something in mind... the reason we get sued over these debts are well, because we didn't honor our word (for whatever reason) and pay as we said we would. We agreed to the terms when we took their money or products.

That said, it's a long way from filing until they get the judgment. You can drag this stuff out for years before it ever sees a courtroom and then even longer before the judgment can be collected. I always said if I lost one of these JDB lawsuits I'd move to a state where wages couldn't be garnished and everything I would own would be in my six year old daughter's name... Heck, she'll inherit it all any way.

[debtmonster]

I always said if I lost one of these JDB lawsuits I'd move to a state where wages couldn't be garnished and everything I would own would be in my six year old daughter's name... Heck, she'll inherit it all any way.

That sounds like a good plan.

[Confuzed]

Big Boy,
So let's say someone sued me for credit card debt, a CA. Ok, and they went the sleazy route where they dont even let you know, but they file and then they get a court date. Ok, lets say they go for debtor examination via the court and you have no idea (You are out of the state, country, etc.)...so upon your return you may have a bench warrant???

I plan on traveling abroad for 1-2 years and coming back, I have 25k of debt among 9 credit cards and dont want to be considered a criminal when I come back. Let's say worst case scenario I get a bench warrant. Is a bench warrant equal to having a criminal record, in other words when you go get a job, you show up as having an arrest??? Wtf??? over a civil matter, or does it get erased after you show up and present yourself to resolve the matter, although it is a year or so later.??? I really am worried about having some criminal record on me when employers search a database. Do you see any scenario happening?

All input welcomed. thanks!

[debtmonster]

Man, that's a VERY good point! Hence the reason why I don't see why people serving the papers are not require to take a photo of you receiving the papers in hand... or possibly 2 people go and one takes a video or photo of you receiving it proving that you were served. That would make it fair and square.

[treehugger1]

Just a note. I have been served a "summons to appear." It was an order to appear and the penalty was clearly stated on the back side. It began with, " You are hearby summoned, etc, etc. So, whatever a state calls their particular "notice to appear," it is always in your best interest to read the document. Even in my own stte and circuit course district, the language is confusing, but generally the way it appaers to happen for debtor's exams is:

1) Attorney sends you written interogatories and you refuse to answer.
2) Attorney files a summons to appear in court. Suppose you miss this, then
3) Judge orders law enforcment to bring you to court.

I still think that #3 doesn;t happen immediately, and you have an opportuity to explain why you missed the first court date.

In addition, the judge could have you picked up, but he/she cannot control when the sheriff's office might reach you.

[BigJohn]

Big Boy,
So let's say someone sued me for credit card debt, a CA. Ok, and they went the sleazy route where they dont even let you know, but they file and then they get a court date. Ok, lets say they go for debtor examination via the court and you have no idea (You are out of the state, country, etc.)...so upon your return you may have a bench warrant???

I plan on traveling abroad for 1-2 years and coming back, I have 25k of debt among 9 credit cards and dont want to be considered a criminal when I come back. Let's say worst case scenario I get a bench warrant. Is a bench warrant equal to having a criminal record, in other words when you go get a job, you show up as having an arrest??? Wtf??? over a civil matter, or does it get erased after you show up and present yourself to resolve the matter, although it is a year or so later.??? I really am worried about having some criminal record on me when employers search a database. Do you see any scenario happening?

All input welcomed. thanks!

Back in 2002 a woman passed a bad check in my store. In 2008 her boyfriend was pulled over on a traffic check and they checked her ID. There was a warrant out for her arrest (bad check). She went to jail and then had to post bail.

If you go over seas, when you come back, Immigration generally, if not always checks for warrants, etc. If you come back and walk aross the border such as the Mexican border, they don't check for warrants, at least I haven't seen them do it yet.

[BigJohn]

If YOU didn't get served, how did YOU get sued?

A woman in Arizona recently found out the State had won a judgement against her for not paying a photo radar ticket. The process server served her the papers, he signed off on the papers and the State got a judgement against her beause she never showed up in court.

The woman got the judgement dismissed and now a lot of other judgements are being questioned because the server claimed he served her at such and such address at such and such a time. The address turned out to be a mailbox rental service and the time in which he served her, the rental box place, was closed.

[debtmonster]

The woman got the judgement dismissed and now a lot of other judgements are being questioned because the server claimed he served her at such and such address at such and such a time. The address turned out to be a mailbox rental service and the time in which he served her, the rental box place, was closed.

Ooooooooooooooof! That is a RAG!! I love it!

[BigJohn]

The process server is looking at least a felony if not a few felonies.

[debtmonster]

The process server is looking at least a felony if not a few felonies.

That's a felony to do that?!!?