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If you get served question.

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    If you get served question.

    I still have quite a bit of reading to do in the various BK forums that I belong to, in order to learn more about the BK processes, however I have a quick question.

    If I get served, is that just basically an official subpoena/court order for me to appear in court on a certain day and time, because I am being sued by a creditor?

    If so, what will happen if I say the following to the judge/court:

    1. I owe the entire debt that I am being sued for, but I am unemployed and have no means to pay the bill at this time.

    2. Since I am unemployed, I am currently talking with a lawyer to file BK.

    Quagmire

    #2
    Usually no. It is not a court order to appear. Meaning, you cannot be held in contempt of court for not going.

    In your case, the outcome would be the same if you showed or didn't.
    If you didn't show, the court will enter judgment against you.
    If you showed, and had no actual defense (e.g they have the wrong person, never heard of the plaintiff, etc.), the court will enter judgment against you.

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      #3
      HHM, so in other words, I need to have a lawyer when I go to court, otherwise there is a good chance that I would get a judgment against me?

      Quagmire

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        #4
        I don't believe a lawyer would matter.

        They could prove you owe the money and get a judgment.

        But a judgement is only a "big deal" if they try to enforce it.

        But stay away from banks if you have a judgement - they could levy your acct and take all the money from your acct.

        Why are you so intent on avoiding BK?

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