subpoena for a outstanding credit card debt. Now looking at jail time.?

R

redkenup27

New member
My sister received a subpoena over an outstanding credit debt, which she says isn't her debt. She mixed up the court date (cause they kept rescheduling the date) and didn't show up for court. She called me crying yesterday because a cop came to her house an issued her a "order to show cause" and she has to explain why she didn't go to court and is looking at 10-15 days in jail over the matter. I didn't know you HAD to go to court over a debt? I thought it was just an automatic guilt and the judge would default the party suing. But they are saying this is contempt of court. I went through the same issue with a credit card I had that was mine and my ex husbands. I didn't show to court and they just garnished my wages. I never had to go back to court and "explain" why I wasn't there. The cop told her to have a good excuse ready, that sometimes they let them off with fines. I'm worried to death for my sister. She is a single mom of 2 children. And is doing the best she can. She's never been in trouble.

Oh, also she has talked to a lawyer. Me and my family are trying to pull money together to help her hire him for this issue. I guess mainly my question is, Has anyone been through this before? Can she really go to jail over not going to court over a debt??? A civil case???
 
That just does not sound right....

If she missed the court date then the judge rules in the creditors favor and issues judgment to garnish wages and seize bank accounts. They do not bother to send a cop to her house to ask why she did not show up in court.

Furthermore... an order to show cause would be in her favor because that means she still has a chance to show up in court and tell the judge her side of the story. I have never heard of it used in a civil case... but I don't see why a judge that thinks some type of fraudulent action is going on could not use this instrument to drag your sister to court and get her side of the story.

Calm her down and make sure she shows up with her attorney for the new court date.
 
Back
Top