i plan on ignoring this it is for some credit card debt i can not pay i am a senior citizen and have no assets and on ssi and maybe going to file for bankruptcy and i am not going to get any more credit in my lifetime so i have nothing to risk or loose my only concern is can i somehow be arrested for ignoring this suit i know a default will be entered if i ignore it, but if i dont fill it out can i be arrested how about ignoring all these discovery proces can i be arrested for that no judgment has been entered so this is not a post judgment question thanks for your time
Chapter 7 Bankruptcy Attorney
If you fail to respond to a civil lawsuit in time, the creditor will obtain a court judgment against you. If you fail to respond to demands for discovery, you could be held in contempt of court which could involve jail time if the judge is so inclined. Being a senior is not an excuse for failing to comply with an order of the court.
Hope this perspective helps!
Life Sciences and Biotechnology Attorney
I would just add that if you have more creditors filing suit against you and are constantly getting harassed by creditors, it is better to consult a bankruptcy attorney sooner than later.
The information provided in this post is not "legal advice." Rather it is general information on common legal issues. If you have questions concerning your specific situation, it is always best to consult an attorney in your area.
2 lawyers agree
Criminal Defense Attorney
You cannot be arrested for ignoring a citation served on you in a civil suit, unless the citation specifically orders you to appear for a hearing. If you were served with a Shoiw Cause Order, then, your failure to appear could result in a capias warrent being issued for your arrest. While the police will not actively look for you, unless they happen to perform a warrant roundup, if you are stopped for a traffic violation and the capias warrant shows up on their computer, you would be arrested.
Based upon the facts as you stated above, it appears that only the petition and some discovery documents were served upon you. If such is the case, do not worry.