Hello, I was sued some time ago for a credit card debt. Since I'm having major financial difficulties, I haven't been able to pay it. So today I see on the judicial site that the attorney filed an affidavit of loss. What is this? Will I be arrested? What should I do?
My best guess is that it is a summary of the amount you owe, together with the legal fees and court costs of using the court system to collect from you prior to the judge signing a judgment against you. Hope this perspective helps!
You won't get arrested because you owe someone money unless something else happens. Like if the judge tells you to come to court but you don't go etc.
If your finances are not where they should be, you should see a bk attorney to see if bk is the right option for you at this time.
The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here. Please visit my web site: www.avanesianlaw.com for more information about my services.
An Affidavit of Loss is a written statement declaring the physical loss of a secured interest- usually through theft or destruction by fire/flood. Was the card a Best Buy account, or some other store account? If so, they may be trying to get the property back or work toward saying that you are refusing to return the property. The affidavit contains all details regarding the loss, the owner's name and any information pertaining to the secured property, such as serial number or date of issue. Once the statement has been made, one can issue a letter of indemnity, requesting the replacement of the security. Chances are, if the debt is a credit or store card, they are just trying to scare you into paying them off. You should deal with your debts, I'm not saying ignore them, but, no, you can't go to jail for not paying an unsecured debt.
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