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Dave Kennett
Dave Kennett, Lawyer
Category: Criminal Law
Satisfied Customers: 27687
Experience:  25 years experience practicing attorney
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i have a court hearing for a civil case concerning my auto.

Resolved Question:

i have a court hearing for a civil case concerning my auto. I am behind on payments. what happens if I don't show to the civil hearing? Can a warrant be taken out on me?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Dave Kennett replied 5 years ago.
DearCustomer- If this is just a hearing for a trial and you fail to appear all that will happen is that a judgment by default will be issued against you. Unless you have actually been ordered to appear for something like a contempt or debtors examanation there will be no warrant issued in a civil matter.

Dave Kennett
Customer: replied 5 years ago.

 

 

if a default judgement is issued, what can the auto company do? I have relocated, I dont have a job, nor a bank account.

Expert:  Dave Kennett replied 5 years ago.
There's not much they can do if you have no assets from which to collect. They can repossess the vehichle but the judgment is just a judgment and theres no crime if you don't pay.

Dave
Customer: replied 5 years ago.

That's what I thought, I will file BK(chapter 13), but for now I need to buy some time.

 

My last question is , you mention debtors examanation. Will the court demand this once the judgement is issued against me? Or when will a debotors examantion be issued?

Expert:  Dave Kennett replied 5 years ago.
The court will not automatically demand this but the creditor may do so. It's no big deal, especially if you have no assets since you can just go and tell them you have no assets. I'm not certain how you are going to file a Chapter 13 if you have no job but that is a different issue. If you have no job you couldn't get into the Chapter 13 plan of repayment. A Chapter 7 is probably more suited to your needs.

Dave
Dave Kennett, Lawyer
Category: Criminal Law
Satisfied Customers: 27687
Experience: 25 years experience practicing attorney
Dave Kennett and 8 other Criminal Law Specialists are ready to help you
Customer: replied 5 years ago.

 

 

Mr. Kennett,

 

I need to ask you, the hearing for the vehicle is scheduled because the creditor is seeking for the purpose of foreclosing and obtaining a writ of possession for the vehicle. Now, if I don't appear and the writ of possession is obtained, is this is same as a default judgment? What happens if the writ is obtained?

Expert:  Dave Kennett replied 5 years ago.
Yes it is like a default. If the writ is obtained then they can take the vehicle. If you actively hide the vehicle that could be considered a crime but not merely failing to appear in court.

Dave
Customer: replied 5 years ago.

Ok, if I filed Chapter 13 after the writ is issued, will I be granted an automatic stay?

Finally, if the writ is issued will the sheriffs department , along with the repo guy, have the right to then break into the garage at my previous address? I have moved, but my friend still resides there and I would not want her property damaged because the creditor is seeking the vehicle.

Thank you
Expert:  Dave Kennett replied 5 years ago.
They cannot break into anything and an automatic stay goes into effect as soon as you file.

Dave
Dave Kennett, Lawyer
Category: Criminal Law
Satisfied Customers: 27687
Experience: 25 years experience practicing attorney
Dave Kennett and 8 other Criminal Law Specialists are ready to help you

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