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First of all you WILL NOT GO TO JAIL, EVEN IF YOU FAIL TO SHOW UP FOR THE COURT DATE!!!!!! First thing is look for the court address, the docket number, and the date of the hearing. If none of this appears on the summons, then it could be fake. If it does appear call the court and verify that it is legitimate. If legitimate, then be sure to show up. At present four U.S. states —North Carolina, South Carolina, Texas and Pennsylvania do not allow wage garnishment at all except for debts related to taxes, child support, federally guaranteed student loans, and court-ordered fines or restitution for a crime the debtor committed. Several other states observe maximum thresholds that are lower than the 25 percent maximum provided by federal law. States may also prohibit garnishment altogether in certain circumstances. For example, in Florida the wages of a person who provides more than half the support for a child or other dependent are exempt from garnishment altogether (though this exemption is subject to waiver). Loans and negotiations with creditors can also help debtors to avoid wage garnishment. So worst case scenario they may be awarded a judgment. Hope this helps answer your question EDIT::::::: The FDCPA does not apply to the original creditor and the officer did not violate any laws, the use of threat of arrest must come from a third party collection agency or any one hired to collect the debt. I have provided a link to a source you can download and read regarding the FDCPA to back my answer.

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by Sgt Big Red

5 months ago

Asker's Rating: 

Worst case scenario you could be in contempt of court if you do not show up...which could result in jail time...but highly unlikely. Most likely if you do not show up, there will be a default judgement and you will lose the case and be ordered to pay whatever they are asking. For your own benefit, it is best to go to court and try to defend yourself in front of the judge as to why you do not owe whatever it is they say you do.

by mukwonago53149- 5 months ago

in America, no one goes to jail for a debt. they could, however, garnish your wages. did you attempt to pay it off or get an installment plan?

by njyogibear- 5 months ago

You can never go to jail over defaulted credit card debt. Is there a confirmed court case docket number on this notice?

by CatDad- 5 months ago

Actually, the officer broke the law by stating that you would go to jail of you didn't pay the debt. Under The Fair Debt Collection Practices Act (aka FDCPA), 15 U.S.C. § 1692 Threatening arrest or legal action that is either not permitted or not actually contemplated is prohibited. In the United States, there are no debtor prisons. You can NOT be sent to jail for not paying a debt. What the police officer came by for was to give you a summons to appear in court. And yes, you need to show up in court and give your side of the argument. If you actually do owe the debt, then the judge will render a judgement and tell you to pay the debt. Then if you don't pay it, they can go back to court and have them garnish your wages.

by Daniel- 5 months ago

I don't know what country your in and if it's the U.S. then I am saddened. If your in the U.S. I would get a lawyer right away you cannot be threatened like that in a summons. A summons is to go to court and it is to be delivered and nothing else, believe me whoever said those things to your room mates screwed up big time. You will not pay a dime upfront unless the court finds that you owe and allows a garnishment and if so then you still have thirty days to organize before it starts. Appear in court, (and really if you don't go then the judge will award the prosecution by default) but potentially you could sue everyone involved in the summons for threatening and harassing you. Namely the idiot who brought the summons if not the entire Sheriff's dept. (if in the U.S) Get a lawyer right away and make sure your room mates will testify to this. File for a chapter 7 liquidation bankruptcy if you have other debts and start over if necessary. No you won't go to jail and can't go to jail for an old debt or any debt for that matter but the idiots behind this ignorance probably will if you go the distance. No one can threaten or harass you in this manner, ever, at any time. Calm your nerves and know you have the upper hand. Man I would nail those bastards to the wall for that.

by Red- 5 months ago

You will not go to jail over a debt -- this person was fibbing Second, you will not get into trouble if you do not show up to court, BUT, the creditor suing you will get a default judgment, meaning since you couldn't show up to defend yourself, they get what they are asking for. Third, after they get a judgment, they can garnish your wages or bank account for 25% of your earnings.

by Help Is Here!- 5 months ago