Thursday, January 9, 2014

I received a trial call order letter in the mail in a debt collection case. The letter states: "Please note that you have been defaulted in ...

Question

I received a trial call order letter in the mail in a debt collection case. The letter states: "Please note that you have been defaulted in the court case captioned above and that the matter is currently set for prove-up. . ." Does the term "prove-up" mean the same thing as "citation to discover assets"? And can I be arrested for contempt for not appearing at this court date? Thank you.



Answer

What it means is that they do not have a judgmenbbt yet, that because they do not have a judgmnent yet they can not serve you with a Citation to Discover Assets, and you do not have to appear. Whether you should appear is a diffferent issue. You might be able to negotiate a lesser amount the creditor. But that choice is yours.



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