Over $10,000. Felony?
Date: Tue, 09/04/2007 - 11:34
I noticed my summons is from Superior Court. I thought Superior was only for felonies. When I called the court, I asked what had to be written on the summons, and asked why superior court, I thought that was only for felonies. The guy said "yes...anything over $10,000". My credit limit was $9,300. They are suing me for close to $17,000. So, is this a felony charge? It cannot be...can it?
It isn't a criminal charge. Felonies are criminal. This is a
It isn't a criminal charge. Felonies are criminal.
This is a civil matter. Small Claims court is anything under a certain dollar amount, and Superior is anything over a certain dollar amount.
They can't charge someone with a felony for an unsecured debt de
They can't charge someone with a felony for an unsecured debt default can they?
Not at all! The company needs to prove that you have been doing
Not at all! The company needs to prove that you have been doing some fraudulent activities by intentionally writing a bad check. You have to put a strong defense in front of the judge and turn the case in your favor. Consult an attorney to deal with your situation.
Goudah has it right on the head. Small claims courts usually on
Goudah has it right on the head. Small claims courts usually only handle up to $1500 or $2500. Large claims like $10K have to go through the the higher courts (a small claims court would toss the case if they tried to file the case there).
Eleroo and Weeswie are also correct that defaulting on a debt of itself is not a criminal action, even if it is for $10K.
If they were trying to nail you with a felony charge, it would be the DA or States' Attorney prosecuting you (and the case would be captioned as People Vs ...). If a company name is appearing as the plaintiff, then it is a civil case.
Wow, that would have scared the crap out of me. Until you take a
Wow, that would have scared the crap out of me. Until you take a minute to think about it being a civil matter and not a criminal one. It would have shaken me up I think. Goodluck dealing with this.
