Can I go to jail for a judgment placed against me?
Date: Wed, 03/11/2009 - 14:55
HOWEVER, with me they just sent me a letter stating that I had 30 days to reply to this letter they sent me , that was NOT certified. I am really scared to mail this letter to them because they want a lot of my information, like ssn#, bank acct #,where i work, car etc. I am sure it is a legit letter but it is still scary to hand out my information.
The question at hand is,
they state that if I do NOT mail this information back that the opposing party may file a Motion to Order the Court to impose punishment for contempt.
I have no idea what that means, but I looked it up and found out I could go to jail?
I am wondering if that is possible and can they take my car?
Thanks in advance for your answer!
I am not an attorney licensed to practice law in the state of PA
I am not an attorney licensed to practice law in the state of PA, nothing I say should be construed as legal advice. To be 100% sure, you should consult an attorney. That being said, I have a lot of experience in dealing with debt in PA. The below is my opinion:
PA is great, there is no wage garnishment allowed nor bank seizures. Just claim your primary car as an exemption and you will not lose your car. (unless you have a Lamborghini or multiple cars)
The ONLY time you can go to jail is if you do not answer a subpoena for information (that letter) for contempt.
If they subpoenaed you for information, you are required by law to answer their interrogatories (questions).
Dangit, it logged me out, that was me that replied.
Dangit, it logged me out, that was me that replied.
Defaulted Loan=Judgment
I defaulted on a loan so I surrender my SUV. Got a judgement and now they say I have a list of collateral items that they want me to give them by 26 of this month. I don't even have the items anymore, what do I do?
You had stuff put up against the car loan? I never head of that
You had stuff put up against the car loan? I never head of that one before. If you don't own the stuff anymore, then you don't own it. They can't take what isn't yours....now I guess if this stuff was listed on the loan papers that you would hand them over, then maybe they can get you for breech of contract, but that is just another lawsuit, not jail.
Carriemsnyder: I think they can try to get you on contempt if that was something officially asked for in the suit and you ignored it..if the judge ordered you to fill out that list then you would have too...but if this is something they sent you AFTER the judgment is already rendered, then maybe they are trying to get info so they can hit your bank account hoping you figure they are allowed to....send a letter back to them...I would make two copies and notarize them, then send one certified mail to the company and respond to each question like you would to a summon, like when they ask for bank account, answer: due to no garnishment laws, this information is not needed without a court order.
That way you respond and if they try for contempt you can go before the judge and ask why they need information on items they can't touch. :) Then if the judge orders you to hand it over, then I guess you do but at least you fought tooth and nail, kicking and screaming and made it as much of a headache as you could.
This in NO WAY is any kind of legal advice..just the way I would do it myself....unless it it a court stamped order from the JUDGE I don't think you can be held in contempt.
