Difference Between an Order to Show Cause and a Court Summons

what is the difference between a order to show cause and a court summons?

Comments for Difference Between an Order to Show Cause and a Court Summons

Click here to add your own comments

Jul 04, 2011
Difference Between an Order to Show Cause and a Court Summons
by: Debtcollectionanswers.com

I am not an attorney, but here is my understanding of what those two terms mean. A court summons is a legal notice that you have been sued. An order to show cause is a requirement by a judge that one or more parties to a lawsuit appear in court to explain why the judge should not issue a particular order. If you want additional information about these legal terms, I recommend that you contact a consumer law attorney.

Aug 09, 2011
Third party credit card collection
by: Anonymous

I'm on SSI and a credit card company is ordering me to appear in court. I call the collection agency and what was my situation and all I got was you need to pay. And so, I'm being ordered to pay $271.00 a month when I only get $543.

Reply from DebtCollectionAnswers.com:

We don't mean to sound like a broken record, but you do need to talk with an attorney immediately. You may be judgment proof which means if they do take you to court and get a judgment there is nothing they can do to collect. Social security payments are generally protected from creditors, and if you have no other assets then there may be nothing they can really go after.

We urge you to set up a a free consultation with a bankruptcy attorney as soon as possible to find out what this collector can and cannot do to collect from you. A letter from the attorney explaining your situation may be all it takes to get them to back down.

Aug 11, 2011
Judgement Prof-Social Security
by: Anonymous

My attorney told me since my only income is Social Security Disability, that I am considered judgment proof since I have no assets. Now if you have other income that is being direct deposit othere than your Social Security, they can get a lien against those other money, but not your benefits.

However, say that you decide to go back to work or work part-time, they can try to collect from you. However, if a person has a tremendous amount of debt with no other income, and your only source of income is social security, it may be best to file a Chapter 7 Bankruptcy.

This will eliminate some of the issues. You would not lose your home or your vechile or any of your household furnishings. However, if you do own a second home or vehicle, it can be taken as liquidation to settle the debt.

As for your credit history some Bankruptcy can stay on your credit from 7 to 10 years, however, you can still rebuild your credit during that time. You still have creditworthiness it just would be at a higher interest rate. This will show that you are not only taking on to much credit but being responsible on how you manage your credit, and it will out way the negative credit v. good credit.

Build your credit back up slowley and don't purchase big ticket items that will hinder you back into that rut. Have just one major credit card to start rebuilding your credit, and keep a checking account open. People think filing bankruptcy is the end of their world, when in actuality it is a life saver to start anew, and not make the same mistakes again.

However when a person on a fixed income such as myself, you only purchase senseble things that you absolutely need on a day to day bases. In other words live with what you can afford and need, not what you wish to have. The things you would like to have will come along down the road, but just don't go overboard.

I have filed a Chapter 13 in the late 80's until my husband needed surgery, and I had to change it to a chapter 7. Now I had several deaths over the years and had been left to pay since other family members would not help, and now I have them on my credit and some other debt, but now I will have to file another Chapter 7, to start anew.

Nov 03, 2011
Wait a minute...
by: Anonymous

That last paragraph interests me. Are creditors bugging you for debts incurred by the deceased? If the debts were incurred by the deceased and *only* the deceased, then mailing them a copy of the relevant death certificate and cease and desist letter should be enough. (As they say on this site, send it certified and return receipt requested.) Once a person dies, the living are not required to pay off the debts that only the deceased incurred.

Reply from DebtCollectionAnswers.com:

That's true, but they may be able to collect from the estate, if there is one. See our deceased person's debt FAQ section for more information.

Click here to add your own comments

Return to Debt Collection Questions.

Learn how debt collection laws can help you!
This website does not provide legal advice.
All information is for educational purposes only.
Copyright 2007 - 2021 by Mary Reed and Gerri Detweiler.
All rights reserved..
Read our Privacy Policy here. Do not sell my information.