Debt Collection Hearing Guidance

Summary

A hearing in aid of execution is a formal court process to assess how a debtor can satisfy a debt. Attending the hearing is crucial to avoid contempt charges. If there is a scheduling error or miscommunication, document all related materials and contact the court for clarification. Consulting an attorney can provide guidance on addressing any issues or potential consequences.

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when a debt collector ask the debtor questions about current address, phone number, place of employment, assets and liabilities and a method of payment considered a formal or informal meeting?
In Kansas, when a debt collector asks for personal information like address, phone number, employment, assets, and liabilities, it typically constitutes an informal meeting. Formal meetings are usually scheduled, documented, and may occur within legal proceedings. How did the debt collector approach you?
There was a default judgement against me due to me not showing up in court. So the debt has already been ruled on. I recieved a letter stating, we are in the process of scheduling a hearing in aid of execution in the district court. You may wish to call and be prepared to answer questions concerning your address, phone number, place of employment, assest and liabilities, as well as payment methods. Otherwise we will proceed with the hearing.
When there is a default judgment, the creditor can take steps to collect the debt. A "hearing in aid of execution" is a formal court process where you provide information under oath about your financial situation. Here’s what you need to know:
- Hearing in Aid of Execution: It's a formal court hearing to determine how you can satisfy the debt.
- Preparation: Be ready to discuss your financial details honestly.
- Legal Representation: Consider consulting with an attorney to protect your rights.
Would you like to explore legal representation options?
I did not call the lawyer. I was served by the sheriffs office an "order to appear for hearing in aid of execution" with a date and time to appear signed by a district court judge. It stated "failure to appear for the hearing or to contact the judgement creditor's attorney prior to the hearing to provide all the requested information may cause you to be cited and punished for contempt of this court by fine or imprisonment or both.
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****, it's essential to attend the hearing as ordered by the court to avoid contempt charges. You may want to prepare and possibly consult an attorney for guidance on how to proceed. Would you like tips on what to prepare for the hearing?
No, I did go to the hearing, on time. I checked in at the district court office to make them aware that I was indeed present for my hearing. I gave the secretary my name and she said I was not scheduled for a hearing and my name was not on the docket. I then showed her my paper that was served to me by the sheriiff's office. The secretary sent me to the forth floor to where I was told to wait until called. I was called into a small room and it was just me and the judgement creditors attorney present. No judge, or court official of any kind.
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****, it seems there was a miscommunication or error regarding your hearing. Since you were not properly scheduled on the docket, and there was no judge present, you might want to consider the following steps:
- Documentation: Keep all documents related to this incident, including the paper served by the sheriff and any communications with the court.
- Clarification: Contact the court to clarify the situation and ensure your presence was recorded.
- Legal Advice: Consider consulting an attorney for advice on how to address this issue, especially if there are potential consequences for not appearing in a formal hearing setting.
If you need further assistance, let me know!