Capias Warrant Threat in Civil Case

My question involves an arrest warrant from the State of: Virginia.

I have just gone through a hellish divorce. Pretty much imagine the worst possible stereotype of the snarling ex-wife, false charges for d.v., child molestation, etc. I just received a notice that I am to pay my ex a whole bunch of money both to her and her lawyer. If I don't do this supposedly I am going to have a capias warrant issued for my arrest. Here's the rub...

1. I don't have the money
2. Her lawyer states that I was "served" but didn't show up. Issue is I was never served and the circuit court clerk indicates that there is no record of service.
3. With regards to #2 there is no way a service processor works on June 1 2008 (a Sunday) anyway so I know this is bogus but still the judge signs the order for me to pay both of them with me not present.

I am supposed to have my children for 2 weeks come August 1 and I know this is designed to screw that up. If I wasn't served, could never present my side of the story, isn't this whole mess invalid? Is there a way I can simply request a delay to all of this until say mid August so at least I can enjoy my vacation with my kids (not like there is money to go anywhere but still) then fight it out afterwards? I have a call into my family lawyer but that too will be lots of money. Any advice? Can I just walk on down to the Circuit court, get the arrest warrant and debt action stopped, and request a review of all this mid-August? Any help appreciated... :wallbang:

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Quoting balroggie

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1. I don't have the money

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If this is money you owe, you may want to look into ways to remedy that problem.

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Quoting balroggie

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2. Her lawyer states that I was "served" but didn't show up. Issue is I was never served and the circuit court clerk indicates that there is no record of service.

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The court shouldn't issue an arrest warrant if no proof of service has been filed. But the fact that one hasn't been filed yet doesn't mean that one won't be filed if service was made.

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Quoting balroggie

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3. With regards to #2 there is no way a service processor works on June 1 2008 (a Sunday) anyway so I know this is bogus but still the judge signs the order for me to pay both of them with me not present.

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You just told us that there was no proof of service filed, so how is it that you know when you were supposedly served? Did the court in fact schedule a hearing where you did not appear? What order(s) did the court enter after that hearing?

Hi Mr. Knowitall to answer your questions...

The reason I know about it is I received a copy of the judges order that was entered on June 20th from my ex's attorney. He says I was served on June 1st (I wasn't) and that I failed to appear for the trial.

I don't believe I owe the money and had I been aware that there was a trial going on I certainly would have been there to plead my case. This isn't "money I owe" but "money my ex believes I should owe" which I would hope anyone would agree is a very different thing. What I do not understand is that with my brief exposure to civil court not being served was a reason stated many times by judges for postponing trial. It has been confirmed that there was in fact *NO* service - the court has no record of me ever being served with papers so her attorney lied and/or the judge simply decided to go on his merry way anyway.

The only reason I knew about this at all was a snotty letter from my ex's attorney arrived stating that I was served when I wasn't, a copy of the verdict which what do you know went there way with no defense, and of course a demand for money and threat of arrest.

As for remedying the money problem should I knock over a liquor store, break into a bank, or what? I do not understand the absolute willful ignorance of our legal system with regards to cash. I expect it has to do with a corrupt system used to being able to simply demand something and expecting the very laws of nature to bend to their will. I do not have the sheer volume of cash they are demanding and without resorting to illegal activity I will not have same by the deadline. I do not have the luxury of simply dispatching legions of jack-booted thugs to plunder and pillage whenever I want something unlike our black robed aristocracy.