Criminal Warrant Issued, Because of Inability to Serve Civil Papers
My question involves criminal law for the state of: Boyd County, KY
From what I understand the Sheriff's dept had been trying to locate me to serve civil lawsuit papers. A family friend still resides at my old address and they contacted one of my family members because the sheriff had left his card and stated that if he was unable to serve the papers from JP Morgan Chase for a lawsuit then a warrant would be issued for my arrest..... Is this true? Can I have a criminal warrant issued against me because they have not been able to serve me these civil matter papers?
Re: Criminal Warrant Issued, Because of Inability to Serve Civil Papers
What's the nature of the underlying lawsuit? This is a new lawsuit, or are you being served with something from an existing lawsuit (e.g., a notice of a creditor's examination).
Re: Criminal Warrant Issued, Because of Inability to Serve Civil Papers
I was injured at work last march 08 and am still dealing with Comp. I went into default on an auto loan with Chase as of January 09. The only information I have is that the papers they attempted to serve were for a lawsuit against me from Chase. I have never received any other paperwork so I am unaware of the specific documentation, but what I do know is; It is a lawsuit, it is over an auto loan, and from what I was told by Chase over the phone is that the case was just recently filed. Please let me know if any additional details I can provide would help at all.
Re: Criminal Warrant Issued, Because of Inability to Serve Civil Papers
Two possibilities come to mind, although there could be more based upon facts that I don't yet know:
1. You were defaulted, and this is a post-judgment matter. Check with the courthouse to see the status of the case.
2. The threat is in relation to their attempt to repossess the vehicle, and they're alleging that you're hiding the vehicle from repossession.
Quote:
Quoting Georgia Code § 16-9-51. Destruction, removal, concealment, encumbrance, or transfer of property subject to security interest
(a) Except as provided in subsection (b) of this Code section, a person who destroys, removes, conceals, encumbers, transfers, or otherwise deals with property subject to a security interest with intent to hinder enforcement of that interest shall be guilty of a misdemeanor.
(b) A person who destroys, removes, conceals, encumbers, transfers, or otherwise deals with property subject to a security interest with intent to hinder enforcement of that security interest and in so doing does damage to such property in an amount greater than $500.00 shall be guilty of a misdemeanor of a high and aggravated nature.
(c) In a prosecution under this Code section the crime shall be considered as having been committed in any county where any act in furtherance of the criminal scheme was done or caused to be done.
Re: Criminal Warrant Issued, Because of Inability to Serve Civil Papers
Quote:
Quoting
aaron
Two possibilities come to mind, although there could be more based upon facts that I don't yet know:
1. You were defaulted, and this is a post-judgment matter. Check with the courthouse to see the status of the case.
2. The threat is in relation to their attempt to repossess the vehicle, and they're alleging that you're hiding the vehicle from repossession.
From what I was told by Chase, the first option would be the cause for the papers.
There has been no attempt to reposess the vehicle, so I would assume that the 2nd option would be invalid. And although the Sheriff attempted to serve papers at my old address, Chase was made aware of my new address months ago.
So, in this case, because they were unable to deliver said documentation, could an arrest warrant be issued against me??
Re: Criminal Warrant Issued, Because of Inability to Serve Civil Papers
Normally, if you can't be served, they get permission from the court for "substituted service" - service upon you by means other than personal service, such as publication, posting, and/or first class mail.
I don't see a full official version of Georgia's court rules online, at least not one available without paying a fee; I did find this unofficial version. Discussion of how service can be effected when the defendant "cannot, after due diligence, be found within the state, or conceals himself to avoid the service of the summons" is under "service by publication".
If you moved and failed to update the lender about your change of address, contemporaneously with your default, it seems quite possible that the threat is being made in relation to your frustrating attempts to repossess the vehicle. Or it could be that the process server was shaking the tree to see if your new address would fall out. Unfortunately, as you know, we're not able to tell you what he was thinking.