Results 1 to 2 of 2
  1. #1
    Join Date
    Oct 2008
    Posts
    1

    Default Capias - Now What?

    My question involves child support in the State of: Massachusetts

    I filed a Complain for Contempt against my ex for not paying. I had him served and received proof of service from the Sheriff's dept. My ex did not show for the hearing, so my "case" was not heard and the judge ordered a capias. Now what? My ex claims he was never served and is angry with me for not reminding him about the hearing. Now he wants me to show up with him at the court, with his attorney the first day the court re-opens to resolve this. My question is: do I have to go? It seems there is no hearing scheduled, and he just wants the capias resolved. He is going in with an attorney. I don't have one, and don't want to be blindsided by then not getting awarded the money he owes me per court order? He's very good at turning things around. I also don't want to go to serve only his interests. What should I expect? Is the capias an automatic order for him to pay what he owes me, or is it just a punishment for not showing up?

  2. #2
    Join Date
    Oct 2008
    Location
    Washington comma the Great State of.
    Posts
    1,211

    Default Re: Capias - Now What?

    Quote Quoting lucky lucy
    View Post
    My question involves child support in the State of: Massachusetts

    I filed a Complain for Contempt against my ex for not paying. I had him served and received proof of service from the Sheriff's dept. My ex did not show for the hearing, so my "case" was not heard and the judge ordered a capias. Now what? My ex claims he was never served and is angry with me for not reminding him about the hearing. Now he wants me to show up with him at the court, with his attorney the first day the court re-opens to resolve this. My question is: do I have to go? It seems there is no hearing scheduled, and he just wants the capias resolved. He is going in with an attorney. I don't have one, and don't want to be blindsided by then not getting awarded the money he owes me per court order? He's very good at turning things around. I also don't want to go to serve only his interests. What should I expect? Is the capias an automatic order for him to pay what he owes me, or is it just a punishment for not showing up?
    Think of capias as bench warrant (like an arrest warrant). It's a writ requiring the body of the person to be taken and kept to fulfill some obligation.

    It's not an automatic order saying he has to pay; you already have that in your child support papers. It's a writ which compels his incarceration until he ponies up the dough.

    You can read more about how it works and it means here, here, and here.

    G'luck with this, ahem, gentleman. ^_^

    1. Sponsored Links
       

Similar Threads

  1. Arrest Warrants: Capias Warrant
    By bsketlady in forum Criminal Procedure
    Replies: 4
    Last Post: 10-21-2010, 08:30 AM
  2. Arrest Warrants: Capias Warrant
    By Bruincam in forum Criminal Procedure
    Replies: 1
    Last Post: 08-03-2010, 12:09 PM
  3. Arrest Warrants: Capias Warrant
    By our4brats04 in forum Criminal Procedure
    Replies: 3
    Last Post: 01-30-2009, 07:11 PM
  4. Arrest Warrants: Capias Warrant In Florida
    By dad4italy in forum Criminal Procedure
    Replies: 1
    Last Post: 12-13-2008, 09:20 PM
  5. Arrest Warrants: Capias Withdrawn
    By twister in forum Criminal Procedure
    Replies: 3
    Last Post: 03-05-2007, 01:29 PM
 
 
Sponsored Links

Legal Help, Information and Resources