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  1. #1
    Join Date
    Aug 2009
    Posts
    2

    Default A Warrant from the Sheriff

    My question involves collection proceedings in the State of: Massachusetts
    I had a deputy sheriff come to my home while i was working to inform my wife there was a warrant out for my arrest for not being in a court dated back in November. Now i have made an agreement of a dollar amount to pay the lawyer representing the hospital for my bills and are up to date. this agreement is currently 2 years running. This is the second time this has happened in 2 years. I spoke to the laywer and he has resolved the warrant. I am at a loss for info on this subject though as i do not now much about legal things. 1 can they submit a warrant for my arrest after such a long period of time with no notices. 2 should i have recieved some type of notice at all of the court date( i did not get anything). 3 should i consider a laywer to look into this for my own protection. Thanx for your time

  2. #2
    Join Date
    Aug 2009
    Posts
    9

    Default Re: A Warrant from the Sheriff

    Hello,

    I have much experience in this field, and would be happy to help...

    1. you will not get a "warrent for your arrest" or bench warrent for a bad debt, the worst that would happen is a judgment would be filed in favor of the plaintiff, if that is done they can either

    a) COMMON - file a wage garnishment for upto 25% of your wages (if you work an hourly/salary job) if you're on UI, SSN or something like that let me know and I can tell you more

    b) COMMON - bank levy - if they have your banking info (if you made a payment to them with it or gave it to them at ANY time) they can freeze that acct, and take everything over $425 (for Mass) - community property is NOT recognized in Mass though so if you have a spouse with a (NON JOINT) bank acct I'd adv you both start using that one, you can be an additional user and have a card and all, just don't make it a "joint acct"

    c) RARELY - lien on car/home - CAN'T force you to sell though, so if you're not selling this is pointless to them, so they RARELY would do this. (car - only if worth more than 700) (home - only if worth more than 300,000)

    - This is the absolute WORST that would happen, and ONLY if they've obtained a judgement

    Is the warrent possibly for an alternate "criminal" issue?


    2. Yes you would be notified, they would have had a sherrif deliver a "summons & complaint" or a "warrent in debt" which would have either a timeframe to respond within or a court date.

    3. If you're absolutley positive that it's for the debt, then no way... if for an alternate "criminal" issue, call the court or go online to google and type "public access to court information" go to your states site and type in your name, any of your cases with a warrent for your arrest would say so on there, then you can find out how serious the warrent is, sometimes if you get stopped by a cop late at night they will throw you in jail overnight for the warrent only to dismiss it as "time served" b/c you already stayed the night in jail, in most states, "failure to appear" bench warrents are handled like this.


    bottom line, you would not get a "bench warrent" or "warrent for your arrest" for a bad debt, only a "warrent in debt/ S&C" (which you can't go to jail for btw)... let me know and I can keep you advised.

  3. #3
    Join Date
    Aug 2009
    Posts
    2

    Default Re: A Warrant from the Sheriff

    thanx for the info but i am stil unclear on a couple of things. This was not criminal at all nor have i ever had anything. I was unisured for a year with my old job and was unable to pay the bills for some time. my wife informed me that the deputy said it was a "capias?". unsure what that is but this is all for missing a court date that i was never informed about or agreed too. The last time this happened i was called on the phone and was told that if i had missed a court date and that i was to report right away or there wuld be a warrant. now if i missed a court date could that be considered criminial and would cause the warrant. I am pretty sure that the reasons for the original court date was for wanting more monthly money(thats what it was last time) but i had to miss a half day of work for this not to mention the stress. I have been a law abiding citzen and never did anyhting to call for an arrest. On a personal note this is alittle annoying considering that they would spend the time,money, and effort on me for such a small amount of monthly money. Thanx for the help

  4. #4
    Join Date
    Jul 2008
    Posts
    853

    Default Re: A Warrant from the Sheriff

    deadcat- be careful with the advice. Some states DO issue arrest warrants for FTA on civil torts.

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