Legal Question in Business Law in Colorado

Failing to show up in court regarding judgement

I recently had an optical go out of business so needless to say, I owe a lot of debt. I am getting ready to file Bankruptcy. In the mean time though, I am having many judgements slapped against me. I have summonsed to go to court and on one recent occasion I did not show up. I think it was the 2nd time with the same company. I have no money, no assets, nothing. Today, some policemen came to my work, I wasn't there and had a yellow piece of paper for me. After I found that out, I called the police dept. and asked them what a yellow piece of paper stood for. They told me that it was a warrant for an arrest. I can get arrested for not showing up in small claims court. I owe this company about $500. I will not pay it, this company did really lousy work, they never credited me my returns, and they came to my store(when I had it still) and harrassed me to pay. Literally. I am freaking out because I never had a warrant out for my arrest. First of all can a warrant be issued for not showing up in court? Secondly informing them that I am claiming a BK, is that going to me help me? Please help. Thank you, sincerely.


Asked on 5/10/03, 1:08 am

1 Answer from Attorneys
L. Eric Lundgren Lundgren Law Offices, P.C.

Re: Failing to show up in court regarding judgement

>> First of all can a warrant be issued for not

showing up in court?

The answer is yes and no. In criminal cases, a warrant can certainly be issued for failure to appear. In a civil case, the typical result is a judgement entered against you by default. It may be that you have been summoned for post-judgment deposition to determine the extent and whereabouts of your assets for siezure and sale. If you refused to attend such a deposition and the Court ordered you to appear and you still failed to appear, then a bench warrant is possible.

>Secondly informing them that I am claiming a BK, is that going to me help me?

If you have no assets, large debts, and cannot pay them, then bankruptcy may be the answer. However, how you proceed in bankruptcy is a little more dicey. Was your business a separate entity, such as a LLC or Corporation? If so, were the debts in the name of the entity, your name, or both? Are there any assets of the corporation left? When was the last time you filed for bankruptcy, if ever? What was the result? These are important issues in determining whether you should file individual bankruptcy, whether the entity should file or both. I am not a bankruptcy lawyer, so I will not handle this case for you. However, I strongly advise you to consult a bankruptcy attorney.

I can tell you that the bankruptcy will result in an automatic stay of all attempts to collect money from you. This stay applies to all pending actions and all creditors claims and goes into effect immediately upon filing the petition for bankruptcy. Notice of the bankruptcy filing must be sent to all creditors per the bankruptcy court rules. Again, see a bankruptcy attorney for more information. This should stop any litigation against you for the present. You may still have to appear in court to explain your failure to appear at a court ordered proceeding though.

Although I have said this twice already, I want to repeat it again....Your situation is serious. You really need to consult a bankruptcy attorney for advice on how to proceed.

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Answered on 5/12/03, 11:21 am


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