Legal Question in Civil Litigation in District of Columbia

Bench Warrant

Today, I received in the mail a forwared copy via USPS of Bench Warrant from the Smalls Claim Court.

The Bench warrant stated that I failed to appear in court but I did not know I had a court date. The address that is on the Bench Warrant was my old address that I have not lived at in 2 months now.

What do I need to do to appeal this Bench Warrant? Is it possible to have a Bench Warrant Ordered to me if it is to the wrong address? because arent you supposed to have the address of the person you are trying to sue?

The woman whose name is on the order knows that I have not lived there for two months now but she apparenly filed a case against me knowingly that I do not live there and yet she is using that address...is that legal?

The bench warrant also states that I was given proper notification to respond, but I was not given anything, I was not given a summod to appear and if I were where did it go, to my old address and who was served with the papers? I was not, I do not live there or received anything but the Bench Warrant in the mail today.

How do I go about fixing this issue? I also do not live in the state anymore. Please Help!


Asked on 4/25/08, 9:23 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Bench Warrant

You could merely ignore the bench warrant if you no longer reside in DC and hope that you're never stopped by DC law enforcement if you happen to be visiting the city and a check is made on you for outstanding warrants. (And, no, DC will not send this type of warrant to another state to have you extradited.)

Or, you could contact the U.S. Marshals Service or whatever agency that was responsible for issuing the warrant and arrange to surrender.

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Answered on 4/26/08, 11:11 am


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