Legal Question in Civil Litigation in Kansas

Re: Civil Bench Warrant

I don't think you understand all that has transpired. Here is how one gets a bench warrrant issued agaisnt them for a civil matter. Creditor files suit, and obtains ajudgmetn against debtor. They creditor's attorney request a Hearing in Aid. That is where the court orders the debtor to come to the courthouse on a certain day and time, and be examined by the Judgment creditor or his attorney under oath. If the Order to appear is served upon the debtor, and they fail to appear, they can be held to be in contempt of the COurt's Order to appear.

If the Order to Appear and Show Cause why the Debtor disobeyed the Court's Order to Appear, and they again fail to appear, the Court may issue a bench warrant for the debtor's arrest. They bond is usuaaly around $250 or the amount of the debt, whichever is greater. They are being arrested, not for failing to pay the debt, but for failing to appear and be examined, as the Court had ordered.

If there has been no judgment against you, there can be no Order in Aid to disobey, and therefore no need for a bench warrant. If abench warrant has been issued, then you have twice failed to appear after judgment was rendered against you.

Generally the best way out of your situation is to appear before the court, and tell the truth about your limited assets. That will satisfy the Judge's Order and prevent the need for a bench warrant. Many attorneys will agree to examine you outside of court and have you sign an affidavit that you have answered truthfully. They then will no reason to request a bench warrant.

Depeding upon which County this case is in, the Creditor's attorney may request a new Order to appear every 2-6 months.

Good Luck