Legal Question in Credit and Debt Law in Massachusetts
My brother failed to appear in court for a civil lawsuit by a debt collector because he was incarcerated. As a result a capias warrant has been issued because he failed to appear. I notified the court beforehand but to no avail and the debt collector would not discuss it with me. Since he was incarcerated and could not appear what do we do about the warrant?
1 Answer from Attorneys
Your brother needs to inform the court that he is incarcerated. You cannot represent your brother in court because you are not an attorney. If a default judgment was recently entered against your brother for failing to appear, he will need to file a Motion to Vacate the judgment.
Once the judgment is vacated (assuming the debt is valid) he will have to work something out with the creditor. If you want to help your brother, consider hiring an attorney to represent him.
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