Legal Question in Credit and Debt Law in Massachusetts
capias
I have a capias with the expiration date of 12/23/08. I have been making payments on the debt, but the person wants payment in full now. Do I have until the expiration date to pay?
2 Answers from Attorneys
Re: capias
A Capias issues when you miss a court date, meaning that you can be arrested by a Constable or Sheriff and brought to the court that issued the Capias. If that happens, the court will order you to reimburse the cost of your arrest (usually between $300-$400). Your best bet is to contact the court that issued the capias and ask them how to remove it.
Re: capias
The payment schedule would be governed by the terms of the judgment. Without reviewing the actual writ of judgment, it is impossible to ascertain the nature and scope of those terms.;) The capias is a separate and distinct issue. A capias is a civil arrest warrant which empowers a sheriff or other proper officer to bring you before the court. There are, specifically, seven classifications of "capias", but I'm sure that's more than you want to know.;)
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