Legal Question in Credit and Debt Law in Massachusetts

Capias Warrant for Contempt of Court
I received an Arrest Warrant Notice for failure to appear to answer for an alleged contempt of court. It is for a civil judgement against me on which I have been making payments without fail for the last two years. I haven't received a summons for a supplementary process in over two years, and I never received a summons to answer for the alleged contempt of court. Every so often The plaintiff's attorney would threaten me with a capias, but would always back down when I would prove that the payments have been made. The payments were made directly to the plaintiff's attorney, so they have a record of the payments. It doesn't help that the warrant notice was not mailed to me until 9 days after it's issuance, and I received it on a Saturday, so I have no way of clearing this up until Monday. The notice says that I must be at the Courthouse two weeks from today. But in the meantime, what recourse do I have so I don't get arrested between now and the date that I must report to the sherriff.

Asked on 4/19/08, 6:49 pm

2 Answers from Attorneys

JOHN TATOIAN LAW OFFICE OF JOHN A. TATOIAN ESQ.*Licensed Only in Massachusetts

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Re: Capias Warrant for Contempt of Court

Generally speaking, pursuant to Massachusetts General Laws Chapter 224, Section 14, a judgment creditor may file an application for supplementary process, which summons the judgment debtor to appear in court so that the judgment creditor can examine the debtor as to the nature and extent of his/her assets available to satisfy the judgment. Usually, a payment scedule is ordered by the court at such proceedings, pursuant to Massachusetts General Laws, Chapter 224, Section 16. If the debtor fails to comply with the order of payments, the court may treat that as a contempt of court, punishable by a fine of not more than $20 or imprisonment for not more than 30 days. I would suggest providing direct documentary evidence to the plaintiff's attorney of your compliance with the court's order ASAP. Please feel free to contact my office for a free initial assessment of your specific situation.

Answered on 4/22/08, 12:29 am

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