Legal Question in Credit and Debt Law in Massachusetts
civil process threating with a warrant
I got in the mail a warrant for my arrest from civil court deputy. I called them , and the deputy said it could be an old credit card account. So he schedule me for the 24th of July . What may happen if I do not show up ? Although I am going to go how can they threating to arrest me? Also any legal suggestion I done allittle research so , I am going to when the staute is up and for them to show proof that I owe them money etc... Thanks for your time . Todd
2 Answers from Attorneys
Re: civil process threating with a warrant
It appears you may have received a "capias", which pursuant to Massachusetts General Statutes Chapter 224, Section 22, empowers a proper officer to physically bring you before the court to answer for a prior failure to appear in a civil supplementary process proceeding. If you have any further questions or concerns relative to your specific situation, please feel free to contact my office.
Re: civil process threating with a warrant
It sounds like you haven't been opening your mail, or have been ignoring notices from the court.
For a warrant to issue (although this is just a guess), it is likely you failed to appear for a trial and got a default judgment against you. When you further failed to appear in court or pay the judgment, then a warrant for your arrest might issue.
I would immediately contact the court and demand a copy of your entire file. Ask to see the 'docket' and all of the pleadings. The pleadings will 'tell a story' about what has been going on in your absence.
It sounds like the time for negotiating with the credit card (which is usually successful) has passed and now you must deal with the court.
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