Legal Question in Credit and Debt Law in Massachusetts
Credit card debt, warrant to show up in court, dealing with collection agency. if I miss the date, a Capias warrant will be served. what does this all mean?
2 Answers from Attorneys
A "capias warrant" is an order from the judge with orders a sheriff or constable to arrest you and bring you to court. This is NOT a criminal matter, but the warrant means, essentially, that you disobeyed a court order to pay a judgment and the judge wants to know why. At this point, you really need an attorney to help you.
It sounds like they have obtained a judgment against you (probably by default) for a balance alleged due on a credit card on which the collection company is now summonsing you before the court in a supplementary process action to examine you as to your abilty to pay. Your failure to appear (or default) will entitle them to ask for a capias (a civil arrest warrant) to have a sheriff bring you before the court for such examination.
You should retain an attorney immediately to determine whether you may still be able to file a motion to revoke the default judgment and raise whatever defenses you might have to the original suit for the debt. Good Luck!