Legal Question in Credit and Debt Law in Massachusetts

i was on vacation, came home and had a capias warrant of arrest notice for credit card debt that was supposedly today. if i bring my account current with the credit card company's lawyers who sued be in small claims, will they pull back the capias warrant? what should i do?


Asked on 8/05/15, 2:48 pm

2 Answers from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

Thank you for your question.

You should call the attorney who requested the capias right away and find out how much money they will require to call off the capias. The arrest warrant issued because you had a payment review hearing in court and didn't attend. Contact the attorney to find out what is owed and what sort of a payment plan or other arrangement will be necessary to avoid arrest. If he or she is not being reasonable, go to court and speak with the clerk to explain the situation and request another payment review hearing. Depending on the amount of the debt, you may want to retain a firm like ours to assist you.

Read more
Answered on 8/06/15, 4:43 am
Dmitry Lev The Lev Law Firm

A capias is a civil arrest warrant, meaning the police won't arrest you if you are randomly stopped for a traffic infraction or similar. The lawyers for the credit card company have to request an arrest through a Sheriff or constable, and usually they give you multiple chances to come to court on your own for the hearing that you missed. You are correct, though, if you pay the debt or make an arrangement, they will cancel the capias.

Read more
Answered on 9/08/15, 7:21 am


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Massachusetts