Legal Question in Civil Litigation in Massachusetts

UPDATED: RE: Capias Warrant

I have a Capias Arrest warrant issued against Circuit City. I am the judgment creditor and Circuit City is the judgment debtor.

The court issued the civil arrest warrant against the judgment debtor (Circuit City). A letter from the court tells me to send the capias warrant to a constable or sheriff who will then detain the judgment debtor and bring him/her to the court.

My question is as follows: Who shall the constable or sheriff arrest when they go to Circuit City? Do they detain the store manager? The minor-bagger? The cashier? The founder of Circuit City himself?

Please advise. THANKS!


Asked on 1/08/09, 10:19 am

2 Answers from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: UPDATED: RE: Capias Warrant

At this stage you are a creditor to a bankruptcy, and you should file a claim with the bankruptcy court.

Read more
Answered on 1/19/09, 5:45 pm
Edward Wiest Edward R. Wiest, PC

Re: UPDATED: RE: Capias Warrant

Insofar as Circuit City is in Chapter 11, any attempt to serve a capias may be deemed to be a violation of the stay of all collection proceedings against Circuit City, exposing the creditor to a claim by Circuit City. I would take no further action on the capias without consulting counsel familiar with bankruptcy law.

Read more
Answered on 1/08/09, 3:11 pm


Related Questions & Answers

More General Civil Litigation questions and answers in Massachusetts