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!
2 Answers from Attorneys
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.
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.
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