Legal Question in Credit and Debt Law in Nebraska
Small claims court
Can I be arrested for not showing up to a civil/small claims trial? I was threatened with it.
1 Answer from Attorneys
Re: Small claims court
A capias warrant (bench warrant) can be issued by the Court if you fail to appear at a hearing at which your presence is demanded by the Court. So if you have received a subpoena to testify or an order to appear at a hearing in aid of execution, for example, and you don't go, the Court can issue a warrant. If it's actually a small claims trial, and you haven't been commanded to appear (but rather just notified of the trial date) then you are not violating a Court order, and a bench warrant can't issue. If you're the defendant though, and you don't show up at trial, you can expect a judgment entered against you. If you're the plaintiff, you can expect the case to be dismissed.