Legal Question in Credit and Debt Law in New York

Warrants

Is it possible for a collection Agency to put out a warrant for your arrest. And can i ask to see a copy of a warrant that they claim they have, To see if a judge sign it, Or does a judge have to sign it.


Asked on 5/04/05, 7:43 am

1 Answer from Attorneys

Kevin Connolly Kevin J. Connolly

Re: Warrants

Not in New York. There used to be a procedure called "body execution" or capias ad respondendum, but it was repealed long ago.

HOWEVER, if the creditor has secured a judgment and served you with a subpoena to disclose where and what your assets are, and you fail to appear or you lie about your assets, you can be held in contempt of court; and for THAT, you can go to jail.

Assuming that yo have not committed a contempt of court, the threat to imprison is an over-the-top violation of the Fair Debt Collection Practices Act. You can sue for this, and the creditor not only gets zinged for damages and penalties but it also has to pay your attorney's fees.

This post is not legal advice and does not create an attorney-client relationship. It is a comment on the legal question posed by the poster and should not be relied upon unless and until an attorney-client relationship is entered into. Doing so would require signing an engagement letter and depositing a retainer to secure payment of legal fees.

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Answered on 5/04/05, 9:11 am


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