Legal Question in Civil Litigation in Tennessee

Law Suit Filed

Hi,

My boyfriend received a Civil Summons to appear in court on Wednesday (2/21/07) for non-payment of a car loan; the amount he owes is $3413.29. He is being sued by the bank that loaned him the money back in June of 2005. He seems to think that if he does not show up, the court will simply assume he cannot pay and will not file a warrant for his arrest since this case is civil instead of criminal. I'm afraid that a warrant will be filed and that he will be arrested, causing more legal problems for him. My question is this: What will happen if my boyfriend does not show up for his court date; can the court put out an arrest warrant for him?

Thank you -


Asked on 2/20/07, 1:43 am

1 Answer from Attorneys
James R. Becker, Jr. Becker Law Firm

Re: Law Suit Filed

It is very unlikely that an arrest warrant would be issued for a failure to appear at a civil hearing. What is much more likely is that your boyfriend will have a default judgment taken against him. This will mean that the creditor will then garnish his wages and possibly levy on any bank accounts that he may have.

The head in the sand approach may work for ostriches, but it typically does not work so well with litigation.

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Answered on 2/20/07, 9:28 am


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