+ Reply to Thread
Page 1 of 2 12 LastLast
Results 1 to 15 of 19
  1. #1
    daffan is offline Member
    Join Date
    Nov 2004
    Posts
    39

    Need to get bench warrant issued

    What is the name of your state? California

    When civil turns quasi-criminal

    I am a plaintiff in an unlimited civil case. The defendants responded to my complaint back in August but have refused to to participate in discovery. I need the discovery because it is a fraud case and their are other folks involved.

    I filed an OSC Re: contempt. I did not do this ex parte. I got the judges signature and properly notified the accused party by personal service. They did not attend the OSC hearing. The judge signed my order of contempt against them. It included a judgement of arrest AND $1000.00 to me.

    When I go by California Pleading practice and procedures for contempt..I am under the impression that the court will issue a bench warrant by either agreeing with my proposed order or because the defendants did not appear or maybe even both. The defendants did not appear.

    Now the court clerk tells me it is my responsibilty to do whatever procedures are necessary to get a bench warrant. I thought I did.

    Apparently this contempt procedure is not done much outside of family court and the procedures are different. The truth is, the clerks and the sheriff seem somewhat uncertain about procedure.

    The sheriff tells me he gets the order and the warrant from the court. The clerk tells me once I get the warrant...I have to take it the sheriff, not the court.

    I have been researching criminal law since I've been told that is what I need to follow. All day at the libray and the only thing I can find is frankly the same as civil.

    Either a warrant of attachment OR OSC for contempt needs to served on the accused. If they don't show, the COURT will issue a bench warrant (body attachment?).

    Since I need them arrested (they won't show up otherwise), I need the correct procedure to get a warrant AFTER a court has issued an Order for Contempt and this has to be done by me...not the court. I am not shy about research or putting together proper paperwork but I can't find ANYTHING on this, even in the law. Please help.
    Last edited by daffan; 03-18-2005 at 04:45 PM.
  2. #2
    seniorjudge Guest
    [url]http://www.co.marin.ca.us/depts/MC/Forms/Body_Attachment_and_Warrant_of_Arrest.pdf[/url]
  3. #3
    daffan is offline Member
    Join Date
    Nov 2004
    Posts
    39
    Bless you.

    This for a different county as I am in Los Angeles county and cannot find any forms like this. Can I write it with pleading paper? Also, do I introduce it as a motion? Just submit it? Set a hearing, what?
  4. #4
    daffan is offline Member
    Join Date
    Nov 2004
    Posts
    39

    Anybody know the procedure?

    I got a court order for contempt against defendants who are thumbing their noses at the court. But the court clerk has told me the court does not automatically issue a warrant. The order says the defendants are to be arrested and held until they abide by the conditions of the order which has to do with discovery matters.

    I am told I am the one who needs to request a "body attachment". I cannot find the procedure in civil OR criminal law or procedural guides. I am ALSO told I am the one who actually delivers the order and warrant to the sheriff. All the attorneys I've talked to are confused as is the sheriff.

    Does anybody out there know how to request and get a warrant of arrest for "body attachment"? Is this called capias ad satisfaciendum. I am in LA county.

    Any criminal law experts out there? This is a civil case but the clerk also said to talk to a criminal lawyer. It is a procedure rarely done outside of family court (of which this isn't). However, lots of articles out there on how hospitals are using this to get debtors to pay them. They have a hearing and when the debtors don't show, they charge them with contempt and get a body attachement issued. HOW?

    California law CCP section1212 says I need a "warrant of attachment" OR an OSC. Either one compels the defendant to attend a hearing. I did this via OSC. The defendant did not attend. Then 1212 goes on to describe how the can issue a bench warrant.

    So I believed when I went to the hearing and the defendant did not appear, the judge would issue a warrant. Was I supposed to ask for it then?

    Also, the judge signed MY proposed order which was more about indirect contempt. The non-appearance was more direct contempt.

    Any clues where I can find this info? Keep in mind, I do searches on the net AND spent time in the law libraries. I've seen a lot. Did I miss somehting? Looking in the wrong place?
    Last edited by daffan; 03-20-2005 at 02:22 PM.
  5. #5
    CdwJava is online now Senior Member
    Join Date
    Feb 2003
    Location
    California
    Posts
    27,500
    Here's likely the best one-stop court site for CA courts: [url]http://www.courtinfo.ca.gov/[/url]

    Since the info here is statewide - and published BY the state, it is good virtually in all state courts.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  6. #6
    daffan is offline Member
    Join Date
    Nov 2004
    Posts
    39
    I appreciate the reply.

    Certainly I am aware of this site, but alas it does not answer my inquiry.

    The ccp says after an order a "warrant of commitment" can issue. How can I get a warrant of commitment?

    Am I to believe no one but the court clerk has ever heard of a procedure to get a "body attachment"? It is most likely criminal procedure. References in penal code and civil code. Doesn't tell me how to get a warrant...just that the court can issue them.

    If YOU had a court order for arrest due to contempt...what would you do next to get the party arrested?
    Last edited by daffan; 03-20-2005 at 06:00 PM.
  7. #7
    seniorjudge Guest
    If YOU had a court order for arrest due to contempt...what would you do next to get the party arrested?

    Carl would ask the DA.
  8. #8
    CdwJava is online now Senior Member
    Join Date
    Feb 2003
    Location
    California
    Posts
    27,500
    Quote Originally Posted by daffan
    I appreciate the reply.

    Certainly I am aware of this site, but alas it does not answer my inquiry.

    The ccp says after an order a "warrant of commitment" can issue. How can I get a warrant of commitment?

    Am I to believe no one but the court clerk has ever heard of a procedure to get a "body attachment"? It is most likely criminal procedure. References in penal code and civil code. Doesn't tell me how to get a warrant...just that the court can issue them.

    If YOU had a court order for arrest due to contempt...what would you do next to get the party arrested?
    Sorry. You'll have to talk to an attorney about that. I have known of only two warrants issued as a result of civil cases, and I have no idea where they came from or how to go about getting them.

    If I had to do it, I'd have hired an attorney from the start.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  9. #9
    daffan is offline Member
    Join Date
    Nov 2004
    Posts
    39
    Seniorjudge, I hope that is a helpful hint. I am going to call today.

    Carl, thanks for the advice but a. I have talked to litigation attorneys and they are scratching their heads b) haven't heard back from criminal attorneys c) that's why I am putting the question out there d) I'm always happy to hear that others can afford an attorney, glad to hear it and e) What attorney would I hire if I can't find one that knows how to do this?

    I am still putting the question out there...have any of you reading this ever obtained a warrant?
  10. #10
    daffan is offline Member
    Join Date
    Nov 2004
    Posts
    39

    update

    Okay, I called the DA. No help. Said to call the Public Defenders Office. No help.

    Talked to two criminal attorneys who said the judge issues the warrant from the bench if it is contempt of his/her own valition.

    Let's try the question a different way. Let's say you issued a deposition subpoena and the witness refused to respond and/or show. Now you want them brought in on contempt. In this case you might have a warrant attachment but their appearance is voluntary for the hearing. But they still don't show and the judge does not automatically issue a bench warrant. How do you tell the court later that you want a warrant for their arrest?

    OR anyone know how to get a "warrant of commitment"?
  11. #11
    seniorjudge Guest
    Q: How do you tell the court later that you want a warrant for their arrest?

    A: Say, in writing, "Judge, I want a warrant for their arrest."

    Write the judge a letter, explaining what has happened so far (leaving out all editorial comments) and tell the judge what you want. Ask for a hearing date on your motion. Send copies of your letter to every other party and their lawyer. Follow up. Get a hearing date and tell your side.
    Last edited by seniorjudge; 03-21-2005 at 04:38 PM.
  12. #12
    daffan is offline Member
    Join Date
    Nov 2004
    Posts
    39
    Just spoke with another court clerk who says I have to submit an ex parte "application" for whatever I want. In this case, a body attachment. He says he has the form for a body attachment so I don't have to write the actual warrant. Then the court will send to sheriff. This is VERY different from what the other clerk says and yes I understand it may not be correct. But for heaven's sake the attorneys I've talked to don't know. A criminal attorney I spoke with said he would just schedule a hearing "to be heard" and point blank ask the judge to issue a warrant. But everyone still thinks I have something to prove which I don't. The judge has already heard evidence and agreed and has signed the order. If this new clerk is right, now all I need is an example of an application for an arrest warrant. Haven't found a form for this in the library thus far. Any ideas?

    Seniorjudge: you said "A: Say, in writing, "Judge, I want a warrant for their arrest."

    Write the judge a letter, explaining what has happened so far (leaving out all editorial comments) and tell the judge what you want. Ask for a hearing date on your motion. Send copies of your letter to every other party and their lawyer. Follow up. Get a hearing date and tell your side."


    I can certainly do this. But why would I send a copy to the other party? They have already recieved a copy of the order not to mention ample opportunity to argue against the contempt charges. I thought the sheriff notifies them of the warrant. Is this just a courtesy or is it necessary? Also, the arrest warrant isn't for just picking them up if they happen to get pulled over for a traffic violation or something else. This is a warrant to go out and aggressively find these folks and bring them in.

    Also...do you mail a letter to the judge or just submit it to him through the file clerks? Or is it submitted as a formal written motion?

    Note: I even went down to police station for advice. They of course have the DA go through this process.

    Thanks for helping. I'm a bit shell shocked at this point.
    Last edited by daffan; 03-21-2005 at 07:33 PM.
  13. #13
    hemingway is offline Member
    Join Date
    Feb 2005
    Posts
    234

    Smile

    [url]http://www.lasd.org/divisions/tsdiv/record_id/ri_ovrview.html[/url]
    this has the body!



    [url]http://www.occourts.org/locforms/l1166.pdf[/url]

    I am not a lawyer. good luck!
  14. #14
    daffan is offline Member
    Join Date
    Nov 2004
    Posts
    39
    Hemingway,

    Thanks for the info. Should I ever manage to secure a warrant, it will give me a good idea of what to provide the sheriff even though it is a different county.
    Last edited by daffan; 03-22-2005 at 04:14 PM.
  15. #15
    daffan is offline Member
    Join Date
    Nov 2004
    Posts
    39
    I was just told I need a form called "Attachment for Defaulter" form number 76A740 (Rev. 6-83) B19. I can't find it anywhere. Anyone ever hear of this? When I google it, it seems it is for folks who owe you money but I was told it is the civil form for a body attachment.

Similar Threads

  1. Bench Warrant Issued While I was incarcerated!!!
    By lobster1979 in forum Arrests, Searches, Warrants & Procedure
    Replies: 3
    Last Post: 06-06-2007, 04:24 AM
  2. Bench Warrant Issued for Failure to Appear
    By cyfiro in forum Arrests, Searches, Warrants & Procedure
    Replies: 9
    Last Post: 02-18-2007, 07:58 PM
  3. bench warrant issued-should I enforce?
    By daffan in forum Civil Litigation
    Replies: 0
    Last Post: 03-16-2005, 01:39 PM
  4. can a bench warrant be issued for failure to appear for a TRO hearing?
    By pixelatedpixie in forum Arrests, Searches, Warrants & Procedure
    Replies: 1
    Last Post: 01-03-2001, 08:05 PM
  5. A Bench Warrant issued in another state
    By AMS in PA in forum Family Law Archive
    Replies: 0
    Last Post: 10-01-2000, 10:53 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.