+ Reply to Thread
Results 1 to 9 of 9

Thread: Body Attachment

  1. #1
    LolaO is offline Junior Member
    Join Date
    Aug 2007
    Posts
    8

    Body Attachment

    Maryland

    I am being pursued by a debt collector and now have a body attachment on me for failing to appear in court. My recollection of events is never having been served originally (I think they served my aunt and then sent sherrifs to my exhusband's new address), but while in court for a hearing in my divorce, I was served with papers for contempt of court. Looking at the papers, I only see the debt collectors name and a huge judgment. I have no idea who the original creditor is, but I know I have never had a credit card with a limit anywhere near the judgment amount. So it's all fees.

    I was scared and immature about it. I had also just started a new job and had taken off my second day for my divorce hearing, felt I couldn't take another day off. Plus that day was my birthday. I didn't show.

    I searched the case and saw a request for body attachment, $500 cash only forfeitable. What does that mean and what can I do about it? I have my final divorce hearing very soon and clearly this is not looking good. I obviously don't want to be arrested.

    The back story is my husband left and hasn't supported me. I rob peter to pay paul every month to make ends meet and have been hiding from creditors for two and a half years now.
  2. #2
    cyjeff is offline Senior Member
    Join Date
    Sep 2008
    Posts
    8,560
    Quote Originally Posted by LolaO View Post
    Maryland

    I am being pursued by a debt collector and now have a body attachment on me for failing to appear in court. My recollection of events is never having been served originally (I think they served my aunt and then sent sherrifs to my exhusband's new address), but while in court for a hearing in my divorce, I was served with papers for contempt of court. Looking at the papers, I only see the debt collectors name and a huge judgment. I have no idea who the original creditor is, but I know I have never had a credit card with a limit anywhere near the judgment amount. So it's all fees.

    I was scared and immature about it. I had also just started a new job and had taken off my second day for my divorce hearing, felt I couldn't take another day off. Plus that day was my birthday. I didn't show.

    I searched the case and saw a request for body attachment, $500 cash only forfeitable. What does that mean and what can I do about it? I have my final divorce hearing very soon and clearly this is not looking good. I obviously don't want to be arrested.

    The back story is my husband left and hasn't supported me. I rob peter to pay paul every month to make ends meet and have been hiding from creditors for two and a half years now.
    The court is not interested in excuses about why you didn't show up for court. The court date being your birthday is certainly not a valid reason for not showing up in court.

    So... you DID know about the court date but decided to hide. That doesn't work very well... because now you have the original debt plus legal fees and court costs to deal with.

    How much is the settlement for?
  3. #3
    Antigone* is offline Senior Member
    Join Date
    Dec 2007
    Location
    In honor of JetX ~ Somnambulist University
    Posts
    21,221
    Quote Originally Posted by cyjeff View Post
    The court is not interested in excuses about why you didn't show up for court. The court date being your birthday is certainly not a valid reason for not showing up in court.

    So... you DID know about the court date but decided to hide. That doesn't work very well... because now you have the original debt plus legal fees and court costs to deal with.

    How much is the settlement for?
    Aw... Come on Jeff, it was her birthday. You couldn't expect her to take time away from that special day to deal with something so piddly
    Last edited by Antigone*; 03-19-2009 at 11:49 AM.
  4. #4
    FlyingRon is offline Senior Member
    Join Date
    Feb 2007
    Posts
    16,423
    Quote Originally Posted by LolaO View Post
    . I have no idea who the original creditor is, but I know I have never had a credit card with a limit anywhere near the judgment amount. So it's all fees.
    At the typical 30%+ they charge delinquent accounts these days it can add up to a lot just on interest alone.
    I searched the case and saw a request for body attachment, $500 cash only forfeitable.
    It means that the judge is pissed off. While you could have probably gotten the original contempt and judgment dismissed for lack of service, after you were served and you blew off court means he wants to see your ass in front of him. It means that the sheriff (or whoever) will arrest you and not let you go until you fork over $500 which if yoiu don't show up at the next court date will not be returned to you.
    The back story is my husband left and hasn't supported me. I rob peter to pay paul every month to make ends meet and have been hiding from creditors for two and a half years now.
    What has that to do with blowing off going to court? Hiding from the creditors doesn't work. They know where you are and they don't really care either if they can just get default judgments because you refuse to show up to answer the complaints.
  5. #5
    cyjeff is offline Senior Member
    Join Date
    Sep 2008
    Posts
    8,560
    I would also add that the way to hack off a judge is to be served in another court room.

    This tells the judge for your delinquency "Lola doesn't have a problem showing up for court... just MY court. Let me see what I can do to become a priority in Lola's life...."
  6. #6
    LolaO is offline Junior Member
    Join Date
    Aug 2007
    Posts
    8
    Okay, I get that I was wrong, and I am in big trouble. So what should I do? Just wait to be arrested? I am planning on filing bankruptcy. My plan was to get a payday loan to cover the $500 fee, ask for a later court date and either make an arrangement to pay a nominal amount each month or see what I can do about getting this in bankruptcy. I haven't received any notice about another court date. And I have forwarded all of my mail to a PO Box so no, they don't really know where I am.

    Because I just had to do my financial statement for my divorce, I can tell you my current living expenses are $1300 over my income. Well, this makes sense because my ex is supposed to pay me $1400 each month in child support and alimony. Of course he is more than $20K in arrears. When I filed for contempt, he agreed to work things out so I dropped it and of course he continues to not pay.

    From what I can tell, this was filed in 2006, a judgment was granted for $1820, plus $323 interest and $50 court costs.

    On the last date, this is what I see:
    PLN PRESENT, DEF NOT PRESENT - REQUEST BODY ATTACHMENT
    $500.00 BOND CASH ONLY, FORFEITABLE

    I don't want to make excuses, I work 10 hours a day, commute 1 1/2 hours each way and stay up long hours every night trying to find ways to earn more money and reduce my expenses. I was a stay at home mom when my ex disappeared, so I have been trying to catch up for years. I am an exhausted single parent and I need help. What would you do?
  7. #7
    FlyingRon is offline Senior Member
    Join Date
    Feb 2007
    Posts
    16,423
    Take $500 down to the courthouse and post bail. You don't actually need to be arrested if you're proactive.
  8. #8
    HomeGuru is offline Senior Member
    Join Date
    May 2000
    Location
    Catatonic State
    Posts
    81,918
    Maybe the OP is waiting for the second body attachment; a nose ring.
  9. #9
    Rexlan is offline Senior Member
    Join Date
    Nov 2004
    Posts
    1,163
    I am waiting for Demi Moore to make a body attachment on me! I will surrender but I will NEVER pay the bail!

Similar Threads

  1. Body Attachment
    By purpleblurple in forum Child Support
    Replies: 3
    Last Post: 02-20-2011, 11:49 AM
  2. body attachment
    By sandrabott in forum Child Support
    Replies: 0
    Last Post: 02-01-2009, 09:54 AM
  3. Body Attachment
    By gejewels in forum Child Support
    Replies: 6
    Last Post: 10-03-2006, 05:41 AM
  4. Body Attachment
    By elaine60 in forum Small Claims Courts
    Replies: 0
    Last Post: 05-09-2004, 06:25 AM
  5. body attachment
    By anglin_82 in forum Arrests, Searches, Warrants & Procedure
    Replies: 0
    Last Post: 05-22-2003, 10:21 AM

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.