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Thread: Capias Warrant

  1. #1
    bdon is offline Junior Member
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    Post Capias Warrant

    undefinedWhat is the name of your state? Massachusetts
    I received a Capias Warrant for immediate arrest in regards to a credit card payment that was in collection. I failed to make timely payments as ordered. Can I really be arrested for this....Is this a crimminal act? Will I go to debtors prison if I just ignore this!
  2. #2
    Shrike1070 is offline Member
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    Debtor's Prison

    There is no longer such a thing in the US as a debtor's prison. They were done away with in the early 20th century - over 100 years ago.

    However, did you bounce a check to the creditor in question? If so, this can be considered a felony and you can be arrested for this.

    Or, were you served a summons to appear in court for a judgement hearing and not show up for a discover hearing? If so, and you did not show up to court, this can be considered contempt and you could be arrested.

    Please give us more details on your situation.
  3. #3
    bdon is offline Junior Member
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    Capias Warrant

    Quote Originally Posted by Shrike1070
    There is no longer such a thing in the US as a debtor's prison. They were done away with in the early 20th century - over 100 years ago.

    However, did you bounce a check to the creditor in question? If so, this can be considered a felony and you can be arrested for this.

    Or, were you served a summons to appear in court for a judgement hearing and not show up for a discover hearing? If so, and you did not show up to court, this can be considered contempt and you could be arrested.

    Please give us more details on your situation.
    This was not a bounced debt but an old credit card write off that a collection attorney bought. I did show for the original hearing, but missed payments due to seasonal employment.
  4. #4
    JETX is offline Senior Member
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    Quote Originally Posted by bdon
    I received a Capias Warrant for immediate arrest in regards to a credit card payment that was in collection. I failed to make timely payments as ordered. Can I really be arrested for this....Is this a crimminal act?
    A capias warrant is not the same as a criminal arrest warrant. With a criminal warrant, a person is taken into custody because he or she is a suspect in a crime, and once a person has been arrested on a criminal warrant, he or she may have to stay in jail until bailed, released, or acquitted. The purpose of the capias warrant, in a contempt case, however, is to get a person into court for the hearing. With a capias, a deputy sheriff or a constable can arrest the subject and bring him or her to court for a hearing about the contempt case. If the defendant goes to court when the contempt hearing is scheduled, a capias warrant will not be issued.

    [/quote]Will I go to debtors prison if I just ignore this![/QUOTE]
    There is no such thing as a debtors prison, however you could be held in jail until you agree to comply with the contempt order.
  5. #5
    bdon is offline Junior Member
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    Exclamation Capias Warrant

    Massachusetts
    This was not a bounced check but an old credit card write -off that a collection attorney bought. I did show for the original hearing, but missed payments due to seasonal employment. So what happens now....is there any way I can deal with this?
  6. #6
    Shrike1070 is offline Member
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    If you can't pay because you're unemployed, then you can't pay. They can't get blood from a turnip. They can't take away unemployment benefits or social security either, if that is all you are living on. However, just as soon as you get a full time job, they will come a looking with that garnishment order. Any bank account you open, or have open now, will have a lien placed against it and all monies therein will be seized to help re-pay the debt.

    My advice is to show up for court when you are required (as you have said you've already done).
  7. #7
    JETX is offline Senior Member
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    Quote Originally Posted by bdon
    Massachusetts
    This was not a bounced check but an old credit card write -off that a collection attorney bought. I did show for the original hearing, but missed payments due to seasonal employment. So what happens now....is there any way I can deal with this?
    First, since this has gotten to the point of a capias warrant being issued it is far further 'down the road' than you describe. The judgment creditor has already returned to court due to your breach of the original judgment order and has asked for, and gotten, a contempt order from the court. The net result of this is that a sheriff or deputy may come a knockin' at your door, usually at a most inconvenient time and place you under arrest. You will then be transported to the court to explain your contempt to the court. If the court doesn't like your 'reason', they can (and I have done it!), put you in a local cell until you decide to remedy your contempt.

    The only way you can 'deal' with it is by contacting the judgment creditor and trying to resolve this matter.

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