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Arrest Warrant Question

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J

Jenilynn

Guest
What is the name of your state? Arizona

I posted a question at the end of July regarding a small claims judgment made against my brother and a subsequent arrest warrant which was issued by the small claims court for this judgment. I have been trying to find some validation for this arrest warrant and why it was issued. On the website of the Arizona Supreme Court it states that "It is not the role or responsibility of the court to enforce or collect the judgment on behalf of the parties." Why would the small claims court then issue an arrest warrant for a default judgment that was entered against him? The statement is also made that "Nobody will send the defendant to prison, and neither the court nor the police will collect for you." Why would the small claims court issue such a warrant and where can we go to find out how to handle it? Does the court itself keep renewing the warrant or does the plaintiff have to go into the court and do it? My brother has been stopped a couple of times for minor traffic violations (both in New Mexico and Nevada) and has been given warnings for both of them, with no mention of this Arizona warrant. I would just like to find some validation behind what is going on.

Thank you for any help or direction you can give on this.
 


JETX

Senior Member
Q1) "Why would the small claims court issue such a warrant and where can we go to find out how to handle it?
A1) As noted before, either you are being lied to by your brother or something else is happening and you are not telling us. As you have properly noted, a civil court can NOT have someone arrested simply for not paying a judgment.

IF the court did render a bench warrant, it must have been due to the court issuing a contempt of court order against your brother.

Q2) "Does the court itself keep renewing the warrant or does the plaintiff have to go into the court and do it?"
A2) A warrant doesn't need to be 'renewed'. It is simply issued and then either terminates upon arrest and custody, or it remains a valid order.

Q3) "My brother has been stopped a couple of times for minor traffic violations (both in New Mexico and Nevada) and has been given warnings for both of them,"
A3) If your brother has been stopped a 'couple of times' for traffic, that might tell you something about the warrant. What makes you think it is a small claims warrant?? It could simply be any criminal warrant issued by a Justice or small claims magistrate. A lot of states have multiple courts presided over by the same judge as small claims. It is possible that the Small Claims judge issued the warrant for other reasons.

Q4) "I would just like to find some validation behind what is going on."
A4) Call the court and ask them.
 

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