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Bench Warrant

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rourkcm

Junior Member
What is the name of your state? Indiana

Can a judge issue a bench warrant for not appearing in a civil matter. My old landlord is sueing me for supposed damages and I did not show up at the court date because I am unemployed and have no real assets or money to pay them.
 


rourkcm said:
What is the name of your state? Indiana

Can a judge issue a bench warrant for not appearing in a civil matter. My old landlord is sueing me for supposed damages and I did not show up at the court date because I am unemployed and have no real assets or money to pay them.
Usually the first thing that happens when a party doesn't "show up" is that a default judgment is issued in favor of the plaintiff.

If you, as the defendant, still don't pay, then it goes to a pro supp proceeding (proceeding supplemental). My guess is that you're at that stage because that's the stage you're most likely going to get a bench warrant to make sure you appear. And, yes, judges can do that in Indiana. I've seen it. He's undoubtedly given you a court order to appear and you've thumbed your nose at that.

If you are to the pro sup stage these aren't "supposed damages." They are damages that have been determined by the court to be true and you have been ordered to pay. (Which can happen through a default judgment if you don't show up.)

As a side note, you need to accept a little more responsibility. You can't just not show up to court proceedings and evade responsibility.
 
S

seniorjudge

Guest
"...Can a judge issue a bench warrant for not appearing in a civil matter...."

No
 

JETX

Senior Member
rourkcm said:
What is the name of your state? Indiana

Can a judge issue a bench warrant for not appearing in a civil matter.
'RubySlippers' has gone off into the netherland again with his 'vague and imaginary' response.

The CORRECT answer to your question, as answered by SJ, is NO!! The court will NOT issue a warrant for your failing to appear at a civil hearing. The hearing is your opportunity to present your 'defense' to the claim made against you by the other party, the landlord in this case. You don't (or didn't) appear, so a default judgment was very likely rendered against you, in favor of the plaintiff (landlord).
 

HomeGuru

Senior Member
rourkcm said:
What is the name of your state? Indiana

Can a judge issue a bench warrant for not appearing in a civil matter. My old landlord is sueing me for supposed damages and I did not show up at the court date because I am unemployed and have no real assets or money to pay them.
**A: that was not a very good reason for not showing up.
 

I AM ALWAYS LIABLE

Senior Member
My response:

Incredible. Rheetard can't even get an answer correct for HIS own State!

Don't listen to Rhubarb the Rheetard. He learned law at "Cracker-Jacks University" - - which, if I'm not mistaken, is in his hometown of "Cheerios County", Indiana.

IAAL
 

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