plcfreeman
Junior Member
What is the name of your state (only U.S. law)? Massachusetts
I won a case but the capias was returned undelivered, reading that a "diligent search" was performed and that the defendant is out of state. I think it's likely that this guy is not out of state and he had someone come to the door and tell the officer this. I also think it's likely that the only search the officer performed was to drive to the house and knock on the door.
I called the court and was told that I could apply for an execution instead of trying to search high and low for the defendant. I would like to make sure that this would be a good next step to take. I've read other posts in the Small Claims forum with the word "capias" in them, so am familiar with what was said in those. I don't have money for a lawyer or PD right now, but I would very much appreciate being pointed to self-help advice and information.
I understand that it's expensive to have someone's vehicle towed but I'm wondering if it would be worth putting it on a credit card because sale of it would be out of the defendant's hands and I could be reasonably sure I would get my money. I'm also wondering if it might be a good idea to have the deputy go back there a couple of times before trying execution, if I can do that through the court. It costs $60 but $50 is returned if capias is not delivered.
I won a case but the capias was returned undelivered, reading that a "diligent search" was performed and that the defendant is out of state. I think it's likely that this guy is not out of state and he had someone come to the door and tell the officer this. I also think it's likely that the only search the officer performed was to drive to the house and knock on the door.
I called the court and was told that I could apply for an execution instead of trying to search high and low for the defendant. I would like to make sure that this would be a good next step to take. I've read other posts in the Small Claims forum with the word "capias" in them, so am familiar with what was said in those. I don't have money for a lawyer or PD right now, but I would very much appreciate being pointed to self-help advice and information.
I understand that it's expensive to have someone's vehicle towed but I'm wondering if it would be worth putting it on a credit card because sale of it would be out of the defendant's hands and I could be reasonably sure I would get my money. I'm also wondering if it might be a good idea to have the deputy go back there a couple of times before trying execution, if I can do that through the court. It costs $60 but $50 is returned if capias is not delivered.