Debtors examination no-show

[Tjjunior]

What is the name of your state (only U.S. law)? California

Initiated a small claims case against a couple. They agreed in writing to a payment plan, then stopped paying against it. I won the case by default when they did not show up (we purposely set the court date after the final payment was due), and they did not appeal. I served them via a process server for a debtors examination, and they did not show up again. What are my options at this point, will a court issue a bench warrant for a $1500 judgment? Any other suggestions? I don't really want to have them arrested, but not sure what other options I have. My process server is fantastic, but I wanted to get some independent advice.What is the name of your state (only U.S. law)?

 

[Roo]

You can't have them arrested. You may be able to file a lien against property or obtain a garnishment.

 

[dcatz]

You can't have them arrested.

Technically, the member is wrong. As a practical matter, the member may be right but not understand why, because a warrant does support a body attachment. If you did want to have them arrested, call your sheriff and ask if they’ll execute on a body attachment. You’ll always be told “yes”, so ask what they really do for a civil contempt warrant. I am not aware of it happening presently in CA and a number of other states, but a different post suggests that MD may be more aggressive.

Will a court issue a bench warrant for a $1500 judgment?

The court will issue one for a $15 judgment as long as you pay the $50 warrant fee. It's your right when the debtor ignores an Order to Appear.

What generally happens is that your debtor is a no-show and you ask for and pay $50 for a civil contempt warrant. Bail may be set at the judgment amount or higher. An active warrant issues. Sheriffs lack manpower, resources and facilities to conduct body attachments. It takes longer to “hook ‘em up” and do the booking paperwork than they’ll stay in jail (and they’ll normally get an OR release, because the jail needs the room and wants them out). Think about your state. Imagine 1,000 no-shows and new civil warrants each day. If the Sheriff tried to execute on all, there would be no time for anything else and no place to put those who were picked up. So normally your $50 gets you a letter or postcard sent to the service address. It tells the recipient to come to court to purge his/herself of contempt, at which time a new exam date is set and you’re notified. It all starts again. The warrant is good for 6 months.

It is an active warrant. If the debtor gets stopped for a traffic ticket, it will show. Then, there’s no choice but to arrest. Your county may be different; I doubt it. The biggest aren’t. Ask.

Not sure what other options I have.

You have many – more than any other state. But they require learning your specific options without the need for a debtor exam, or you can hire a professional, give away part of the recovery but not worry about exams. (Most people get frustrated after 2-3 and, by then, you’ve spent a couple $100 on orders, service and warrants.) Otherwise, look for self-help centers on your court's web site, buy a book on collections or ask at forums for collection professionals.

 

[Tjjunior]

Thanks for the info, Dcatz. I called the Small Claims Advisory service (free service from the county) and they confirmed it basically like you said. They will put a warrant out, but most likely would not act on it unless they were pulled over for a traffic stop or something.

As fate would have it, I actually got a response from them today. Whether an active warrant out against them or it going on their credit report was the bigger fear, they broke 6 months of silence and have now promised to pay within 30 days. Of course I'm not holding my breath on that, but maybe I'll get lucky. Thanks for taking the time to give a thoughtful reply, much appreciated.

 

[dcatz]

Happy you got the call. A final thought then. When/if you get that kind of call, suppress the frustration and anger that you may already feel. Instead, be attentive and understanding of reasons for the payment delay/default. Converse. Question. It’s a free debtor’s exam, and people like to talk about themselves. It’s a chance to get current information about any number of issues that can aid in involuntary recovery, if the promise is broken.