HELP! Second Capias Issued, What Now?

[toni0133]

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

Went back to small claims court today for a payment review hearing and as expected, the defendant did not show. This is after I have had him arrested once (in August) when he stood in front of a judge and agreed to a payment schedule -- and then he was released. He owes me over $7500 since I was awared triple damages under Chapter 93A (consumer protection). To date, I have not seen a dime.

Today, I was told I will get another capias that I will have to enforce. I'll do so, but when does this end? When will I see justice (and money)? I feel like this is a never-ending process with no results. I mean, will they let him go AGAIN once I have him arrested AGAIN? Do I have any rights here? After all, I am the victim ... feel like he gets away with no recourse. Just so frustrated and out so much money. Any help/guidance is appreciated.

Best,
T

 

[Indiana Filer]

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

Went back to small claims court today for a payment review hearing and as expected, the defendant did not show. This is after I have had him arrested once (in August) when he stood in front of a judge and agreed to a payment schedule

How did you get someone arrested on a civil claim?

 

[dcatz]

Take a look at this recent thread. To a greater or lesser extent, it sums up your situation as well.
https://forum.freeadvice.com/small-claims-courts-24/debtors-examination-no-show-435639.html

Whether called a writ of capias, a civil contempt warrant or civil writ for body attachment, it happens regularly in SC courts, and the only distinction is likely to be how much further your jurisdiction is willing to go if it re-occurs. Will they bring him in again and set a higher bail? Will he come in voluntarily (apparently not)? If they bring him in, will they allow you to conduct an asset exam before releasing him? Debtors’ prisons were abolished; they won’t hold him.

The best answer is to develop enforcement information in another way and without the need for the appearances. Enforcement tends to be debtor-specific and your post doesn’t suggest what options you may have. Your alternative is to use a collection professional.

 

[toni0133]

Sorry, I am confused a bit. One capias was issued, had that one enforced, he appeared in front of the judge, made the payment deal with me standing there, and then he was released. Had a payment review yesterday (he did not appear) and now I am being issued another capias.

So, you're saying that if I have him arrested AGAIN they won't hold him considering he is in contempt? What's the point then? I want this a$$hole to pay -- either in time or money. Also, what other debtor options do I have? The courts have offered NO guidance on how I can proceed besides issuing capias after capias. He owes me almost $8,000 now. I can't let it go.

 

[dcatz]

I don’t think you’re confused as much as frustrated, because you seem to get the idea. The court will give you the right to collect, but it won’t collect for you and, while jurisdictions differ in how punitive they’ll be about civil contempt, the bottom line is that he may be arrested and held briefly, his bail for the “next time” may be increased and other things may happen in MA that don’t regularly happen elsewhere, but he’s not going to be imprisoned and you could keep going through this same routine like you were trapped in the movie Groundhog Day.

Courts give you the tools to enforce. They don’t do it for you or give you a roadmap. You have to figure out how to use the tools on the debtor that you have. We can’t offer options. You’ve posted twice and we know nothing about the debtor. Is he employed or does he own a business? Does he own property? Are you willing to spend to force compliance? Etc. etc., etc.

This is not a suggestion to post his CV, but it is a suggestion to assess what assets there may be and assume that you’ll have to take them involuntarily. If that entails too much of your time and/or money, retain an aggressive local professional (and I mean attorney, not collection agency). Let someone else use knowledge, experience and data resources that you don’t have to do the job for you. Otherwise, develop those skills and resources yourself, because this is not going to change soon.