small claim question

[pamc01]

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

We have a problem and probably a huge one now. We were sued by a dentist for non payment. Lots of financial problems have kept us from paying, which brought this to court unfortunately. My husband was on disability from an accident last yr and upon returning to work fell through the cracks with this terrible economy. He also was on unemployment up until a month ago. The court found in honor of the plaintiff back in March. We missed the hearing today to provide income verification as neither of us could afford to miss work. Is is quite possible that a warrant will be issued for a failure to appear? I really want to pay these people off of course! I haven't obtained a lawyer due to financial problems. What may be the next steps. I'm scared of being arrested but know I have to put food on my table and can't afford to miss work. Is it common to issue warrants in cases like this where someone missed court or will we get another chance to make it right??

 

[latigo]

Yes, it is possible that you could be arrested.

The Indiana Code (Proceedings Supplementary to Execution IC 34-55-8-1 et seq.) provides a judgment creditor with strong post judgment remedies, including applying for an order of arrest and bail” issued to the county sheriff. (IC 34-55-8-3)

I suggest that you promptly call the attorney for the judgment creditor – explain why you didn’t comply with the subpoena – and ask that the debtor’s examination be rescheduled.

 

[pamc01]

I found out on the court website that a contempt citation/rule to show cause hearing has been scheduled for late Sept. can anyone advise what this process will be? Will I be served papers again? Can I call the creditors lawyer and see if that can be stopped/ pay this debt off or will I still need to go before the judge to explain why I missed court?

 

[Ohiogal]

I found out on the court website that a contempt citation/rule to show cause hearing has been scheduled for late Sept. can anyone advise what this process will be? Will I be served papers again? Can I call the creditors lawyer and see if that can be stopped/ pay this debt off or will I still need to go before the judge to explain why I missed court?

YOu screwed up by not attending. You violated a court order to attend. Hence you could face jail time and other sanctions. You are not taking your responsibilities seriously.

 

[pamc01]

Thanks for the advice Latigo, I did indeed contact the debtors attorney and will be signing an agreement today to have this paid off before Sept. I do realize I "screwed up" by not attending the hearing and I can't believe I was told in the previous post that I wasn't taking this seriously! If I wasn't taking anything seriously I wouldn't be coming here for free advice.