Debtor refuses to show up for court, what should I do?

[miogpsrocks]

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

UTAH.

Debtor refuses to show up for court, what should I do?

I won the judgement because they did not show up to court.

Supplemental hearing to find assets, did not show up to court.

Judge/court sends threatening letter to debtor threading fines and jail time for not showing up to court.

New court date so debtor could explain to judge why they did not show up to court and debtor did not show up to court again.

Judge authorized an cash only arrest warrant for continuing not to show up to court however amount on cash required is very low considering the large amount of the default judgement. ( They can avoid arrest by paying a very small amount of money is my understanding which will eventually pay a small portion of the judgement)

What other tools or pressure can I put on the debtor to produce the documents about where the assets are located?

Can I file a motion for contempt of court or some other action? The debtor is a sophisticated and educated individual who does not take the case serious.

No matter what actions I take, they don't show up. Can I use that to my advantage?

Thanks.

 

[Zigner]

There's no need to start a new thread about the same subject: https://forum.freeadvice.com/debt-collections-84/judge-authorized-cash-only-warrant-no-show-debtor-how-do-activate-645939.html

 

[miogpsrocks]

There's no need to start a new thread about the same subject: https://forum.freeadvice.com/debt-collections-84/judge-authorized-cash-only-warrant-no-show-debtor-how-do-activate-645939.html

I already have my answer to that question ( what form is required to authorize a cash only warrant.)

I am asking what additional action should I take?

For example, should I ask for a subpoena of the financial records, can I ask that he be held in contempt of court, are there additional motions I should file to help locate the assets?

I am asking about my next steps not just asking about what form to fill out for an authorized cash warrant.

Thanks.

 

[PayrollHRGuy]

And it is the same case so please repost your question from this thread in the original thread.

 

[latigo]

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

UTAH.

Debtor refuses to show up for court, what should I do?

I won the judgement because they did not show up to court.

Supplemental hearing to find assets, did not show up to court.

Judge/court sends threatening letter to debtor threading fines and jail time for not showing up to court.

New court date so debtor could explain to judge why they did not show up to court and debtor did not show up to court again.

Judge authorized an cash only arrest warrant for continuing not to show up to court however amount on cash required is very low considering the large amount of the default judgement. ( They can avoid arrest by paying a very small amount of money is my understanding which will eventually pay a small portion of the judgement)

What other tools or pressure can I put on the debtor to produce the documents about where the assets are located?

Can I file a motion for contempt of court or some other action? The debtor is a sophisticated and educated individual who does not take the case serious.

No matter what actions I take, they don't show up. Can I use that to my advantage?

Thanks.

Yes, if the judgment debtor post the cash bond you can ask the court that it be forfeited and the amount applied towards your judgment.

Yes, you can file a motion and affidavit asking the court to issue an order directing the judgment creditor to appear at a time and place certain and then and there show cause, if any he has, why he should not be held in contempt of court.

ALSO, I would have you include in your motion and proposed OSC an instruction informing the respondent that if he again fails to comply with the orders of the court, the result will be the issuance of no bond bench warrant calling for his immediate arrest and imprisonment under the authority granted by Section 76B-6-312 of the Utah Code. *

I assume that you understand that it is your responsibility to prepare the proposed form of the order to show cause. So make the provision with regard to the alternative of imprisonment very explicit by incorporating the statute verbatim.

____________________________________


[*] 78B-6-312. Imprisonment to compel performance.

"When the contempt consists of the omission to perform an act enjoined by law, which is yet in the power of the person to perform, the person may be imprisoned until the act is performed, or until released by the court. The act shall be specified in the warrant of commitment."