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Servng Bench Warrants to Non-Drivers

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donpelon

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

To make a long story short, I successfully won a Small Claims settlement against my ex-Landlord who ripped me off to the tune of $3000. In attempting to recover this debt from the non-communicative LL, I scheduled a Debtors Examination- the LL failed to appear and the court issued a Bench Warrant against her. I am currently in the process of putting a lien against her property.

However, I know for a fact she doesn't drive, nor own a car. What are the chances my LL will ever even be picked-up by law enforcement officers and brought in to court/jail? Are there any ways that I, as a private citizen, can create an interaction between my ex-LL and law enforcement so they might then run her ID through the system? I've contemplated calling in a noise complaint in against her, but this seems either unethical and/or illegal.

Any information as to how the Bench Warrant process works, particularly with regards to non-drivers?

Many Thanks...
 


CdwJava

Senior Member
I suspect this might be a civil bench warrant which makes it even more unlikely that your landlord will be picked up by the police. A civil bench warrant can be very limited in its service and generally requires release within 12 hours and prohibits an arrest if he cannot be brought before the court within 12 hours.

You can certainly call the police and tell them that a subject with a civil bench warrant is present at his address, but, that is no guarantee they will respond.

Don't count on a civil bench warrant to solve your collection problem.
 

donpelon

Junior Member
I suspect this might be a civil bench warrant which makes it even more unlikely that your landlord will be picked up by the police. A civil bench warrant can be very limited in its service and generally requires release within 12 hours and prohibits an arrest if he cannot be brought before the court within 12 hours.

You can certainly call the police and tell them that a subject with a civil bench warrant is present at his address, but, that is no guarantee they will respond.

Don't count on a civil bench warrant to solve your collection problem.
That's a thought, might be worth a try. I'm sure it won't solve the collections process, but I believe if she's picked up and brought into court, judges often will then ask the reason behind her failure to appear, and then can conduct a debtors exam right then and there (which she didn't show for the first time- hence the bench warrant). At the least, it might knock some sense into her...
 

Silverplum

Senior Member
That's a thought, might be worth a try. I'm sure it won't solve the collections process, but I believe if she's picked up and brought into court, judges often will then ask the reason behind her failure to appear, and then can conduct a debtors exam right then and there (which she didn't show for the first time- hence the bench warrant). At the least, it might knock some sense into her...
That's not how it works.
 

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