No doubt,... don't go down in person, just make the call. And when you find out what the hell is going on, please post and tell us.
Sorry about the typo...I meant "employed"...you guys are harsh! Anyway the original creditor I believe was Citibank, it is now new century financial...the cover letter reads as follows: new century vs. my bro I have been issued a warrant for your arrest in the above matter. I am enclosing, herein, a copy of the warrant. Unless you call my office within fort-eight (48) hours to make arrangements to voluntarily appear in front of the Judge, I shall be obliged to physically take you into custody. Your cooperation determines the court's next action. Thank you. Court Officer That letter is dated 1/03/02 He received a judgement for this in March this past year....and in April apparently they sent an information subpoena that he never answered, so my thought is they want to see him in the court room pretty badly, it just seems pretty drastic measures for them to take...he's been making about 30K a year and as sad as it may sound he really has nothing....I just can't believe after receiving a judgement, actually I'm sure they are probably trying to garnish his wages or something, but like I said he's not working right now and isn't here...please don't mock me, I am really concerned and would like to help him, he's my brother...thanx for understanding, those who do.
Sorry about the levity (re the typo) -- some of us sometimes use humor to retain a shred of sanity amidst a lot of pain and struggle. I think you've been given some good advice: -- It's not very clear why an arrest warrant was issued, but such warrants should be taken very seriously regardless. -- Your brother should telephone the court immediately (or as soon as you can possibly get in touch with him). If you can't reach him at all, you should call the court clerk and let them know that you did receive the letter intended for your brother and that you are attempting to reach him. -- Nobody should appear in person to answer this because in some jurisdictions that risks physical incarceration. In fact, it's preferable that your brother acquire an attorney quickly rather than formally attempting to answer this legal notice personally. Keep us posted about this. Doc
Also, as his sister, another concern, as tight as the airports are now adays(supposedly), if there is a warrant for his arrest in this, will they just take him at the airport?
Probaby not. They don't run police checks on everyone in the airport these days. Just search them. I hope he hasn't smuggled any cuban cigars in to the country! lol
Although we really don't know the true reason for the arrest warrant, it's not likely that a matter related to ones personal finance would result in an all-points bulletin being issued of the type that would necessitate anyone alerting airlines. Again, the more we know, the more solid speculation you'll receive here. I used the word "speculation" because, after all, this is just a bulletin board -- you'll definitely want to see that your brother acquires competent legal counsel very quickly. Doc
I here you guys, and finding an attorney is on top of the list, but I just wanted to know what everyone thought....I just read the warrant again and do believe the warrant came to fruition because he did not reply to the judgement or as it reads 4).....has failed to comply with the Information Subpoena. BTW thanx for the more human replys...the mocking really upset me...I've only been on this board for a couple of months but thought if I was curtious to everyone I would receive the same...don't get me wrong, I know how to take a joke, I just haven't found this particularly funny.
All speculation on this issue is moot. A sister's worry is understandable, but there is really nothing more to talk about until the phone call is made to determine the charge. Then the charge can be answered, dealt with. When this transpires, hopefully you'll keeps posted and some of us may have 2 cents for you again. Good luck.
superadman, Unless I am mistaken, this is an information board, and I really hope no one else has this happen but it is something that concerns chargeoffs - judgements, that might be beneficial to someone here down the road, with that said I do believe it was worth talking about...if I could get some, no matter how minor, knowledge about what to expect from this point foward, it would be helpful...I'm sure he's not the first person in history this has happened to so someone that read the post might know something, even if it's only worth 2 cents, anyway, when did you become pbm to dictate when enough has been said?
"2 cents worth" is a figurative term that I'm sure you've heard over and over in your adult life. No hard feelings. But I think that you have certainly had a tremendous response to your plight by many from this board including me. None of that changes the fact that there is nothing that anyone can do until the court opens and your brother makes the call. But I think that there is no amount of worrying that you can do that is going to make any difference at all. This is his soup to deal with. And if he has "nothing" yet he has a 30K/year job and is traveling abroad, that too is his soup. I'm sure he will think or thwim, regardless of what we advise that you pass along to him. As I said before, good luck. By the way soup, you are obviously losing a lot of sleep over this. I wonder if he is? If he is as concerned about this situation as you, I'm sure he will make the call tomorrow at 9AM from wherever he is in the world. Somehow I think everything will be OK.
Im certainly no attorney but it really seems that he may have been held in contempt of court for not filling out a financial disclosure form after a judgement had been issued. As doc said get competent legal counsel as soon as possible on this matter AND BEST WISHES
Soup you are right the creditor is using the power of the court to compel your brother to tell them what his assets are and where they can be found. Did your brother show up for the hearing in March or just let them get a default judgment? You are among friends and while it is true there is nothing we can do, (even after we know the whole story, it's up to an attorney to help him now) we certainly can be here offering you our support. For what it's worth I offer you mine. Don't worry too much things will work out. But your brother is going to have to take his head out of the sand and fight for himself and his rights. Its good that you are there for him, but he has to take control. Tuit
It is most likely a bench warrant as others have indicated. Some courts take it very personally when they have issued a summons or subpoena and after proper service the respondent fails to appear. It is kind of like "thumbing your nose" at the judge. It is very likely it is for a judgement that is already issued and the hearing was for asset discovery. It depends on the state whether a bench warrant is processed as an actual arrest; in some states if the court is in session the arrested party will often be taken into the session and the court will deal with them at that time, generally setting a new hearing date and "laying down the law" about the respondent appearing. If the respondent is arrested on the weekend or when court is not in session the option of bonding out of jail after processing is available or sitting in jail until court next convenes. This occurs all the time in civil matters in which a bench warrant has been issued. He definitely should contact a local attorney and have this matter dealt with - if he does not they generally will not "look" for him unless they do a sweep on old warrants which doesn't happen often for civil bench warrants. If he is stopped for say a traffic violation and his ID is run he will almost certainly be arrested if he has a warrant in the system.
OK, it's late enough in the day in any continental US time zone for there to be clarity on this issue. Soup? How did things work out?
Alright already, what ended up happening? Did they ALL get arrested? Have we heard nothing because they are all waiting to be bailed out? Or did the sister worry and worry and worry and the brother just kept traveling overseas?....
look everybody, my response was only to let her know that information is only a phone call away. call the court clerk, find out what the heck is going on.... you can ask about appearing w/o a lawyer and possiblity of processing arrest. easier to find out and then pay a lawyer, instead of paying a lawyer and finding out it was something (uncomfortable and stressful) that you could handle. I speak because something similar happened to me.
Don't get me wrong, I am not unsympathetic to her plight (or more accurately that of her brother). I simply maintain that a call to the court was in order. Hopefully by now that call was made, the situation was dealt with and all is well or at least better. I was just looking for an update to see where the story ended up.
