I've been away due to moving. Tonight I was contacted by a friend who has this very ODD issue. She had a court summons for a medical debt (they were of course seeking a judgment). She doesn't have the wonderful CNet resource so she just didn't show. Today, a week after the hearing, she received a letter from the same collection attorney that took her to court saying that she now has a bench warrant for her because she didn't show. We all know that most judgments come by default, but a bench warrant for not showing? Has any one ever heard of this? BTW, I suggested she seek legal aide. PS - It's great to be back!
I know you can get a warrant if you were the def. and their was a default judgement, and you didn't fill in the debtors financial statement, and ignored it. They will schedule an examination for your assets, and if you skip on that date, they can hold you in contempt and issue a bench warrant. Not a good idea, I haven't heard of anyone being site released for it either. Usually the judge wants to make an example out ofyou and may have you in a holding cell from 9-5, just enough to really inconvenience you and make you listen... Have her contact the court to see if she really does have one.
Wow, I didn't know this CRDTNogood. Thanks! She's sending me a copy of the letter but she read it to me and it claims to be a "last chance or else letter" and it's from the OC (supposedly). No where on it does it mention that it's from the collection atty or even mention him at all. But we rean the address and phone number in the reverse directory and it's assigned to the collection atty. So much for being from the OC. IF she did fill out the asset form and IF it's just another collection attempt, I'd say it's exessive. My question that I have after reading your answer is that if they indeed got a judgment on her (let's assume they did) why this "last chance offer"?
Usually the asset form is from the COURT itself, so not an attempt to further collect, it is the info the OC needs to start garnishing and/or liens.
I knew the asset form would be from the court, but let's say she did fill that out and let's assume that they did get a default judgment, why now offer a "one last chance" under the pretense that if she doesn't take it, she'll be arrested under a bench warrant. That's what I would then call excessive collection.
ON a bench warrant, they won't come looking for her. Unless it's a huge bench warrant, and then the bailiff would have served it if the judge had a hair up the rear. A bench warrant merely places you in the system, so that if a cop has "probable cause" to pull you over, they run your info, and bingo, bench warrant shows up. A lot of them are a "no bail" bench warrant, but if it doesn't state that, she may get released on OR, and given a court date or number to call to clear it up. As for the collection company, they have no weight about the warrant. It's done, it's an order of the court, because the judge wanted someone there and they didn't show up... The CA is probably using it as a strong arm technique, but I'd say, screw the CA. If she wants to get it taken care of, expedictiously, she should show up at the court when it opens, and ask the clerk to put her on the calander because she heard they may be a bench warrant for her. They'll do that, and the judge will like the fact that they didn't incur expense, paperwork, or holding you in a cell. Email me if you want more information on it.
I have her letter in hand now and have a better understanding of what this is. They did have a court hearing for discovery (the asset disclosure I'm sure). She didn't show and they are offering her another opportunity to provide that asset information. (she has nada btw -- and I do mean nothing.) What they attached is a drafted warrant that basically presents to the comsumer, if you don't do this, this is what's going to happen to you. It's a blatent scare tactic. It's one thing to say we will sue you but to actually attach a dummified bench warrant to the letter? Now my next question is this: is it too late to pause this by first asking for validation of the debt? I know there's a time limit under FCRA but isn't it different with FCBA? Just so others might see this too, I'm going to post a "Validation in discovery process" post (or something close to that). I look forward to your input - thanks!
I just dealt with a case like this yesterday in California. What state is she in, and more specifically what county??? If the default judgement was granted, the court allegedly sends a copy of the default judgement and a form for the judgement debtor to fill out and send to the judgement creditor within x days. If that form is not received, or if the judgement creditor lies about receiving it, the judgement creditor can file a motion for an examination of assets. This must be served on the person personally. On this form, it states that if you fail to appear to before the court, a bench warrant may be issued against you. When you show up, the judge will ask why you didn't fill out the form, and/or to fill out the new one handed to you by the bailiff. The issue now isn't a debt. It is a judgement. A court order. If she can get the judgement vacated, by improper service, or another reason that would be the way to attack, but I'm pretty sure validation doesn't plan here anymore, because to validate the judgement, would merely consist of a certified copy of the judgement. The court will validate that. Email me if you specifics...
Shanyl, Something to think about... Is it appearant to your friend, by looking at it, at first glance, that the 'Bench Warrant' they included isn't a valid Bench Warrant? Is it specifically prefaced in the letter, stating something to the effect that the enclosed is not a valid Bench Warrant, HOWEVER if you don't co-operate in our search efforts for your ASSETTS, this *WILL* happen? In other words, would the average unsophisticated consumer looking at the Bench Warrant, know that said Bench Warrant isn't that VALID legal process documents.
Jam, I agree with you, but it may be a "transcript" of what the judge said, and often times the judge states on the record that failure to appear will result in the bench warrant. Not sure if they're doing something shady, but I'd love to see the letter and "quazi warrant". The best bet is to call the court, and find out directly from the clerk. There either IS a warrant, or NOT.
Jam, I agree with you, but it may be a "transcript" of what the judge said, and often times the judge states on the record that failure to appear will result in the bench warrant. Not sure if they're doing something shady, but I'd love to see the letter and "quazi warrant". The best bet is to call the court, and find out directly from the clerk. There either IS a warrant, or NOT.
Jam - She is a classic example of your "unsophisticated consumer" and she freaked when she saw it. She was certain it was the real thing and she was fearful they'd be on her doorstep arresting her. It *looks* likes it's already been issued. It is an official state of Michigan form and on the bottom it says POLICE. It "seems" to be notorized even but there is no seal. The only thing missing is the judge's signature. (In typing this I called the court and they said they were aware of the letter the collection atty sent, but that there has NOT been a bench warrant issued yet.) The letter simply tells her that she failed to appear for the discovery and that she can still correct it by calling them. It closes by saying that if they don't hear from her by date X, that they will inform the court and request that the court issue a benh warrant for failure to appear. The court informed me just now that one WILL be issued if she doesn't contact them. I'm wondering if she can still request validation (not just to stop this but to truly validate it) before the asset discovery.
She is in Kalamazoo County in Michigan. As of today, she has not received anything further from the court, to include a copy of the default judgment. I have to run but I'll come back and answer your other questions shortly.
Your friend needs to quit screwing around and submit to the debtors exam before she does end up in jail. She needs to truthfully answer the questions and she'll be on her way. You've run into a creditor that is determined to get paid or find out why they can't get paid. Validation is worthless. Now is the time to cooperate.
Although I don't care for the tone of the previous post, I agree, the form needs to be completed. A bench warrant will not likely result in time in jail. I doubt she would be processed, but she may be detained and taken to the court to answer the judge. As for validation, it isn't a debt. issue anymore. The default judgement finished it. She now owes on a Judgement. She didn't complete the asset for so she was ordered for an Examination of Assets. No show to that, and now its an issue that the plaintiff won, and is legally entitled to the information. IF she is judgement proof, she needs to complete the form and send it in, and send a copy to the Court to CYA. If she isn't judgement proof, she needs to work out a settlement agreement with the Plaintiff and hope to have the judgement dismissed, not "satisfied". Once the judgement is entered, it is no longer a creditor and debt issue for FDCPA. It is a legal judgement and the judge ordered her to appear. The issue is her and the court. She needs to give this the utmost priority, it will not go away.
Would you mind sharing the outcome? Were you able to win it? She's not received anything. Well she's unemployed at the moment and no one has come to her house. The CA is still contacting her. If the hearing was just for a discovery of assets and not the actual judgment for default of debt, can't she still request validation from the CA?
Thanks CRDTNogood - she is judgment proof. That I know of, she's not received the form to fill out. I'll have her call them and request it. I think I'll have her call as ask if a judgment was obtained too...just in case.
I wasn't involved in one, but my line of work puts me in court a lot and I listen in on cases and stuff when I can't be in the court room until I'm called. The people filled out the forms and walked away. The guy said, Good Luck attaching anything, I don't own anything... She should definitely look up the court and find out if their is a judgement. Usually, California here, there is no examination for assets, unless a judgement is in effect. Please email me if you want more specifics. You still have my email right?
