Ok, first of all, are we in old England or what?!?!??! The other day my husband was pulled over. He was lost and went the wrong way down a one way street. He's so silly. lol Anyway, the policeman says that there is a warrant for his arrest. Needless to say, my husband almost had a heart attack. The policeman continued to say that the warrant is for a civil matter in IL. It is for failure to appear in court for a judgement that had already been issued to a CA years ago. We had been paying on it and then stopped because it was a roommate situation and my husband felt that because he didn't have the money to hire representation or for that matter, had any knowledge of his rights, he was railroaded into accepting the judgement. He did go to court on the matter. Now here is our problem... He has never received anything saying that he had to go back to court to deal with this judgement. He got a regular bill notice from the CA that said that they had some sort of warrant about 2 years ago and we called the state, county, and both city police stations and there was nothing. It's not like we are dodging. Same address for years until recently so, how is it possible that he can be arrested for missing a courtdate that he never knew about and is there anything we can do in retrospect to deal with the unfairness of this situation? This is a civil matter, a CA account. He can be arrested for an amount that is less than $800? Please someone help us to understand how this is possible... He feels like a fugitive.
judges sometimes issue bench warrants when people fail to appear at court hearing. this may be what happened to your husband.
I guess that I always likened a warrant to criminal matters. Also, my husband was never notified about this appearance. Even in the one letter that we got from the CA about 1-2 years ago, it said that they had one. We called and no one had any informationf for us so we thought they were bluffing and disregarded it. This was of course in the beginning of our credit journey as well. It just doesn't seem justified. I don't know, maybe I am thinking wrong.....
did the arrest him? I do not want to sound nosey but maybe you read a thread last about somethig somewhat similar from me, but about a traffic ticket
Thank goodness they didn't. Since it is for a civil matter, they said to be careful of the county that it was issued in. We don't know what to do. Should he turn himself in? Should we first get an attorney? Should the attorney be for civil consumer matters or criminal stuff? To say the least, we are confused!
I have no clue honestly, other than to call whoever issued the warrant, maybe they can tell you what to do. I had a collection agency send me a letter telling me I had an unpaid fine, that it was a 'pre-arrest' letter, that a warrant was going to be issued and so-on (they did not disclose that they were a ca) I called the court that supposedly sent me this letter, they showed no record of money being owed and told me that it was a collection agency that sent this. But mine is a little bit different so I really do not know what to tell you
Thanks tnobles. I just didn't think that it's possible for a warrant to be issued for a small debt. I guess I will start with the police station tomorrow and go from there. We want to answer this but in the correct way. Basically, my husband is shouldering the whole debt for when the roommate was evicted. They have never found the roommate.
Hi Milkmom!!!!!! Hope you are well. I'm nodding with uniondiva on the bench warrants, and they can be issued for failure to keep payment arrangements as well. In fact, anything the court orders that isn't completed, finished, or proof provided. I'm guessing Mr. Milkman was far enough away that the court that issued the warrant wouldn't extradite. I wouldn't call the police department, they get paid to arrest people, I'd call the court that issued the warrant -- wherever he was previously making payments. Here's the thread from a few days ago, "GOTTA READ PEOPLE" tnobles got some stellar advice: http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=238950#post238950 I don't know how you could or can get around paying the balance of the judgment, since there was a hearing that Mr. Milkman already participated in. Maybe he could look up his old roomie himself! Sassy
Hey sassy. I love to see you on the board. We are doing great except my husband is a fugitive. lol I am going to read that post and hopefully it will help us. One thing, it isn't legal to say you have a warrant when you don't right? So can't I use that to leverage this debt? I just hope that I can find the letter.
Well milkmom, The truth is, I don't know, lol. That came up on the other thread as well, whether a fine was considered a debt that would fall under the FDCPA -- it wasn't resolved either. I'm sure you could easily get it discussed again for more input. If it's a CA though, representing an official jurisdiction, I'm betting they cannot say you have a warrant or threaten with arrest or do anything but walk the straightest of lines. If they don't fall under the FDCPA because a fine isn't considered a debt -- they are representing a government or an arm of it, likely with a seperate contract as well, and they'd be subject to more laws than the FDCPA anyway, with a whole lot bigger penalties, and much easier to enforce. Really, the court just wants the fine paid so it can be passed on to the landlord or whoever the money is owed to. You should be able to call them, get the payment amount, send it to them, and they'll quash the warrant. Sassy
I totally surprised and glad your husband was not arrested. We have a case in our office now in the State of Missouri where a man refused to pay a bill for service rendered on an auto repair because of he was told one thing and then it turned into something else. The repair center filed a report with the local PA office and the judge issued a criminal warrant for him. He was stopped in WI for a routine traffic stop and was arrested; he did not know there was a warrant on him. He had to post bond and was given a court date. He came back to MO retained an attorney and the first thing is trying to have the charge dropped from criminal to civil, it carries a lighter penalty. Now all the pleadings have begun trying to prove that the payment was not made for service that was not performed as promised. A warrant can be issued and hang out there indefinitely, there is not a statute of limitation. Not knowing is not an argument of defense in a court of law in MO and I imagine in any state. IMO I would contact an attorney or if nothing else the prosecutorâ??s office and try to work something out. If your husband is ever stopped again he may be arrested.
really gems4me? A warrant for auto repairs, OMG! I'm not familiar with how that could possibly happen unless they filed for a lien, mechanic's lien, even that though, I didn't think could progress any further. Then again, I was totally shocked with the reporting of a woman having been arrested on a warrant for not having paid a library fine! That was a municipality though, so I'm understanding, though not liking, how they made that work. Could you post more details or point to a direction where I could find some, please. This is either a hokey and flukey mistake or REALLY SCARY. I'm hoping the former and not later. Sassy
Sorry still thinking and can't edit. Was it a warrant on theft of services perhaps? Mind-boggling! Sassy
Wow Milkmom, I've never heard of a bench warrant issued for not paying a run of the mill judgment. I've seen warrants issued for stuff like not paying court ordered child/spousal support or, not settling state sales tax leins. I wonder, could your husband not shown up for a "debtors exam"? It does take a court order for a creditor's lawyer to schedule one of those and a no show would be contempt of court. I hope Why Chat swings by. This sounds way strange.
Milkmom: I would not dodge a warrant for any reason, especially now that you know about it. Sassy: Yes, this is true. I have typed the pleadings, I have no reason to make this up. Any person can walk into a PA office and speak with an intake officer and if there is probable cause and a decent case the PA can take it before the judge and ask for a warrant; the proscutor can ask for anything he wants, and it is up to the judge to grant or deny. This has been dragging on now for 3 months and they still have not determined if it will stand as criminal or civil. I have story after story like this. The one for this week is a grandparent spanked the child and DHS has stepped in and asked for criminal charges against the grandparents for abuse, they babysit and asking that child should be taken out of the mother's home because the mother leaves the child in a risk enviroment. The child went to school with bruises on the bottom part of the leg. I am all for child protection, but this was nothing more than the a little boy who had rough and tumbled in play and had bruises. It is all up to what the PA and the judge and what they ask for! The case can be as big or as little as they want. Election year is always a good year for prosecuting.
gems4me, I wasn't doubting you or thinking you made it up, I was asking for how did that happen. We did away with debtor's prison a long time ago -- though I still maintain the penalty may be shorter. What is PA please? State of Missouri -- Public Assistance, Prosecuting Attorney, Public Attorney? Sassy
No we aren't running.... I just don't know how to proceed and since my hubbie is on his way to take an exam in CA, we have to wait until he gets back to straighten things out. But I had posed a question above about whether it is legal to say you have a warrant when there isn't on. I don't think it is and if so, I want the right lawyer on the case who can deal with the "criminal" (if it is, i don't know) and the consumer parts of this situation. Don't want to blow it. We were definitely denied services because of this whole situation so there is damages. What do you guys think?
