My brother received a letter from a judge today that issued a warrant for his arrest between 7:30am and 3opm, to appear for litigation and that he needed to contact the judge within 48 hours, to bad the letter was dated 1/3/02 so that time is since expired, he's not even in the country, he's on vacation, the original creditor was Citibank, he owns nothing, no car, no house, and is currently unembloyed, the charge off I believe was for about $8000, what will they do next, can he go to jail??? I always thought if you had nothing or fees were to high for collecting it was pointless to them, should I call and say he isn't here?
There's more to this story than you're telling, maybe you're unaware. What (on earth) is the criminal charge on the arrest warrant? There is no debtor's prison. Did he perhaps bounce a check? That could lead to an arrest warrant. Did he get caught "kiting" checks from one bank to another? Aside from those reasons, the only thing I can think of is this: Did he fail to answer post-judgement interrogatories? In order to be arrested he must have been accused of a crime. What crime is he accused of?
I agree. There has to be more to the story. Your brother needs to be notified of this and he needs to contact a criminal defense attorney as soon as possible. Do nothing else! This is nothing to mess around with. Jeff
Also if a judgement was rendered against him and he recieved a disclosure of assets form and did not fill it out and return it, he could be held in contempt of court. Thanks
Soup does provide one clue. He mentioned that his brother is now "unembloyed." I'm not sure what it means to be embloyed, for that matter, but it all sounds suspicious to me. Psych "Holmes" Doc
With the exception of 1 situation. Say the creditor sued him and got a judgment. Then to try and collect, they issued an order for supplemental proceedings, which requires the debtor to appear on a certain date and disclose his assets. If he fails to appear at the time stated, a warrant will be issued.
I agree with LKH. If the creditor believe's that soups' brother has assets that would be the next step in collecting and would explain the Arrest Warrant. Tuit
I agree with LKH also. In some court jurisdictions those are called post judgement interrogatories. Failure to respond will indeed result in a bench warrant.
Soup I would do as jeff suggested, let your brother know ASAP. Now would not be a good time for him to get a jay-walking ticket! He needs to see an attorney! Tuit
In order for there to be an arrest warrant, there must be accusation of a crime, not a civil matter. Contempt of court in a civil matter would be considered a crime against the court. All speculation aside, he should indeed consult with a lawyer that practices law in the jurisdiction of the warrant. If this "unembloyed "world traveler really has no money and thus cannot retain an attorney, he should at least find out what the true charge is. Then a course of action can be planned. Of course in a criminal matter or any that could have a person arrested, the court will provide a defense attorney if the defendant cannot afford one.
I think it is probably a failure to appear. If he calls the court clerk on Monday, he can find out. If it is a failure to appear, he can show up in court and the bench warrant will be revoked. No real need for an attorney if this is the case. just call and find out... duh!!!
Well, don't anybody ever do that in Virginia, because they will actually process you through as an arrest, even if you voluntarily go down there and turn yourself in.
