I received a Capias warrant today in the mail. I live in Massachusetts. It states that I am ordered to present myself to the District court on 1/9/14. I owe $572 to a collection agency.My question is,will I be arrested before this court date. Also what should I expect to happen at the hearing? Thank you for your time.
Answer
Thank you for your question.
A capias is a civil arrest warrant, issued because you failed to appear at a court hearing.
You should present yourself to the court on your court date, at which time the court will conduct a payment review hearing. The court - and the other attorney - will have a chance to question your failure to pay, your ability to pay, and an amount will be set to pay going forward, most likely.
I would strongly suggest that you retain counsel, except that the matter is relatively small and your best bet would be to work something out with the other attorney before costs and interests turn this small balance into a larger balance.
Answer
This is probably a letter from the sheriff telling you that if you don't show up, he or she will come arrest you and bring you to court. Absolutely you must go on the date stated. If you have some defense to the original action, you might be able to assert it. Otherwise you should be prepared to pay the amount of the judgment (with costs) or explain to the judge why you can't pay it, with evidence (such as paystubs or tax returns) supporting your statement as to why you can't.
This is not a large amount of money so it's probably a small claims action. You don't need an attorney to represent you, but if you don't show up on the date stated, you may need an attorney to get you out of jail!
Good luck.
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