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View Full Version : Summons after judgment-what if I don't appear?


smalt
08-01-2009, 04:15 AM
I have a judgment against me. Now I've been summoned to court for the examination relative to property and ability to pay. I'm going to be out of town and have called the attorney and left messages to ask for a continuance (which is what the clerk of courts told me to do). If the attorney doesn't agree and I don't show up what happens? I've been to this "examination" already with another judgment, it's a room full of people you get called down and the lawyer asks if you can pay or not and collects financial info. If you can't pay they schedule you again in 6 months to see if there are any changes.
I'm in Mass.

nascar
08-01-2009, 02:22 PM
It is within the judge's discretion to find you in contempt and issue a warrant for your arrest. Don't trust the other side to cut you slack for not showing up. Contact the judge directly; odds are you'll speak with an assistant who will tell you to submit your request for continuance to the judge. If you haven't made a habit of coming up with excuses not to show, they will probably grant it.

Chapel Hill
01-16-2010, 07:32 PM
Hearing notices are court orders. You don't as a rule want to violate court orders because you could be sanctioned if the other side yelled loud enough, had the law and facts in their favor. With respect to an OEX in California I have had bench warrants issued when folks I'd done for work didn't pay me for my professional services forcing me to secure a judgment. The out of pocket you get back when you collect.

That by friend is why you should show up at the hearing. You can be as evasive as you need to be but if you don't show there in only one story told, THEIR SIDE. Show up and find a way to win something if nothing more than misremembering which account you use to pay your mortgage or how may vehicles you own.

shrinkingviolet333
02-09-2010, 09:12 PM
I HAVE JUST RECENTLY RECEIVED A 'NOTICE OF TAKING DEPOSITION IN AID OF EXECUTION'.

IT DOES NOT SAY TO APPEAR IN COURT, BUT I HAVE TO GO TO AN ATTORNEYS OFFICE
IN A NEARBY TOWN. THE NOTICE SAYS IT MAY TAKE MORE THAN ONE DAY???WHY???

I DON'T HAVE A JOB, NOR CAR...ONLY A CRAPLOAD OF DEBT.

I NEVER HAD THIS HAPPEN BEFORE. SO I AM SOMEWHAT NERVOUS. I AM REQUIRED TO BRING: ALL BANK STATEMENTS AND CANCELLED CHECKS FOR THE LAST YR. PAYMENT RECEIPT BOOKS FOR CURRENT LOANS AND OBLIGATIONS: COPIES OF INCOME TAX RETURNS AND FINANCIAL STATEMENTS FOR THE LAST TWO
(2) YEARS, AS FILED WITH THE DIRECTOR OF INTERNAL REVENUE; ANY PROOF OF MARRIAGE; AND ALL AUTOMOBILE AND BOAT REGISTRATION CERTIFICATES.

GEEZ, IT IS VERY SERIOUS BUSINESS. I WONDER WHAT WOULD HAPPEN, IF I DON'T HAVE EVERYTHING THEY ARE ASKING FOR.

DO WE HAVE TO DISCLOSE ANYTHING THAT ISN'T ASKED FOR IN THE NOTICE?
I BET THEY ASK ALL KINDS OF NOSEY QUESTIONS.

WHAT IF THE NOTICE DIDN'T ASK IF I HAD REAL ESTATE, OR JEWERLY?
DO I HAVE TO TELL THEM? ARE THEY ALLOWED TO ASK FOR THOSE THINGS IF IT WASN'T ASKED FOR IN THE NOTICE ITSELF?

I CAN'T AFFORD ANOTHER LAWYER.
BUT, I DO KNOW IT IS REQUIRED I SHOW UP. IF NOT, I GUESS THE PLANTIFFS ATTORNEY CAN CONTACT THE COURT AND THEN THEY WILL COME AND GET ME IF NECESSARY.
HOW HUMILIATING THAT WOULD BE.
KEEP US POSTED AS TO WHAT HAPPENS TO YOU.

TBirdLady42
02-12-2010, 02:50 PM
There is something I've noticed in my county recently. If you do not fill out the financial disclosure form after judgement has been granted, they are issuing a civil warrant for your arrest. I've seen that some judges have just simply required the form to be filled out and submitted on return of the warrant, but I have seen cases where cash bonds are required to be paid. The bail amounts have ranged from $500 to the full payment of the judgement!!! BE SURE TO APPEAR AND ANSWER THEIR QUESTIONS (remember, debt aversion is not the same thing as debt evasion)!!!

As a note to Trueq - these are your "friends" who normally represent Crap1 who are demanding most of the warrants...

scarrolls
02-27-2010, 10:30 AM
OK, so Crap1's judgment was rendered a couple of weeks ago. What exactly happens next (in IL) and why is opposing counsel once again calling me on the phone when the appeals filing time-line hasn't expired yet?


Note to Trueq: I think of you every time I wrestle with the bad guys. You inspire me.