Legal Question in Credit and Debt Law in Massachusetts

Re: Arrest Warrant for Failure to Show

Subsequent to a judgment rendered against a judgment debtor, a judgment creditor can petition the court for a hearing pursuant to a Supplementary Process action ( see Massachusetts General Laws Chapter 224, Section 22). The purpose of this proceeding is to allow the judgment creditor to examine the judgment debtor under oath as to the nature and extent of his/her assets. If the judgment fails to appear, as I presume you did, the court can issue a "capias", which is a civil arrest warrant empowering any proper officer to bring the judgment debtor before the court to be examined. Presumably, if you show up in court as instructed, you will comply with the order of the court and vitiate the need for a "capias". This is a fairly "dicey" area of the law, so please feel free to contact my office direct for a free initial consult based on the facts of your specific situation.

Re: Arrest Warrant for Failure to Show

A capias is a civil arrest warrant. If you show up, you will not be arrested (all they want you to do is show up), but if you fail to show up then the sheriff has the ability to escort you to court on the next hearing date. This is not the same as being arrested for a crime and being held in a common jail. The better approach might be to establish contact with the judgment creditor and negotiate some kind of a repayment plan over time. Alternatively, if there are legal basis for doing so, the judgment itself may be open to being vatated, modified, appealed, etc. It depends on the specifics of your situation. The worst thing that people can do is ignore these judgments -- they are not going to go away by themselves. The only other way to get rid of a judgment is to have it discharged in bankruptcy. Feel free to email or call my office if you have additional questions.