Legal Question in Credit and Debt Law in Massachusetts
small claims court
I lost a judgement in small claims court and was unable to attend a hearing for payment review because I started a new job and could not take time off. I sent a letter but this was ineffective and I was told a warrant will be issued for my arrest - no one has come to arrest me yet but I have a court date for a traffic violation - will they arrest me then? I am going to show proof I paid my traffic fine and I am scared they will arrest me and hold me there until I have money for the judgement I lost. I am a single mother making a small amount of money. My boyfriend says the magistrate will not address the small claims issue in Traffic court - but I am afraid he put a note next to my name or something because the same magistrate presides over both courts -small claims and traffic. I explained to the small claims court my desire to pay my debt but that I just couldnt come to court on the day specified because of my new job. Please help
1 Answer from Attorneys
Re: small claims court
It appears there are two issues. The first involves an alleged unpaid traffic fine. The second involves your alleged failure to appear at a show cause hearing relative to a civil small claims judgment. If in fact there was a "capias" ( a civil arrest warrant) issued by a court of competent jusrisdiction within the Commonwealth of Massachusetts for your failure to appear at the show cause hearing, any proper officer within the Commonwealth is empowered to physically bring you into court to comply with the court's order. Unfortunately, I do not know if or when this will take place. My best advice to you is to enlist a licensed, competent attorney to negotiate with the judgment creditor on your behalf in order to take care of the civil debt. Please feel free to contact my office direct for a free initial consult based on the facts of your specific situation.
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