Legal Question in Credit and Debt Law in Massachusetts

Small Claims Failure to pay

I recieved a ''Final Notice'' of an arrest warrant in my name for ''Contempt Charges'' in Massachusetts. It states that I have 48 hours to set up a surrender date to go to court. I now live in New Hampshire, can they come to my home or work in New Hapshire to arrest me?


Asked on 2/02/08, 7:15 pm

1 Answer from Attorneys

JOHN TATOIAN LAW OFFICE OF JOHN A. TATOIAN ESQ.*Licensed Only in Massachusetts

Re: Small Claims Failure to pay

It depends if the contempt charges you speak of arose out of a civil action or a family action for child support. If the contempt charges arose out of a civil action within Massachusetts ( see Massachusetts General Laws Chapter 224, Section 22 with respect to an action for Supplementary Process), a Massachusetts sheriff, or any proper officer empowered to enforce the outstanding "capias" ( a civil arrest warrant issued by a court of competent jurisdiction for your contempt of court), can only enforce the order within the Commonwealth of Massachusetts. In order to enforce the order in New Hampshire, the civil action upon which the order is based would need to be domesticated within that state. If the contempt arose out of an order for child support, the support order can be enforced in another state pursuant to the Uniform Interstate Family Support Act. There are a number of laws which are directed at non custodial parents who do not honor their court mandated support obligations, not the least of which are the Child Support Recovery Act of 1992 (challenged on Constitutional grouds) and the Deadbeat Parents Punishment Act of 1998.

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Answered on 2/05/08, 11:17 pm


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