Legal Question in Civil Litigation in Massachusetts
any advise please
A friend of mine received a letter from Social Security saying his benefits were being discontinued due to a warrant over a check from 1995. My friend has full blown AIDS. He called the DA in Boston, and offered to pay for the check, warrant fee, and additonal cost. The DA declined this offer. How can my friend get around having to go to Boston. Is there a way for him to pay for the cost of the check and warrant fee without having to appear before a judge? My friend is sick, and knows he will be thrown in jail over this matter which he thought was taken care of years ago. Please any advice would be helpful.
2 Answers from Attorneys
Re: any advise please
Your friend will not be able to take care of this warrant without appearing before the court. I do not know the circumstances of his case, but I'm curious as to why he assumes automatically that he will be thrown in jail. If there is nothing more to this than a single bad check (and your friend wasn't on probation at the time or doesn't have a significant criminal record), and if your friend is now ready, willing and able to make complete restitution, I think he should contact a lawyer to work with the DA and negotiate a plea that would get rid of the charges, that would get rid of the warrant, and would keep him out of jail in the process.
Re: any advise please
Usually benefits are stopped because of monies owed to the government, or excess assets.
If that is not the case, send a certified check for the amount of the deficit, including any known interest, etc. The warrant must be answered, perhaps by a friendly attorney for a small fee. Explain the situation to the judge with supporting documents.
Check on the statute of limitations on the debt, etc.
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