Legal Question in Credit and Debt Law in Michigan

Bench Warrant

Hi-The short of the long is that I lost my job and I'm being sued by my credit card company. I was unable to attend the court hearing and I received a bench warrant. Does this make sense? Did I actually need to be at a hearing such as that? I know this sounds ignorant but I didn't have to be present for my divorce proceedings. Any advice you can give is much appreciated.


Asked on 7/14/08, 9:06 pm

3 Answers from Attorneys

Renee Walsh LawRefs Nonprofit

Re: Bench Warrant

Contact the police department and tell them you want to clear the misunderstanding up. Also contact the opposition and tell them the same. Work things out without going to court.

If you need assistance, please contact me via my website at www.lawrefs.com.

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Answered on 7/16/08, 4:50 pm
Audra Arndt Audra A. Arndt & Associates, PLLC

Re: Bench Warrant

If it was just a general hearing on a civil case, then you would just get defaulted for not attending. The court date must have been a creditor's exam or something criminal in nature, requiring your appearance.

You should either retain a lawyer to assist you, or contact the court and the credit card company's lawyer to reschedule the examination, and then show up at the hearing at the day/time scheduled.

The purpose of a creditor's exam is to find out all of your assets and where they are located, such as bank accounts and account numbers. This allows the creditor to garnish and seize your assets and money to pay off the judgment. They likely already have an order in place (or will get one) that prohibits you from transferring or hiding assets/money, so be careful how you proceed.

If you need to file bankruptcy or want to negotiate a settlement or payment plan with your credit, please contact me.

Thanks.

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Answered on 7/22/08, 11:33 pm
Timothy Klisz Klisz Law Office, PLLC

Re: Bench Warrant

My guess is that you were scheduled for a creditors exam and when you dont show for that, you can have a warrant issued for failure to appear. Otherwise you are correct, if you dont show for a normal court date, the Judge just enters a default. If you need assistance with this matter, visit me at www.kliszlaw.com Tim Klisz

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Answered on 7/14/08, 9:11 pm


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