Legal Question in Credit and Debt Law in Maine

Disclosure hearing

I had a contempt of court hearing in June 2007 for failure to make payments to a creditor.They were previously garnishing my check and then stopped when I switched jobs.I made an agreement with them to continue my payments,which I have.I just got a letter from the district court that I didn't show at the disclosure hearing last week and colud be arrested.I was told by the lawyer representing the creditor that I would not have to go back to court as long as I was making my payments,also I never received notice of this hearing.I am terrified.I dont know what to do.


Asked on 9/16/07, 10:33 am

1 Answer from Attorneys

Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Re: Disclosure hearing

You mention a contempt hearing that had been scheduled for June, 2007, but you actually failed to appear at a later court hearing? Did you receive notice of that later hearing? If you did not, there might be an issue as to whether you were properly notified.

That issue aside, it sounds as though you are working cooperatively with the creditor's attorney, and making regular, agreed-upon payments? If that is the case, you may want to contact the creditor's attorney and ask for an explanation as to why the creditor requested a civil order of arrest when you had already agreed to payment. You can then ask the attorney to request that the court strike the civil order of arrest.

Finally, although the issuance of this civil order of arrest should be cleared up as quickly as possible, most civil orders of arrest do not result in the actual "arrest" of the debtor (as would be the case with an arrest warrant.) Rather, the deputy sheriff will typically simply contact you and request that you appear in court on a date/time certain.

You should contact the creditor's attorney to resolve this as quickly as possible. Please feel free to follow up with any additional questions or concerns that you may have.

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Answered on 9/17/07, 2:00 pm


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