Legal Question in Credit and Debt Law in Massachusetts

missed court date, arrest warrant issued - jail time? how long?


Asked on 4/01/11, 4:24 am

3 Answers from Attorneys

Warren Wood Law Offices of Warren Wood

If civil matter, call clerk, arrange to appear immediately to "purge" (remove) your contempt. A lawyer with you would be wise. Have good reason (documented) for your absence. Comply with the court's order to you. Good luck.

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Answered on 4/01/11, 5:07 am
Christopher Vaughn-Martel Charles River Law Partners, LLC

If this is a civil matter, you should contact the clerk and the other party immediately. You may or may not have been defaulted for your failure to appear. The default may likely be removed if (1) the other party assents, or (2) you bring a motion to vacate the default. Assuming this is a civil matter, and you are not in contempt of a court order, you will not face jail time. You may, however, be subject to arrest, depending upon the type of hearing you missed. I strongly recommend you retain a lawyer.

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Answered on 4/01/11, 5:42 am
Daniel Gindes Law Office of Daniel Gindes

What you have is not an arrest warrant, but a Capias which allows a sheriff to bring you to court to answer a civil contempt for not appearing, probably for a payment review. It is rare that these get executed because the creditor has to pay the sheriff about $300.00 to do the "arrest." Regardless, call the sheriff and the other party to set up a time to appear. The clerk's office for the court involved may be able to answer questions for you.

Dan Gindes

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Answered on 4/01/11, 7:58 am


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