Legal Question in Bankruptcy in New Jersey

Creditors served me an arrest warrant

I was just served an arrest warrant. I have not contacted the creditors yet, but I was summoned to attend court for non-payment on a credit card that I didn't show up to because I received the letter a month after the hearing. Is there anyway to settle this? Would I be better off claiming bankruptcy? Is there anyway I can settle this without going to court and/or being arrested? For example, setting up a

payment plan with the creditors?


Asked on 10/15/04, 9:25 am

1 Answer from Attorneys

Alan Albin Alan S. Albin, Attorney at Law

Re: Creditors served me an arrest warrant

If you are subject to possible arrest, you need to retain an attorney as soon as possible to advise you. Your attorney would need to look at the "warrant" you say you received, and any other relevant papers, to advise you.

If what happened is that a judgment was entered against you, but you had not been served proper notice of the court hearing, it may still be possible to file a motion with the court to vacate that judgment. If a "warrant" was issued for similar reasons, i.e. you were not properly notified of a court proceeding, it may also be possible to file a motion to have it vacated.

However, if you are currently aware of a court date or court dates coming up, you need to go to court as indicated in the notice or notices, with or without an attorney, to explain your side to the judge. At this point, however, things sound complex enough that you would be foolish to represent yourself.

I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:

[email protected]

(973)-605-8995

(*Licensed in New Jersey, Maryland, and Dist. of Columbia)

[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]

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Answered on 10/16/04, 10:24 am


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