My friend was sent a Bench Warrant after he lost his civil suit to his landlord. She hasn't been reporting his payments so now he has a warrant and this just doesn't sound right. Some one please help. We live in New Mexico.
2006-12-27 17:10:17 · 6 answers · asked by mocarose 2 in Politics & Government ➔ Law & Ethics
He has been making payments
2006-12-27 17:22:56 · update #1
YES. Usually Bench Warrants in civil cases are the result of non-appearance in court hearings or non-compliance with court orders. They have the same force and effect as a criminal bench warrant and is usually accompied with a CONTEMPT charge if the warrant is served, meaning the defendant is arrested.
2006-12-28 17:09:48 · answer #1 · answered by syaw10 3 · 0⤊ 0⤋
1
2016-06-04 04:34:02 · answer #2 · answered by ? 3 · 0⤊ 0⤋
A bench warrant is usually issue for someone who fails to appear in court pursuant to a court order or a subpoena. I'm an attorney and I recently obtained a order for a judgment debtor to attend a debtor's examination. The debtor didn't show and now there is an outstanding bench warrant that will be served by the Sheriff's department soon. I suspect something similar happened to your friend.
2006-12-27 19:02:45 · answer #3 · answered by Carl 7 · 0⤊ 0⤋
If your friend lost his civil suit, I would imagine that he was ordered to pay some money to his landlord. Did he do so? If not, he is in contempt of court and could be arrested for his failure to comply with a judgement against him. That is an additional charge besides the finding in the civil trial.
2006-12-27 17:20:17 · answer #4 · answered by Coach D. 4 · 0⤊ 0⤋
Since your friend has not been paying the dues despite losing the case, the court can now order him to pay what is due to the landlord. If there is a continued default, the court can now validly issue the warrant.
2006-12-27 17:17:56 · answer #5 · answered by FRAGINAL, JTM 7 · 0⤊ 0⤋
Sure
2006-12-27 17:18:22 · answer #6 · answered by Anonymous · 0⤊ 0⤋