apparently i was served papers at my old job... the new girl who works there thought the guy was a courier, and signed for me like she has many times in the past since the courier company doesn't realize i have left... that was over a month ago, and she just mailed the paperwork after it sat in her desk this whole time...
it appears as though the papers were served by a law office for at&t on an account i've never had. nevermind the whole identity theft portion of this, that's going to be my next step, but will the judge have issued a bench warrant for my arrest for failure to appear in court? if so, would it be valid only in the county where issued, or would it be valid statewide?
thanks for your help, i've never been in trouble with the law before and i don't want to make things worse by ignoring the problem!
2007-05-21 07:32:37 · 13 answers · asked by tracii 3 in Politics & Government ➔ Law Enforcement & Police
well - if it is a simple civil matter, the judge will enter a default judgment and that is the end of it. so the answer has to be no there is no warrant out for your arrest.
now, you have to understand that this judgment could be detrimental towards you, you need to find out what it is, since it will eventually lead to your wages being garnished.
you are saying someone served you papers and the new girl signed for it? that is not serving papers and you could have a standing in court based on that and demand a new trial.
be this all as it may - don't let it slide.
2007-05-21 13:30:25 · answer #1 · answered by jandrkeller 4 · 0⤊ 0⤋
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2016-06-02 15:31:08 · answer #2 · answered by ? 3 · 0⤊ 0⤋
If it is a civil matter you can not be put in jail unless there is some serious fraud or a contempt of court. When you did not show up for court all they did was entered a default judgement which is why you have the lien. Unless there is more to the story if the lawyer said this and not just an employee at his office you probably have a good case to file a complaint with the local BAR association, as well as a violation of the FCRA. If it was just an employee you at least can claim a violation of the FCRA. Creditors are not allowed to threaten you with actions they can not or have no intention of taking. If he is a local attorney, offer to pick it up the information rather than relying on him sending it. If he already sent it once, he should have the items ready. So you should call him and let him know you are coming at ____ time to pick it up.
2016-05-19 00:07:07 · answer #3 · answered by Anonymous · 0⤊ 0⤋
In Delaware, a Bench Warrant (we call it a capias in a non-criminal matter) would be issued and it would be valid throughout the entire state. This may not be true in your case, but it might. The best course of action is to present yourself to the Court which called for your appearance initially and have a bond hearing held on the matter to get THAT part out of the way.
2007-05-21 07:36:47 · answer #4 · answered by Yahzmin ♥♥ 4ever 7 · 1⤊ 0⤋
If it's just a Civil issue, and you don't show up. They simply rule in favor of the person taking action against you and award them a garnishment or something of that nature.
2007-05-21 07:36:33 · answer #5 · answered by customcat2000 4 · 2⤊ 0⤋
Usually when you don't show for a civil matter, the judge rules in favor of the other party by default.
2007-05-21 07:36:34 · answer #6 · answered by tikitiki 7 · 1⤊ 0⤋
THEY MAY NOT ISSUE A WARRANT BUT ATT WILL WIN THE SUIT BY DEFAULT MAKING YOU LIABLE FOR THE CHARGES. THEY WILL TRY TO GARNISH YOU PAY CHECK NEXT YOU WILL WANT TO TAKE CARE OF THIS ASAP BEFORE THEY DO.
2007-05-21 07:48:27 · answer #7 · answered by pianoboy06 2 · 0⤊ 0⤋
normally a bench warrant is issued when you are still in jail. it is so you can be brought back to that jurisdiction for a trial or hearing
2007-05-21 20:43:12 · answer #8 · answered by charlsyeh 7 · 0⤊ 0⤋
THEY MAY NOT ISSUE A WARRANT BUT ATT WILL WIN THE SUIT BY DEFAULT MAKING YOU LIABLE FOR THE CHARGES. THEY WILL TRY TO GARNISH YOU PAY CHECK NEXT.
2007-05-21 07:37:18 · answer #9 · answered by strike_eagle29 6 · 1⤊ 0⤋
Sounds like you need to talk to a lawyer in your state and not be asking Yahoo for advice. This is way to serious.
2007-05-21 07:38:19 · answer #10 · answered by Anonymous · 0⤊ 1⤋