Failure to appear? Can you be arrested?
Date: Tue, 03/31/2009 - 13:39
In the paperwork he got it says "You must appear at the hearing and present your defense. Unless you do, judgment may be entered against you by default."
So what happens if he doesn't show up? Will they just enter a judgment against him and he will have to pay it? Or will they issue a warrant or come arrest him for failure to appear.
I called the Waste Disposal company myself and the lady was down right nasty when I asked her what would happen. I'm just trying to figure out what's going to happen to my husband considering he has joint custody of our daughter and she lives with him.
Can anyone helP?
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he will not be arrested.they will enter a default judgement for the plaintiff.that could also include court costs as well.that could open him up to garnishment,or bank account seizure for the amount he owes.he will not be arrested.just make have him make arrangements to pay when contacted regarding the judgement.
Paul is right.?? You can not be arrested for civil debt. ??
Paul is right.?? You can not be arrested for civil debt.
??
You would probably have been better off calling the court.
You would probably have been better off calling the court.
By the time my husband notified me of the situation the courts w
By the time my husband notified me of the situation the courts were closed. Thank you for easing my mind. I was so worried they were going to serve him a warrant in front of my 5 year old.
[samebox:1e439ec3d6="DebtCruncher"]Paul is right. You can not be
[samebox:1e439ec3d6="DebtCruncher"]Paul is right. You can not be arrested for civil debt. [/samebox:1e439ec3d6]
True, but in some cases you can be arrested for contempt of court...
This is the process in IL which can lead to arrest if a debtor ultimately does not show up to court:
1) Creditor files a complaint; court date set for about a month later.?? If debtor is served the summons at least three days before the court date, then if they don't show up??there is a default judgment in favor of the plaintiff.
2) After judgment, the creditor can file a Citation (to discover assets).?? Summons is issued and if served the debtor is commanded to appear to answer questions (ie where s/he works, sources of income, disclosure of bank accounts, and other assets that can be seized to satisfy the judgment.)
3) If the debtor does not show up for the Citation, there is still no arrest.?? BUT the creditor/judge then issues a "Rule" in short (properly, "Rule to Show Cause why s/he?? should not be held in contempt for failure to appear").?? Basically this Rule??gives the debtor one last change to show up in court with a good reason why they didn't show up the first time.
4) After the Rule, if the debtor still does not show up to court, then the creditor can motion for a body writ, and the judge will issue an arrest warrant??for the debtor.
So you see, in that sense, you can't be arrested for a debt itself.?? But you can be for ignoring a court summons.?? Albeit in IL the debtor has 3 chances to show up before a warrant can be issued.?? So to the OP I think your husband is safe.?? Just that he will get a default judgment against him and lose his right to defend himself against the claim.
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that is correct debtcruncher.i didn't mention that because i hope from what the OP stated that he won't be able to show for the initial hearing.i hope he will try to make arrangements after the judgement was rendered.