Arrest warrant

This is in NJ

He responded to the Info Subpoena - he is not required to offer payment.

I suggest he now close every bank account listed on the Info Subpoena and move the funds somewhere else.

No you cannot be arrested...debts are civil matters, not criminal.

did he ever agree to an arrangement called "pay out of income"? if so, if he doesnt follow through with that agreement the law firm can file a motion with the court holding him in contempt of that agreement and then can issue a warrant for his arrest for failure to comply.

i might also add that a granted order for contempt "POI (pay out of income)" is a pain in the ass to enforce, as the law firm with the original arrangement would probably be happy to just get you back on arrangements than bother with that waste of an order.

chances are you will never be arrested for it (but dont get me wrong, it IS possible). so the law firm would rather have the voluntary payments.

Agreed. Possible, but highly unlikely. Contempt of Court *is* punishable by fine and/or a jail sentence, so even though in this case the arrest wouldn't be *technically* for debt, but it's so socially unpopular that it is almost never done unless the debtor is suspected of hiding available funds (i.e. holding the court in contempt).

I never agreed to the "pay out of income", but it may have been a court order... the heading on the document states"Failure to Comply with this Order May Result In Your Arrest" it comes from Pressler & Pressler letterhead, yet appears to be signed by a judge

Sounds to me like Pressler may have violated the Fair Debt Collection Practices Act. Try calling a lawyer in your state who can review that claim for you. The National Association of Consumer Advocates (NACA) has a website you can go to to find an attorney in your area.

ONCE A JUDGMENT HAS BEEN FILED, YOU WOULD BE REQUIRED TO FILL OUT AN INFORMATION SUBPOENA WITHIN 20-45 DAYS. IF YOU FAIL TO FILL THAT OUT THEN THE ATTORNEY WILL NEED TO FILE A MOTION TO COMPEL, THEY FORWARD ANOTHER I/S TO WITH 20 DAYS TO FILE...FAILURE TO FILL THAT OUT WILL RESULT IN A MOTION FOR CONTEMPT THEN A WRIT OF BODILY ATTACHMENT. AT THAT POINT YOU CAN BE ARRESTED SINCE A WARRANT ON YOUR BODY WILL BE ISSUED. YOU WILL NEED TO POST A BOND EQUAL TO THE AMOUNT OWED.

:shock:

I did complete the information supeona and retunred it to the law office

I also recieved the same as above, I have chosen not to fill anything out or agree to anything since this company claims they are working with a law firm. Whenever asked to prove the debt is valid I get no response, the docket number apparently is not even in the correct sequence or the correct amount of digits to be a docket #. They placed a judgement on my credit report and now are claiming they are going to go through with garnishment on my wages. This company has various complaints online and with Better Business Bureau....how are they allowed to continue without giving information about the debts they claim are owed.

OP - you may not have signed on for the agreement, however the law firm can apply for whats called a "non-consent pay out of income" order. again, if granted you will be served with the granted court order. Failure to respond to and comply with a granted POI order can lead to an arrest warrant. as i said before, its troublesome and difficult to enforce. call the law firm and set up a mutual arrangement schedule.

I have a judgment against me that was granted 90 days ago. Should I recieve an information supeona soon or what is the next process? Will the laywers automatically go after any bank accounts I have? I live in PA