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creditdummy
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Does filing a bankruptcy, Chapter 13, stop any capias that was issued and outstanding for not showing up to court for a credit card debt?

And how should you notify them? The attorney, or the sheriff, or both?

Or is the capias/warrant still valid even though you filed bankruptcy, after the court date that was assigned.

I live in Mass.

Thank you!!!!!

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I don't know what a capias is...but...its my understanding that as of the date you file all collection activity must cease until the BK is either dismissed or discharged. And...when you file the papers, the court notifies all creditors listed on your schedules.

However, if you filed like today, and had a court date like tommorrow, I'd suggest you go and tell the court you just filed. It takes like 10-14 days for the notices to be sent out.

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via regular mail from Sheriff,

with judgement to be held til court, or (second chance) show up tomorrow......

It's actually my husband.........

I went to first court date for him and showed them that this should have been paid via a refinance, and as far as we knew it was..... As per the Hud-1 docs....... they called it wasn't.

Hired lawyer to research the transaction with mortgage?

so when he doesn't show up in court, he'll be in Maine, will the sheriff come take him away?.........................

Thanks for the help!

Was going to file the papers myself on Friday, to stop the arrest if i can!

fast and furious BK?

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Sounds to me like the Sheriff was used to serve process (mail you the summons).

There is no "debtor's prison" in the U.S. (except for child support). This is a civil matter, not a criminal matter. The Sheriff will not come haul anyone away.

A default judgment will be entered and the plaintiff can then seek other remedies (garnishment, liens, tax return seizure, as allowed by law).

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It says CAPIAS

CIVIL WARRANT OF ARREST

Judgement Creditor (or creditor's attorney) who must arrange service of capias

LAWYERS NAME AND ADDRESS

JUDGEMENT DEBTOR AGAINST WHOM CAPIAS IS ISSUED

NAME AND ADDRESS

TO ANY OFFICER AUTHORIZED TO SERVE CIVIL PROCESS:

The Court considers the above named judgement debtor to be in contempt for failure to appear in court as ordered.

WE COMMAND YOU, therefore, to arrest the above named judgement debtor and forthwith to bring him or her before this Court to answer for his (or) her alleged contempt.

This capias expires on 2/24/2006

The Court has not authorized an arrest under this capias to be made after sunset

FURTHER ORDERS OF THE COURT

nothing listed

Signed by Clerk Magistrate

If it is a scare tactic IT WORKED........

attaced is a letter from the sheriff department

Please be advised that due to your failure to respond to previous request to appear in court to clear you outstanding warrant a final court date has been assigned.

If you do not appear in court on the date and time listed below, a warrant team will be assigned to arrest you. You may be held in the house of correction until your case can be heard.

You must apear in the attleboro district court on Thurday, April 14, 2005 at 10 am on the second floor

Sgned

Benton Keene III

deputy sheriff....................

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There is no BK here, so that's what I don't get.

Let's look at the definitions:

Judgment debtor - The person against whom an award is made in a civil suit.

Capias - A type of arrest document issued by the court charging the offender with a violation of a court order or court process of contempt of court.

What court order? Not showing up so the creditor got a default judgment?

creditdummy, what are the specifics surrounding this case? Something sounds waaaaay off.

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Specifics, I hope I can make sense of them:

A default judgement was given sometime in 2004, for a Citibank debt.

In May of 2004, we refinanced our home, (knowing nothing about the default judgement), this payoff was required by the lender to meet income criteria, and as per the HUD-1 Doc, The title company was to pay off citifinancial in full. (a little over $2,000.00)

Received sheriff notice back in January for my husband to appear in court on X date. I went, since he works and we can't afford for him to lose the time out of work for a bill that was paid. Brought the HUD-1 Doc, and showed the attorney, they called Citifinancial, and low and behold it wasn't paid. The continued the case to Feb 24, 2005, to give me time to look into it.

Next step, went to an attorney, regarding the closing on the house, showed him all the docs, and explained the confusion surrounding the closing... (long story).............and he said I think we have a case. This lawyer sent a letter the the title company back in 'Feb requesting there copy of the closing documents. No communication other than that letter. I ASSUMED this lawyer would contact the Citifinancial lawyer.............. since that is what brought me too him. Guess not!

On Monday, received the leter (via regular mail, return service requested, stamped on envelope) posted above to appear in court on Thursday.

My husband will not be attending as he is in Maine for work, so I am worried about them showing up at the house and taking him away to jail, as stated in the sheriff letter.

The bankruptcy question is: I've been working on getting the paper work together and filing, and was wondering if I file it now. Does it void the civil arrest warrant since it is for a credit card debt?

I hope, I made sense of this all for you, because I really need some advice.

If you are unclear about something, let me know.

Thank you so much for your help.

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My guess is no. The bk filing will halt collection activity but, the warant is a separate issue.

Just a guess but if your husband appears with a bk filing number the judge will likely squash the warrant since the issue is now moot. But, I believe he still needs to deal with it separately from the bk.

Again, he really needs a lawyer.

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Lady's right as usual.

On the heart of the matter. You said the title company took money to pay off this Citibank debt to make the refinance loan possible...

WELL where the FK is the receipt for this payment? Either the title company kept YOUR MONEY and didnt pay Citibank, or they DID pay Citibank and all of this is total BS on the part of Citibank (lost paperwork, cross wires, etc).

So what is it? Somebody did something illegal here, either the title company (who I assume took $$ off the top of the re-finance amount to pay off the Citibank acct) kept the money illegally which is CRIMINAL FRAUD.... OR Citibank got payment and is deliberately pursuing collection of a paid debt which is an act of CRIMINAL FRAUD.

Further, who in thier right mind BLOWS OFF a court date? DONT DO IT. EVER.

Here you effectively blew off TWO dates, the hearing that generated the default judgement AND the hearing for the debtor's exam. Purhaps on the original default judgement you have grounds for vacating it.... lack of proper service, given you never even knew it was happening. SOunds like all you need to do is APPEAR (your Husband had BETTER be there) and lay out the situation for the judge, and the tune will change in a hurry.

Again, I ask the one crucial question here.... WHAT HAPPENED to the payment the titlecompany said had to be paid to Citibank as part of the requirements to get the re-financing loan? you got the laon right? So WTF.

________

Juggalo

Edited by uwackme
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