Goose I'm 90% in agreement on that. However he was served under exact name and address. 3 weeks to phone me and avoid the courthouse.
Not showing up and his world goes completely upside down. I file another form, serve for asset and bank account disclosure appearance. Doesn't show then it goes to bench warrant - then it gets worse. Mexicans just don't eat saeurkraut.
Esplanade is right. It doesn't go completely like this.
Failure to show will lead to a default judgment. You can file a disclosure hearing if that judgment isn't paid within the time set by the Court. Failure to show at the disclosure hearing will lead to a civil order of arrest, but don't be fooled. This is not a bench warrant.
It is correct, however, that you can seek to attach assets. You can look to property and bank accounts.
Goose I'm 90% in agreement on that. However he was served under exact name and address. 3 weeks to phone me and avoid the courthouse.
Not showing up and his world goes completely upside down. I file another form, serve for asset and bank account disclosure appearance. Doesn't show then it goes to bench warrant - then it gets worse. Mexicans just don't eat saeurkraut.
Esplanade is right. It doesn't go completely like this.
Failure to show will lead to a default judgment. You can file a disclosure hearing if that judgment isn't paid within the time set by the Court. Failure to show at the disclosure hearing will lead to a civil order of arrest, but don't be fooled. This is not a bench warrant.
It is correct, however, that you can seek to attach assets. You can look to property and bank accounts.
If the judgment debtor has been served with either: 1) an Order to Produce Statement of Assets and to Appear for Examination (see above "Requiring Production of the Statement of Assets"), or 2) an Application and Order for Appearance and Examination (see above "Hearing to Disclose Assets"). Their appearance at the hearing is mandatory. If the judgment debtor does not appear, the Judge may order a bench warrant for their arrest.
It is your responsibility to have the bench warrant "issued" to the Sheriff for enforcement
If the judgment debtor has been served with either: 1) an Order to Produce Statement of Assets and to Appear for Examination (see above "Requiring Production of the Statement of Assets"), or 2) an Application and Order for Appearance and Examination (see above "Hearing to Disclose Assets"). Their appearance at the hearing is mandatory. If the judgment debtor does not appear, the Judge may order a bench warrant for their arrest.
It is your responsibility to have the bench warrant "issued" to the Sheriff for enforcement
If the judgment debtor has been served with either: 1) an Order to Produce Statement of Assets and to Appear for Examination (see above "Requiring Production of the Statement of Assets"), or 2) an Application and Order for Appearance and Examination (see above "Hearing to Disclose Assets"). Their appearance at the hearing is mandatory. If the judgment debtor does not appear, the Judge may order a bench warrant for their arrest.
It is your responsibility to have the bench warrant "issued" to the Sheriff for enforcement
You should read the rules on small claims actions first. I don't know what state you are in, but most states don't offer an actual warrant in small claims actions, even after disclosure hearings, rather a civil order of arrest.
If the judgment debtor has been served with either: 1) an Order to Produce Statement of Assets and to Appear for Examination (see above "Requiring Production of the Statement of Assets"), or 2) an Application and Order for Appearance and Examination (see above "Hearing to Disclose Assets"). Their appearance at the hearing is mandatory. If the judgment debtor does not appear, the Judge may order a bench warrant for their arrest.
It is your responsibility to have the bench warrant "issued" to the Sheriff for enforcement
You should read the rules on small claims actions first. I don't know what state you are in, but most states don't offer an actual warrant in small claims actions, even after disclosure hearings, rather a civil order of arrest.
If I remember, the rules are pretty straightforward, except for Santa Clara for some odd reason.
If I remember, the rules are pretty straightforward, except for Santa Clara for some odd reason.
No show. Win by default.
Now wait 30 for defendant to respond and then file form sc 134 and produce statement of assets in court.
No show there = bench warrant.
No show. Win by default.
Now wait 30 for defendant to respond and then file form sc 134 and produce statement of assets in court.
No show there = bench warrant.
He lives in Anaheim which is 15 minutes from jail. Either way it doesn't matter where he gets caught in California. He will be transported no matter what. DMV's actually communicate all over the country now I believe.
He lives in Anaheim which is 15 minutes from jail. Either way it doesn't matter where he gets caught in California. He will be transported no matter what. DMV's actually communicate all over the country now I believe.
Don't really expect to get the money back, but the thought of him driving and walking in fear of arrest for 10-20 years is worth it. Everybody's cool and sneaky until they get hooked up and hauled off to the slammer.
Don't really expect to get the money back, but the thought of him driving and walking in fear of arrest for 10-20 years is worth it. Everybody's cool and sneaky until they get hooked up and hauled off to the slammer.
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