QUESTION
What can I do if I have a threat for a bench warrant because of an outstanding loan of $1100?
Asked on Oct 15th, 2012 on Bankruptcy - California
More details to this question:
I have a collection agency threatening me with a bench warrant.
15 ANSWERS
Bankruptcy Attorney serving Hampton, VA
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Haven Law Group, P.C.
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You certainly can stop the lawsuit through filing a chapter 7.
Answered on Oct 25th, 2012 at 7:31 PM
The collection agency can sue you for the $1100, but you cannot be arrested for a delinquent debt or failure to pay a judgment. Try to settle if you can.
Answered on Oct 18th, 2012 at 2:35 PM
You can pay it. You can ignore it. You can file a Chapter 7 Bankruptcy and make it disappear.
Answered on Oct 18th, 2012 at 6:45 AM
Chapter 13 Bankruptcy Attorney serving Beaverton, OR
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Law Offices of Alexzander C. J. Adams, PC
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Collection agencies cannot issue bench warrants - only judges can. The only time in Oregon that you can be arrested for a debt is if you fail to appear at a judgment debtor's exam. If you fail to appear at this, the judge may issue a warrant - but it is for breach of the court order to appear and not for failure to pay debt. That is not the case in other states.
Answered on Oct 18th, 2012 at 6:43 AM
You cannot be arrested because you owe money. If you have been ordered to appear in court (not a summons, which just tells you that you have been sued) using a form called Order to Appear for Examination and you failed to appear in court, then a warrant can be issued. That can only happen after you have already been taken to court and you have lost the case and there is a judgment against you that you have not paid. Read the notice carefully. Often collection agencies will send out notices that imply or suggest that something could happen or might happen to make you think that something bad will happen to you when it really won't. Collection agencies operate on fear and often the only way to make fear is to create the impression that something bad will happen or that they have more power than they really do. More than likely you are being subjected to an abusive and illegal collection practice. See an attorney about turning the tables on these folks.
Answered on Oct 17th, 2012 at 8:49 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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They can not get a bench warrant unless they have a judgment, and you have failed to respond to a subpoena. Tell them that they are in violation of the fair debt collection act, get their name and number and counter sue for violations.
Answered on Oct 17th, 2012 at 3:03 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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In Arizona the only way a creditor can get a bench warrant is if you do not show at a court ordered debtor's examination. Consider getting advice about filing for bankruptcy. But, please understand that bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step. Most Arizona bankruptcy attorneys offer a free consultation about the basics of bankruptcy
Answered on Oct 17th, 2012 at 2:53 PM
Law enforcement is not in the business of collecting debts. File a complaint against this debt collector with the state agency that regulates debt collectors (Nevada Financial Institutions Division) or with the FTC.
Answered on Oct 17th, 2012 at 1:09 PM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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A collection agency can't get a bench warrant for your arrest. You can't get arrested for owing money. If a court (not a collection agency) orders you to do something or show up somewhere and you disobey the order, you can be jailed for contempt. But not for owing money. Collectors who say they're going to have a debtor arrested are lying.
Answered on Oct 16th, 2012 at 2:53 PM
Consumer Bankruptcy Attorney serving Los Angeles, CA
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Orantes Law Firm
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Unless you're talking about a Las Vegas gambling debt or a traffic debt, bench warrants are extremely rare, if they even exist at all, in the 50 States of our union. Consult an expert. Call us at 213-389-4362 for a free initial in-person consultation if you have more debt to discharge.
Answered on Oct 16th, 2012 at 2:50 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Sue them for their violations. Only a judge can issue a bench warrant, and we do not have debtor's prison in this country. It is a blank threat. Consult with an attorney in your area.
Answered on Oct 16th, 2012 at 2:49 PM
Bankruptcy Attorney serving Seattle, WA
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Henry & DeGraaff, PS
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If you are being threatened with a bench warrant, it is likely you already have a judgment against you. You may be able to settle the debt, but many people in this situation find bankruptcy to be the best option. It is important to understand that the threat is real - if you do not appear in court for supplemental proceedings, you can be arrested for failing to appear.
Answered on Oct 16th, 2012 at 2:47 PM
Daniel James Wilson
Collection agencies are low-life scum-sucking toads. Has the collector obtained a judgment? If a creditor gets a judgment they can ask the court to issue interrogatories to find out where your assets are. If you don't answer the interrogatories the court will issue a bench warrant for contempt. But the low-life scum-sucking collection agent cannot throw you in jail. Dan Wilson Dan Wilson Bar Prep DWBar.com danwilsonbankruptcy.com 720-839-0727 dwilson@law.du.edu
Answered on Oct 16th, 2012 at 2:35 PM
Bankruptcy Attorney serving Myrtle Beach, SC
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Law Office of Margaret L. Evans, PC
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If its something like child support or alimony, you certainly can be arrested for that. However, you can NOT be arrested for non-payment of most unsecured debts (other than domestic support obligations).
Answered on Oct 16th, 2012 at 2:32 PM
Construction Litigation Attorney serving Mission Viejo, CA
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Law Office of Christian F. Paul
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This sounds like a violation of the Fair Debt Collection Practices Act, and something the agency should be confronted with. Unless you missed a properly noticed judgment debtor exam and the judge issued a bench warrant against you, which can only happen after there is a judgment entered against you, I can't see how a collection agency could get a warrant for your arrest.
Answered on Oct 16th, 2012 at 2:29 PM