QUESTION
Can I be arrested for failing to appear in court for a civil suit?
Asked on Oct 10th, 2012 on Criminal Law - Michigan
More details to this question:
I am being sued by a credit union for not paying on a loan. I'm scheduled to appear at 9am which means I will have to miss a whole day of work and lose a point at work. I've already been told they will garnish my wages I just don't want to be arrested for failing to appear in court and I already know the outcome.
8 ANSWERS
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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You won't be arrested.
Answered on Oct 15th, 2012 at 4:47 PM
Jacob P. Sartz
It depends on the type of proceeding. If you were subpoenaed, then yes, you could be arrested for failing to appear. It's contempt of court if you fail to appear for a court-event after being subpoenaed to appear. This is frequently an issue if a person fails to appear for a creditor's examination or trial. Of course, failing to appear for a civil court-appearance could also result in a potential default judgment too, which is another serious risk. In terms of being arrested, though, the inquiry is whether there was a subpoena involved.
Answered on Oct 13th, 2012 at 4:55 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You cannot be arrested for failing to appear in court for a civil matter like this. There may be defenses to a garnishment.
Answered on Oct 11th, 2012 at 5:17 PM
Michael Paul Vollandt
Yes you can. The Court can issue a body attachment if you were properly served a ORAP by the Plaintiff. Usually the bail is low so most police will not arrest you but cite you again with a new court date. You will be sanctioned for you not showing up and have to pay for the attorney's time.
Answered on Oct 11th, 2012 at 11:43 AM
Thomas Edward Gates
No, but the other party will prevail on a default judgment. You will also lose your right to appeal.
Answered on Oct 11th, 2012 at 11:43 AM
Michael J. Breczinski
If you were given a subpoena then you have to appear in court. Otherwise the court just will enter a judgment against you.
Answered on Oct 11th, 2012 at 11:42 AM
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No, the judgment will be found against you - you will lose, but that is it.
Answered on Oct 11th, 2012 at 11:42 AM
Criminal Law Attorney serving East Lansing, MI
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Green Law Firm, PLLC
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You will not be arrested for failing to appear for this type of case as a defendant. Your failure to appear will result in the credit union being able to obtain a default judgement against you.
Answered on Oct 11th, 2012 at 11:41 AM