QUESTION

Can I pay the bill at the court to get the bench warrant lifted? If I do, will it be lifted automatically or do I still have to turn myself in?

Asked on Feb 11th, 2013 on Landlord and Tenant Law - New York
More details to this question:
I have a bench warrant against me for failure to appear for a small claims back rent case. To get the warrant lifted off of me, can I just pay the bill off at the courts and if I do, will the warrant automatically get lifted or do I have to turn myself into the law get booked then immediately pay the bond to get myself out?
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6 ANSWERS

Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC at Love and Dillenbeck Law
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You need to get an attorney, I have never heard of a bench warrant being issued in small claims court. Magistrates who hold small claims court in NC don't have warrant powers for civil court.
Answered on Feb 13th, 2013 at 8:02 PM

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It sounds like you have had a civil bench warrant issued for your failure to show up at a judgment debtor exam. You can go to court and explain to the judge that you want to pay off the judgment and the judge will quash your bench warrant and set a new date for you to appear. Generally they do not arrest on civil bench warrants, however they do have the power to do so if you miss court.
Answered on Feb 13th, 2013 at 7:19 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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You will probably have to appear, but talk with the court clerk because each court is different.
Answered on Feb 13th, 2013 at 10:08 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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See an attorney for assistance, the courts actions are up to the court, but generally they are not really interested in jailing people.
Answered on Feb 13th, 2013 at 10:08 AM

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Arts Attorney serving Berkley, MI at Neil J. Lehto
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Frequently, judges set bond in amount of the judgment when they issue bench warrants for failing to appear. If you turn yourself in, and pay the bond, you will be released pending a court appearance on the bench warrant. If you agree, and the bond is sufficient, it could be turned over to the landlord. If you disagree, or the bond is insufficient, you will be given a new court date to appear for the back rent case.
Answered on Feb 13th, 2013 at 10:08 AM

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Kevin J. Connolly
You have a major major major problem. Landlord or Tenant court doesnt issue bench warrants. It issues WARRANTS TO REMOVE, the paper that the landlord gives to the marshall for him to remove you at the point of a gun. I assume that's what you have. No, you can't pay the court. You have to pay the landlord. He has to cancel the eviction. Have you received the three-day notice? If you pay the landlord and he won't cancel the eviction, or if he refuses to accept payment, then you need to go to court and get a stay. If what you have is a true Bench Warrant then you need a criminal lawyer.
Answered on Feb 13th, 2013 at 10:07 AM

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