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FAQ

For a civil family suit what will be the consequences for not paying courtcosts and failing to appear at collection hearing? Can a person be arrested?
I will try to answer only in a very general sense. Please do not take this asadvice on your particular situation because there are just too many variables.In general failing to appear will not lead to an arrest unless either 1 thematter is a criminal case youve been charged with a crime or 2 you havefailed to appear in the past and the judge finds your continued failure toappear is a contempt of court. Not paying court costs can lead to a judgmentagainst you which can lead to other consequences such as impact on your creditscore etc. it is best to appear and try to work things out. Ignoring it onlymakes things worse.
How do I start a supplemental hearing in court (for debt collection)?
It depends on the jurisdiction. In the Commonwealth of Massachusetts ajudgment creditor files an Application for Supplementary Process along with anapplication fee of 45. A summons is then issued commanding the judgmentdebtor to appear in court and be examined as to the nature and extent of hisassets. The court will usually issue a payment order compelling the debtor topay. If the debtor fails to appear the court may issue a civil capias whichdirects a sheriff to effect a civil arrest and bring the debtor before thecourt and answer as to why he should not he held in contempt. If the debtorfails to comply with the payment order the creditor can petition for a showcause hearing at which time the creditor must proffer forth evidence thatdemonstrates the debtor had the ability to pay. If so demonstrated to thecourts satisfaction the debtor will be held in civil contempt andincarcerated until he purges himself of the contempt pays the amount due.THIS COMMUNICATION CREATES NO ATTORNEY CLIENT PRIVILEGE OR RELATIONSHIP BUT ISFOR INFORMATIONAL PURPOSES ONLYShalom aleichem lchaim.
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