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PlotinusLaw
PlotinusLaw, Attorney
Category: Legal
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Experience:  14 years of experience in all areas of family law.
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In Massachusetts, is a Capias Civil Warrant of Arrest (received

Customer Question

In Massachusetts, is a Capias Civil Warrant of Arrest (received in Open Court) a public document? In other words, am I allowed to tape it to the door of her office or show it to people, like an arrest warrant? Or is it like a collection agency, where it is governed by rules of dept collection?
Submitted: 4 years ago.
Category: Legal
Expert:  PlotinusLaw replied 4 years ago.
Hello. Thank you for contacting just answer and for allowing me to help you with your question. Before I can help you I need to know why the warrant was issued and what kind of relationship do the people you want to show this warrant to have with the Defendant, that is, is it a private or personal relationship? Please understand there may be a delay in how quickly I can answer your question, as I may be assisting another customer, or I may be called away from my office momentarily.
Customer: replied 4 years ago.

It is a contract case with a forner friend who owed me money and agreed in writing to repay it, but didn't. The warrant was issued because she didn't show up in court (twice) though she accepted service, the standard for accepting service in small claims court being that first-class mail is received and not returned.

 

So a default judgment was issued after the first no-show. After the defendant made no attempt to contact me following that, I returned to court and the the warrant was issued.

 

I would like to show this to her employer (or at a minimum the departmental administrative assistant to give to her directly), and/or post it on her office door. I would also like to show this to other family members.

 

thanks for your promptness! But take your time -- no urgency.

Expert:  PlotinusLaw replied 4 years ago.
Thank you for the additional information and for being patient. While I was waiting for your response, I was researching the MA general laws. I found no statute per se that prohibits the kind of action that you are suggesting. Court records, whether civil or criminal, are a matter of public record and are available to anyone who requests them, unless those records have been sealed by a court order. Even then, the seal can be lifted if the person requesting them can demonstrate a compelling interest which outweighs the need for privacy. However, statutory law is not the only law on which our system of justice is based. There is also the common law, and, pursuant to the common law, the defendant in your case always has the option of pursuing independent claims against you for tortious interference with an existing business relationship (informing her employer) as well as intentional infliction of emotional distress if the defendant can demonstrate that the elements of those actions have been met. However, because the defendant has not responded to your summons and has not honored the judgment, based on the information in your post, it sounds like you have a legitimate reason in contacting her employer as well as her family, because you are trying to locate her in order to serve documents on her. As you are already aware, when participating in a law suit, there are service requirements that must be met. These actions are no different than those engage in by process servers every day. I hope that you have found this information helpful. In addition, please remember that this is intended to be information only, it does not create an attorney-client relationship between you and I, and, you should always seek additional, more thorough consultation with a local attorney. If there is anything that I have not explained clearly, or, if you have any further questions, please do not hesitate to ask a follow-up question. Finally, please remember to click the green "accept" button so that I may receive credit for this answer as well as any comments or feedback you may have.


PlotinusLaw, Attorney
Category: Legal
Satisfied Customers: 733
Experience: 14 years of experience in all areas of family law.
PlotinusLaw and 13 other Legal Specialists are ready to help you
Customer: replied 4 years ago.
I got an email saying $28. Did you get your $10 tip? Your answer was a 10 on a scale fo 10 in every measure -- promptness, reasoning and of course result.
Expert:  PlotinusLaw replied 4 years ago.
I did, thank you very much and thank you for using JustAnswer.

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PlotinusLaw
PlotinusLaw
Attorney at Law
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14 years of experience in all areas of family law.