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TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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Hi, I just missed my civil case hearing about a month ago

Resolved Question:

Hi,

I just missed my civil case hearing about a month ago after turning myself in because a body attachment was issued. I just received another visit from the sheriffs department, so I'm guessing that another body attachment was issued. Is there any way to settle this without having to spend a few hours in a cell to see a judge? And if yes or no, how should I proceed next? Since missing another day of work due to legal matters might get me fired.
Submitted: 5 years ago.
Category: Legal
Expert:  TexLaw replied 5 years ago.

Zachary D. Norris :

hi

Zachary D. Norris :

What were you sued for?

Customer:

I was sued for not paying a $1000 to a car dealership while I had a rental that I got into an accident with

Customer:

I wouldn't mind paying the $1000

Zachary D. Norris :

Have you gone to trial?

Customer:

I've turned myself in after the last body attachment was issued and I was issued a new court, which I missed since I thought that it was a month after I had showed up to court

Customer:

So I didn't pay much attention to the paper work which I was given until the next month and when I did read it, I found out that my trial date had been on the same month that I had turned myself in when the body attachment was issued

Zachary D. Norris :

OK. The first problem is that you haven't been paying attention to the paper work. That's the most important part of being in court, as the documents will tell you what the controversy is and when to show up.

Zachary D. Norris :

If you don't show up, then the judge is going to hold you in contempt, which is why you keep getting placed in jail.

Zachary D. Norris :

This, of course, you know already.

Customer:

Yes I do

Zachary D. Norris :

But what you need to do next is find out what part of the lawsuit you are in now.

Customer:

How can I find that out?

Zachary D. Norris :

You need to find out if a "default judgment" has been issued by the court against you.

Zachary D. Norris :

And if so, you need to get a copy of it.

Zachary D. Norris :

Do you know what court it is in?

Customer:

Yes, its in Rockville, MD

Zachary D. Norris :

ok...but what is the name of the court?

Zachary D. Norris :

Is it in "District Court"

Customer:

DISTRICT COURT FOR MONTGOMERY COUNTY - CIVIL SYSTEM

Customer:

That's what I'm seeing

Zachary D. Norris :

ok...give me a second and let me see if that county has an on line system

Customer:

Thanks!

Zachary D. Norris :

This may take a second for me to look for so just hand tight with me ok?

Customer:

No problem, I'll be here

Zachary D. Norris :

OK. Unfortunately, Montgomery County doesn't have online access to the court records

Zachary D. Norris :

So, what you need to do is call this number: (NNN) NNN-NNNN

Zachary D. Norris :

That is the number to the court clerk.

Zachary D. Norris :

You are going to give the clerk the "cause number"

Zachary D. Norris :

Can you locate that number on your document?

Customer:

I believe that the case number XXXXX XXXXX

Zachary D. Norris :

there you go.

Zachary D. Norris :

OK...let me back up.

Customer:

sure

Zachary D. Norris :

Do you see what court number it is?

Zachary D. Norris :

Or what the judge's name is?

Zachary D. Norris :

Actually...give me one second...I just found another portal that could be useful to this discussion.

Customer:

I'm not seeing the judges name

Zachary D. Norris :

all good. I just located your case online.

Customer:

That works

Zachary D. Norris :

Let me take a look at the records and I'll see what I can figure out for you.

Customer:

I was just gonna suggest that

Customer:

Thanks again

Zachary D. Norris :

OK. The last record on the court's system shows that on October 4, 2011 another Notice of Body Attachment was issued by the Court

Zachary D. Norris :

It also shows that the Court has already issued a judgment against you for $1,065.00

Zachary D. Norris :

The easiest way to get rid of this thing would be to pay it....

Zachary D. Norris :

But here's what I suggest.

Zachary D. Norris :

You need to call the Plaintiff's attorney

Customer:

So, what can I do to rectify this and avoid spending time in jail for something that I'd rather have taken care of

Zachary D. Norris :

Do you have their phone number?

Customer:

I'm seeing the plaintiffs attorneys name and firm, so locating their phone number shouldn't be hard at all

Zachary D. Norris :










Name:PULS, EDWARD J JR
Connection to Complaint:ATTORNEY FOR PLAINTIFF

 













Address:9428 REISTERSTOWN RD.
City:OWINGS MILLSState:MDZip Code:21117

 

Customer:

Yup, that looks right

Zachary D. Norris :

Call that attorney and tell them that you want to pay.

Customer:

What should I do once I call?

Customer:

And that should take care of it? And what about the body attachment?

Zachary D. Norris :

Yeah, if they agree to take payment, then that's the only reason that there should be the need for a body attachment.

Zachary D. Norris :

You need to say "I will pay the amount due in exchange for a release of judgment"

Zachary D. Norris :

That way, you pay the money,, they release you from the judgment and you should be good to go.

Zachary D. Norris :

If you can't pay the entire amount, then let the attorney know

Zachary D. Norris :

See if they will agree to a payment plan or something

Customer:

I can and want to pay the entire amount. The only reason why I missed the trial is because I didn't pay enough attention to the paperwork.

Customer:

That is the last time I will not pay attention to legal paperwork

Zachary D. Norris :

OK...just give the attorney a call...but don't pay unless they agree to give you a release of judgment

Zachary D. Norris :

And agree to call the court and request that the body attachment order be cancelled upon your payment

Customer:

Ah, thanks for that tid bit of info

Zachary D. Norris :

No worries. Is there anything further I can do for you?

Customer:

Nope, you have been beyond awesome. If you were next to me, I believe that I could possibly hug you and I am not the hugging type

Zachary D. Norris :

Ha! Thanks! XXXXX!

Customer:

Thank you so much for your advice Zach! And I will get this resolved!

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