My husband and I live in California. There is a Maryland Small Claims judgment against him in the amount of $1188. Plaintiff is a management Co. The claim is for non payment of maintenance fees in the neighborhood in which we had a parcel of unimproved real property. Earlier this year, we lost the property in a tax sale. We are not disputing the judgment amount. Last week, our postman left a registered envelope containing an order for my husband to appear at the Maryland court this June for examination of our assets, bank accounts, deeds, etc. He did not sign the registered letter and the court is 3,000 miles away! If my husband does not appear, a bench warrant will be issued. How will that affect him here in California? I would call Plaintiff to negotiate monthly payments, but I'm concerned he'll want all my personal info before agreeing to payments. What are your thoughts?
Country relating to Question: United States
State (if USA): Maryland
Hi and thank you for using JustAnswer!I am sorry to learn of these circumstances. Please clarify: is your husband planning to travel in/out of the U.S.?
No my husband is not planning to travel in/out of the U.S.
Thanks. Then the warrant will have no impact on him. No one's coming from Maryland to arrest him and Maryland will not pay to have him extradited from California.What should be happening is that they file a lawsuit in California to "domesticate" the Maryland judgment and then use the California courts to garnish his wages, bank accounts, etc.You cannot negotiate any payments for your husband. If anyone calls them to set up payments, it should be your husband.It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things. Please let me know if there is anything else I can provide to give you excellent service!"
Thank you for your answer. I assume that a bench warrant is lifetime unless the Plaintiff's judgment has been satisfied. Plaintiff would then request the removal of the bench warrant. Am I correct?
The bench warrant will remain in effect until the person pays off the judgment, is arrested, or the judgment is discharged in bankruptcy, or the person dies.
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