I just recieved a letter stating that there is a motion for a bench warrent out for my arrest, for not attending court. I recieve many summons in wich they have put leans on my home. this is all due to unpaid credit cards that keep revolving to collections. This has been happening for six years. this is the first time I have recieved any letter of this sort. What type of attorney should I start looking for, a crimal or bankruptcy?
Country relating to Question: United States
State (if USA): Colorado
Just recieved the letter today. So nothing
Hello. Thank you for your question.
A bench warrant is usually issued where someone has been ordered or subpoenaed to appear in court and fails to do so. Is that what happened in your case?
I was very hesitant about doing this, but not quite sure where to start with all of this?
Why did you not appear?
Well long story, but I have recieved so many of these throughout the years and nothing has happened and I was scared because I have never been in trouble with the law or anything I just planned on filing bankruptcy to get rid of all of these problems and it has gotten out of hand. It started right after I bought my house back in 06. When my ex- husband stopped paying child support and I almost lost my house so I needed to make a choice credit card or house so I let cards go?
I will start by saying that, because the nuances of every case are different, you should not rely on this information as advice or apply it to a specific situation without a more thorough consultation with counsel. But that said, when the court issues a bench warrant, it is primarily concerned with just getting the person into court--for a first-time offense, the court will usually drop any charge associated with the failure to appear once the person actually makes it into court.
You would want to contact a criminal Defense Attorney first, and ask that person to refer you to a bankruptcy attorney.
The function of contacting a criminal defense attorney is to help you get this warrant issue resolved as quickly as possible. From there, it is a matter of just exploring the option of discharging this in bankruptcy.
Does that make sense?
Also this company sent me a citation for contempt. I suppose for not filling for intagories? spelling- I am self employed and have a small res. cleaning business I was concerned they would throw me in jail or something for not showing up for all of the other summons I missed? The last letter they sent me was right before I had surgery, two days before I was undergoing a hip replacement and didnt know what to do that was in March.
I do apologize--although I understand those statements, I am not clear on the question. If it is not too much bother, could you rephrase the question? I do apologize.
Yes what you said does make sense. Do you have any idea on what I can expect as far as fees? I just wanted to inform you that this company had also sent that prior letter.
It is difficult to estimate costs without being more involved in the case. If your criminal matter can be resolved easily, it is realistic that you could have the whole thing resolved for a few hundred dollars. Separately, a bankruptcy could cost $2,000+.
The main concern is the bench warrant, and for any given case I would estimate that a first-time offense would be easy to resolve.
Did I explain that clearly?
yes - can you give me some advice on questions to ask when I start looking and calling in the morning to get this taken care of. Also the letter I recieved today says that there is a motion for a bench warrent, does that mean it's in the process or is it already offical?
A motion for a bench warrant is not the same thing as a bench warrant; it means that a party has requested that the court issue a bench warrant.
I would still talk to a criminal defense attorney, but if the warrant itself has not yet issued, that would make the matter that much easier to resolve.
You have to find someone who is right for you--that means someone with whom you feel comfortable. Don't feel like you have to go with the first attorney you meet.
If you choose someone who has at least two years of experience and with whom you feel comfortable, you will be happy with your results 9 times out of 10.
Very good. Did you have any other questions?
The only thing I can think of is how to go about finding an Att. Should I just look for one nearest me and ask how long they have been a crimal def. Att.
In which county do you reside?
Sorry- had to get my dogs in the house barking.- Douglas County
No problem. One moment please.
I would recommend contacting the county bar association. They have a very disappointing web page, but their contact information can be found in two places:http://www.cobar.org/index.cfm/ID/20115/subID/24715/DGLS//
If you contact them, give them your criteria, and ask for a referral, they can match you with someone.
Let me know if further clarification is needed, and please remember to click accept once you are finished; it does not cost anything extra to click accept, and it is the only way I may receive compensation for my time. Thanks.
perfect thanks for your help!
Attorney experienced in numerous areas of law.
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