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Jack R.
Jack R., Attorney
Category: Legal
Satisfied Customers: 6147
Experience:  OH/TX Practicing Attorney focusing on Family Law, Foreclosure, Landlord-Tenant Issues.
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I live in Massachusetts and have filed a small claims case

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I live in Massachusetts and have filed a small claims case against a former tenant who moved to New Mexico. He has had a default capias issued against him. Can I give this info to a sheriff in N.M. to have him arrested or does the Court here automatically send it there to be served?
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The capias is a civil warrant designed to allow a sheriff to bring in a missing party to a civil case and have him appear. This is not a criminal warrant and therefore will not be executed upon outside of Massachusetts. Massachusetts Court will not automatically send anything to N.M for this matter.

You can get the Mass court's judgment registered in N.M. The N.M courts will then enforce the judgment as if it were a N.M court decision. This includes all methods of collection available to you in N.M.

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Customer: replied 3 years ago.
Can I do this thru the mail?
You will need to check with the court as far as filing by mail and pre-trial conferences by phone. different counties or courts can have different policies. Normally the other party has the right to request a hearing to fight the registration process which can require you to appear.


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