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Barrister, Attorney
Category: Legal
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Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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An agency has served an "order to produce statement of assets

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An agency has served an "order to produce statement of assets and appear for examination" today, when the hearing date is at the Beverly Hills, CA court next Wed.

In the back side of this document, clearly states that this document should be served at least 10 calendar days before the date of hearing which is next Wed. Unfortunately the agency I hired for the serving after over 10 attempts were only able to serve the defendant today.

If the defendant doesn't show up to court do you think the judge will sentence her a bench warrant or they will make me reserve her again? I'm very worried about this, and I'd really appreciate if you can advise me on what to do.

Thank you,

Lando Barbagli
Thank you for using JA. In a situation like this, it is usually up to the defendant to object to the service as improper and a violation of the notice requirements in court. So if they appear and object, then the judge may agree and then reschedule the hearing since they have actual notice now.
But if they don't appear, then it is likely that a judge would issue a bench warrant, also called a "capias" warrant that directs local law enforcement to arrest the person and deliver them to the court. When someone doesn't appear, the judge typically will only look to see if they have been actually served with the notice to appear.






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