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I understand there is current civil capias issued for me because

I didn't show up in...
I understand there is current civil capias issued for me because I didn't show up in small claims court. I no longer live at the address the sheriff is serving the capias to. He has in fact walked into my friends resident because he thought she was lying to him when he asked if i was there. She had ask him to wait there outside and turned to go back into the house to get her cell phone to call me, He followed her into her home uninvited.

The next instance was about 3 weeks later when a so-called delivery person showed up at her door at 745AM saying he had a package for me and only me from the IRS. She told him that i do not live there and she would accept the package for me. He stated he could only give it to me and no one else. She then asked him to wait while she went in the house to call me. He followed her into the house and scared her when doing so. She called me on the phone and I spoke with him. He asked if there was a place he could meet me to give me the package. That was not possible because I was 250 miles away in another state. He then left. It was later i found out from her landlord that there was another car downstairs and a man with a uniform waiting for the so-called delivery person.

This woman is 75 years old and not in good health at all. She has nothing to do with me and my bills. I have two questions.
1) What can be done to stop her from being harassed by the sheriff dept? I truthfully no longer live there.
2) Can the sheriff's department actually put me in handcuffs and arrest me? My health is not very good either and this is veey upsetting to me and to my friend.

Thank you
John
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Answered in 29 minutes by:
11/19/2013
CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10,244
Experience: Civil litigation attorney for individuals and businesses.
Verified

William B. Esq. :

Dear Customer, thank you for using our service. My name is XXXXX XXXXX I would like to assist you today.

William B. Esq. :

1) What can be done to stop her from being harassed by the sheriff dept? (I truthfully no longer live there). You need to contact your creditor's attorney and try to make arrangements to pay the debt and see if they will remove the warrant. Usually this means setting a new Court date.



2) Can the sheriff's department actually put me in handcuffs and arrest me? Yes they can.

Customer:

If I understanding you correctly? The sheriff can keep harassing her until I straighten this out? How is that fair to her? I don't know who the creditors attorney is. Can I turn myself into the court?

William B. Esq. :

Contact the Court Clerk's office - they will have the docket and register of actions, this will give you the name of their attorney.

Customer:

So if they arrest me on a friday evening? I sit in jaiul until the next time the court is open

William B. Esq. :

Yes - you will be in jail until Court is back in session.

Customer:

It seems like they are wanting to do that. By showing up at her home on a Friday

William B. Esq. :

The best way to deal with this type of situation is to be proactive and locate the other side, make an offer to resolve the matter, or make a motion to the Court asking for the warrant to be dropped and a new appearance to be entered.

Customer:

How do i file such a motion?

William B. Esq. :

You might want to consider paying an attorney for a really limited scope representation to help level the playing field for you and deal with this - it is unlikely it will go away.

William B. Esq. :

You need to get the information on your creditor and their attorney. Then you can file a motion with the trial court in which you explain why you missed your court appearance, and get a new court date to move forward.

Customer:

I was never served. They left all paper work at here house for her to give it to me

William B. Esq. :

Again, an attorney is probably your best bet as you have a lot to do in a very short amount of time.

Customer:

Never was I ever served in person. They left all paperwork at her house and I do not live there

William B. Esq. :

Substitute service is a legitimate form of service.

William B. Esq. :

Are you talking about where you lived at the time of the service of the summons and complaint for the lawsuit or service of the warrant?

Customer:

Wow this system is strange. I can serve my neighbor at his friends house

Customer:

i was not living there at the time of service. I been out of there for over a year

Customer:

service of the paper to appear and warrant. i wasn't living there at the time of either

Customer:

i haven;t been there in over 5 years

William B. Esq. :

Okay, you may be able to set aside the judgment - but this takes legal work as well and you may have missed the statute to do so. But in the meantime you have an arrest warrant out for you and it is probably in your best interest to focus on that if you want to stay out of jail for this matter. I really would recommend you retain an attorney to help you.

Customer:

so me calling the court and trying to straighten this out is not a good thing?

William B. Esq. :

No, calling the court is fine, the clerk's office can give you very valuable information about your case, such as the parties and their attorneys (which you do not have right now), but they are not going to "straighten anything out" for you. Unfortunately, the only way you are going to get your matter resolved is through motion work before the Judge.

Customer:

Thank you so much I'll start on that tomorrow

William B. Esq. :

You are welcome. I do wish you the best in this matter.

William B. Esq. :

I hope the above is helpful, if you have any questions please do not hesitate to let me know and I will follow up quickly.


Thank you for using our service, please do not forget to rate my answer when you are satisfied.

Customer:

Thank you

CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10,244
Experience: Civil litigation attorney for individuals and businesses.
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CalAttorney2
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Category: Legal
Satisfied Customers: 10,244
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Experience: Civil litigation attorney for individuals and businesses.

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