Ask a Lawyer and Get Answers to Your Legal Questions
Dear Customer, thank you for using our service. My name is XXXXX XXXXX I would like to assist you today.
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.
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?
Contact the Court Clerk's office - they will have the docket and register of actions, this will give you the name of their attorney.
So if they arrest me on a friday evening? I sit in jaiul until the next time the court is open
Yes - you will be in jail until Court is back in session.
It seems like they are wanting to do that. By showing up at her home on a Friday
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.
How do i file such a motion?
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.
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.
I was never served. They left all paper work at here house for her to give it to me
Again, an attorney is probably your best bet as you have a lot to do in a very short amount of time.
Never was I ever served in person. They left all paperwork at her house and I do not live there
Substitute service is a legitimate form of service.
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?
Wow this system is strange. I can serve my neighbor at his friends house
i was not living there at the time of service. I been out of there for over a year
service of the paper to appear and warrant. i wasn't living there at the time of either
i haven;t been there in over 5 years
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.
so me calling the court and trying to straighten this out is not a good thing?
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.
Thank you so much I'll start on that tomorrow
You are welcome. I do wish you the best in this matter.
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.