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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33759
Experience:  Began practicing law in 1992
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I just received a letter that states "Enclosed please find

Customer Question

I just received a letter that states "Enclosed please find the motion for Alias Capias. Would you kindly place the enclosed motion on your motion list for hearing on Tuesday June 2nd at 1:30pm." What does this mean and how do I fix it??!
Submitted: 2 years ago.
Category: Legal
Expert:  Dwayne B. replied 2 years ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.Are you involved in any kind of lawsuit INCLUDING a criminal charge at this time?
Customer: replied 2 years ago.
I missed a court date for a debt back in December. If I contact the debtor will they settle with me and notify the courts?
Expert:  Dwayne B. replied 2 years ago.
They may. An Alias Capias is a request for a warrant although you usually don't file those in a civil case just for missing a hearing unless it is a hearing for contempt.If you do settle be sure you get it in writing that they agree to dismiss everything including this request.
Customer: replied 2 years ago.
Why is there a court hearing date listed on the letter?
Expert:  Dwayne B. replied 2 years ago.
Because it is not automatic. They have to ask for the court to issue a warrant and then prove that the warrant should be issued. The standards are a little higher since it is a civil case. They have to notify you of the hearing date so you can defend yourself or else it is a violation of your right to due process.