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Q1: Do I need to do anything about the following Capias

(such as - deliver to...
Q1: Do I need to do anything about the following Capias (such as - deliver to police or carry the capias with me and request police to arrest the debtor)?
-----------------
To Any Officer Authorized To Serve Civil Process: The Court considers the above named judgment debtor for failure to appear in court as ordered.
WE COMMAND You, therefore to arrest the above named judgment debtor and forthwith to bring him or her before this Court to answer for his (or) her alleged contempt.
This capias expires on 2/9/19.
The Court HAS NOT authorized an arrest under this capias to be made after sunset.Q2: The debtor sold his property, and I have no idea where the debtor is. Is there anything I can do about this?
Q3: I filed the “Proof of Claim” as the creditor to the bankruptcy court. The bankruptcy court clerk told me that the 341 meeting was automatic scheduled by the computer. The 341 meeting date could be changed if the trustee attorney agrees. I then called the trustee atty, but he disagreed because there are 3 to 4 creditors. (To the best of my knowledge, there is no other creditor for this bankruptcy at this moment). Is there any need for me to further push for the change of 341 meeting (because I will be out of the country)?
Q4: Or should I just let the trustee atty to handle the 341 meeting? At the same time, I just email the trustee atty about the background as well as my concern/questions (which trustee atty asked me to do so).
Q5: I found more information (possibly fraud in transferring assets) after receiving some financial documents form the debtor. Should I supplement this new information to the IRS (which I filed previously) or wait until more information comes out from this bankruptcy investigation?
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Answered in 1 minute by:
2/19/2018
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 47,748
Experience: 30 years in civil, probate, real estate, elder law
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Q1: Do I need to do anything about the following Capias (such as - deliver to police or carry the capias with me and request police to arrest the debtor)?

Both carry it with you and ask the police to put it into their computers if they can find him and pick him up here.

Q2: The debtor sold his property, and I have no idea where the debtor is. Is there anything I can do about this?

You can try skip tracing here to try and locate or private eye.

Q3: I filed the “Proof of Claim” as the creditor to the bankruptcy court. The bankruptcy court clerk told me that the 341 meeting was automatic scheduled by the computer. The 341 meeting date could be changed if the trustee attorney agrees. I then called the trustee atty, but he disagreed because there are 3 to 4 creditors. (To the best of my knowledge, there is no other creditor for this bankruptcy at this moment). Is there any need for me to further push for the change of 341 meeting (because I will be out of the country)?

You can try to get the judge here to reschedule it.Copy the trustee.Best you can do here.They are likely to dismiss bankruptcy if he fails to appear or his lawyer at meeting.

Q4: Or should I just let the trustee atty to handle the 341 meeting? At the same time, I just email the trustee atty about the background as well as my concern/questions (which trustee atty asked me to do so).

Thats a good idea if you cannot make the meeting.

Q5: I found more information (possibly fraud in transferring assets) after receiving some financial documents form the debtor. Should I supplement this new information to the IRS (which I filed previously) or wait until more information comes out from this bankruptcy investigation?

I would send it to IRS, they pay rewards here if they get him for fraud.

Thanks and thanks for rating 5 stars.

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Customer reply replied 4 months ago
Follow up questions, please.
FQ1: So for the Capias, nothing will be done if I do nothing. Am I right?
FQ2: How to get more official Capias?
FQ3: The Capias is against the Brown Construction, Inc. Whom the police should arrest?
FQ4: Should I provide the only person’s name (***** *****) listed in the Brown Construction, Inc. to the police?
FQ5: Also, the Brown Construction, Inc moved to an unknown location (because the house was sold). How do tell the police?

Follow up questions, please.
FQ1: So for the Capias, nothing will be done if I do nothing. Am I right?
FQ2: How to get more official Capias?

It should have been entered into warrants pc that sheriff has but you should verify that.They might pull him over or he might get in trouble and then they would hold him for court.

FQ3: The Capias is against the Brown Construction, Inc. Whom the police should arrest?

The owner or president hopefully.

FQ4: Should I provide the only person’s name (***** *****) listed in the Brown Construction, Inc. to the police?

Yes absolutely.
FQ5: Also, the Brown Construction, Inc moved to an unknown location (because the house was sold). How do tell the police

Give them all the information you have here, they can locate he may in their computer if he has a record.

Thanks again and thanks for rating.

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Customer reply replied 4 months ago
1 final follow up --- can I verify if the capias has been entered into warrant pc in any sheriff or police office? Thanks and good night.

Yes they will tell you and provide them one if it is not.

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I am so sorry you gave me a negative rating , let me know if you have more, can you rerate here.

Five stars at top of page.

Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 47,748
Experience: 30 years in civil, probate, real estate, elder law
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