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Count_Vlad · Jan 11, 2010, 01:14 PM

Here is my problem, on Dec. 1, 2009 I was servered with a summons to appear to show cause for a debt. The court date was set for Jan. 8, 2009 (not 2010) at 11:00 am. When I first got the summons I looked at it real fast to find the date and I thought I had to be there at 1:00pm on the 8th. Well I showed up and not there will be a warrant for failure to appear. I am going down to the police department this evening and paying the bond so I don't get arrested. Is there any way I can get this removed from my record due to the date to appear was listed incorrect?

AK lawyer · Jan 11, 2010, 01:31 PM

You were to "show cause for a debt"? Are you being sued for the debt or is this a criminal case?

You are being sort of confusing. Normally a debt is a civil matter and the worst that can happen to you if you don't appear is that you can be defaulted and a civil judgment entered against you.

On the other hand, the phrase "show cause" is normally used in connection with contempt of court. Did the court order you to do something which you refused or neglected to do (Again, not answering a civil summons doesn't count.)?

Fr_Chuck · Jan 11, 2010, 01:56 PM

Never heard of a warrant for failure to appear on any debt case, the worst is they find for the other person and you lose the case.

I have never in 20 plus states ever heard of this.

Next you don' pay a bond for an appearance warant at a police station if there is one, it is done at the court office that issued the warrant.

Are you sure there is not come criminal charge that is involved here, that is the only time I have seen a failure to apperar warrant really used.

There just has to be a lot, and I mean a lot more to this story

Count_Vlad · Jan 11, 2010, 01:59 PM

Originally Posted by AK lawyer

You were to "show cause for a debt"? Are you being sued for the debt or is this a criminal case?

You are being sort of confusing. Normally a debt is a civil matter and the worst that can happen to you if you don't appear is that you can be defaulted and a civil judgment entered against you.

On the other hand, the phrase "show cause" is normally used in connection with contempt of court. Did the court order you to do something which you refused or neglected to do (Again, not answering a civil summons doesn't count.)?

Sorry, I was served the summons because I was not able to make the payments as agreed upon with a collector for a medical bill.

Count_Vlad · Jan 11, 2010, 02:02 PM

Originally Posted by Fr_Chuck

never heard of a warrant for failure to appear on any debt case, the worst is they find for the other person and you lose the case.

I have never in 20 plus states ever heard of this.

next you don' pay a bond for an appearance warant at a police station if there is one, it is done at the court office that issued the warrant.

are you sure there is not come criminal charge that is involved here, that is the only time I have seen a failure to apperar warrant really used.

There just has to be alot, and I mean alot more to this story

Yes this will be done at the county sheriff's office. And no there is not more to the story.

The full history. I had a medical bill, it didn't get paid, was turned over to collections, they got a judgement, then mhad me enter into an agreement to pay a certain amount. When I wasn't able to pay that amount they took me to court to show cause.

ScottGem · Jan 11, 2010, 02:09 PM

To show cause for what? Again your story makes little sense. And no, you have no cause of action because of the date issue. It should have been obvious what the date was.

What it sounds like, is the court brokered a payment arrangement and you failed to comply, so the court may have cited you for contempt and the summons was to show cause why you shouldn't be fined for contempt.

Fr_Chuck · Jan 11, 2010, 02:25 PM

Well at the end of the day, you ended up with a warrant, no the date has no diference, the year mistake is common on the last month of a year, and is not a reason to make the summons invalid

ScottGem · Jan 11, 2010, 02:27 PM

No, that is NOT what you posted. You stated "they" made you enter an agreement and "they" took you to court to show cause.

You did not define who "they" is, nor did you define what you are required to show cause about.

this8384 · Jan 12, 2010, 09:49 AM

Originally Posted by Count_Vlad

Here is my problem, on Dec. 1, 2009 I was servered with a summons to appear to show cause for a debt. The court date was set for Jan. 8, 2009 (not 2010) at 11:00 am. When I first got the summons I looked at it real fast to find the date and I thought I had to be there at 1:00pm on the 8th. Well I showed up and not there will be a warrant for failure to appear. I am going down to the police department this evening and paying the bond so I don't get arrested. Is there any way I can get this removed from my record due to the date to appear was listed incorrect?

I'm in a mood today so I'm going to cut through the crap.

No, you cannot get this removed from your record just because someone fudged the year, as I'm quite positive you've done the same thing more than once when writing out a check, letter, etc. You were there on the correct date, but you read the time wrong. Your mistake is not their problem.

Count_Vlad · Jan 13, 2010, 08:32 AM

Originally Posted by this8384

I'm in a mood today so I'm going to cut through the crap.

No, you cannot get this removed from your record just because someone fudged the year, as I'm quite positive you've done the same thing more than once when writing out a check, letter, etc. You were there on the correct date, but you read the time wrong. Your mistake is not their problem.

About time somebody gave a straight answer. Thank you.

ScottGem · Jan 13, 2010, 12:30 PM

Originally Posted by Count_Vlad

About time somebody gave a straight answer. Thank you.

You got straight answers before. Might have helped if you asked a straight question

this8384 · Jan 13, 2010, 12:34 PM

Originally Posted by ScottGem

You got straight answers before. Might have helped if you asked a straight question

I think the whole problem resulted from the question being worded improperly. I had to read it a few times before I figured out what he was asking. Everyone else was focusing on the reason he got the summons; he just wanted to know if he could get out from under it because it was dated '09 instead of '10.

AK lawyer · Jan 13, 2010, 12:48 PM

Originally Posted by this8384

I think the whole problem resulted from the question being worded improperly. I had to read it a few times before I figured out what he was asking. Everyone else was focusing on the reason he got the summons; he just wanted to know if he could get out from under it because it was dated '09 instead of '10.

Actually, I for one was focusing on accurately identifying the nature of the so-called "summons" and of the resulting punishment he might face for his failure to appear.

In my experience, an order to show cause is not accompanied by another summons, one which carries quasi-criminal sanctions for non-compliance. So it appears that what actually happened was a potential bench warrant for failure to attend the show-cause hearing. The thing to do in that case would be to notify the court that he was in fact confused about the time of the hearing (and pointing out the mistaken date wouldn't be a bad idea), ask the court to quash the warrant and to re-schedule the hearing.