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    tennis99's Avatar
    tennis99 Posts: 1, Reputation: 1
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    #1

    Oct 3, 2007, 11:52 AM
    civil law
    back in the late 90's, I had a civil lawsuitthat was won by the person taking a civil lawsuit against me. I was paying a certain amount to them monthly but then I had a stroke. As of recently, the lawyers that represented the other person, have been calling and asking for the lump sum(which is a good chunk) and I have told them I can't do the lump sum but am willing to send monthly increments. They want the lump sum by Friday or they say they will have me arrested by by putting a capias out on me. Can they have me arrested?
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
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    #2

    Oct 3, 2007, 11:55 AM
    Tell the attoney to issued it, than you can sue them for false arrest. Civil matter are always handle by a summons, on criminal matter call for arrest.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Oct 3, 2007, 12:04 PM
    Well you have two choices, call the attorney's bluff or tell him you will report him to the bar association.

    There is no such thing as debtor's prison. They cannot arrest you for non payment of a debt. No way, No how. The only way they MIGHT be able to arrest you is if you failed to appear at a hearing and then only to make sure you show up for a subsequent hearing. But since they already have a judgement against you there is nothing more they can do. And making threats like that is a violation of professional ethics.

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