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Uber Member
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Jul 25, 2009, 07:31 AM
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I don't know if they can but apparently they have.
Take your written notification of the date to the Court - that's your defense.
If it's your word against the Clerk's word you are going to lose.
EDIT: OP is not hearing the advice given on this same problem on his/her other threads. Should be combined.
Asked and answered.
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Uber Member
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Jul 26, 2009, 06:44 AM
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Hello s:
You can't be arrested in a civil case. If they DO arrest you, then YOU'RE going to have a case against them.
excon
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Uber Member
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Jul 26, 2009, 07:10 AM
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Sorry, Excon - I should have posted this earlier. OP has told this story over a number of posts. He/she has already been warned that if he/she does NOT appear there will a warrant issued. It involves a Judgment and failure to produce financial info. This is an exception, same as if you don't appear to testify.
https://www.askmehelpdesk.com/small-...on-375366.html
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Computer Expert and Renaissance Man
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Jul 26, 2009, 07:16 AM
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First, I have merged all your threads since they seem to deal with the same issue. Please do not start a new thread with a follow-up question.
Second, I have NEVER heard of an arrest warrant issued for small claims court. Nor for any civil action about a debt. If you fail to appear for a hearing, then a default judgement is entered against you, end of story.
If you file a motion to vacate on the grounds of improper service, you will have to prove you were not served as the process server claimed.
But the idea of a bench warrant issued for someone's arrest because they didn't show up for a hearing on a civil suit is ludicrous.
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Ultra Member
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Jul 26, 2009, 11:39 AM
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Originally Posted by ScottGem
... I have NEVER heard of an arrest warrant issued for small claims court. Nor for any civil action about a debt. If you fail to appear for a hearing, then a default judgement is entered against you, end of story.
In Wisconsin, the debtor has to complete and return a financial disclosure statement within 21 days after the judgment is entered. If they fail to do so, the creditor can file for a contempt hearing.
I have to assume that's what the OP is dealing with; a hearing was scheduled for contempt of court, they never showed up for it, now there's a warrant.. Just a thought.
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Computer Expert and Renaissance Man
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Jul 26, 2009, 02:30 PM
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Originally Posted by this8384
In Wisconsin, the debtor has to complete and return a financial disclosure statement within 21 days after the judgment is entered. If they fail to do so, the creditor can file for a contempt hearing.
I have to assume that's what the OP is dealing with; a hearing was scheduled for contempt of court, they never showed up for it, now there's a warrant....? Just a thought.
That's a possibility. Especially if you read the whole thread. But the contempt citation is apart from the initial case.
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Uber Member
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Jul 26, 2009, 03:33 PM
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Sounds to me like the Judgment has been granted, creditor is unable to collect, creditor wants financial info, OP refuses to provide it and was advised some time ago that failure to comply is contempt.
This is somewhat similar to being subpoenaed to Court and refusing to go - you CAN be arrested.
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