Can I Be Arrested if I Don't Appear at a Civil Court Date?
Full Question:
Answer:
If you are referring to a civil lawsuit to collect a debt and you fail to appear to a court date, you may risk a default (automatic) judgment in the other party's favor, but typically a warrant is issued in a criminal case or in the post-judgment phase of a civil case involving debt collection.
A bench warrant is a formal order of the court to law enforcement officers to arrest and bring to jail a person who has failed to appear in court at a determined time and place. A bench warrant recall is a reversal of authorization to make an arrest. Usually, once the warrant is paid or a court appointment is reserved, the court will recall the warrant to avoid an arrest. In the case of many bench warrants, if a person retains an attorney before he or she is picked up or arrested, the defense attorney can usually convince the court to recall the bench warrant and permit the attorney to make an appearance for the defendant.
A motion for continuance may be used to request an extension of time from the court, such as to file a responsive pleading. In the body of the motion, the facts are succinctly stated, such as the date the action was filed, the currently scheduled date of the hearing, and the reason for requesting additional time, such as the need to obtain legal representation. The motion may state the reason for the inability to obtain counsel, such as absence from the jurisdiction, and that the motion is not being made for purposes of delay, but to prevent injustice. The court may deny the motion, for example, if it finds the failure to obtain counsel is due to unreasonable delay, lack of diligence, or neglect on behalf of the moving party. Please see the links to the forms below.
