Civil Capais? | MassCops

Civil Capais?

Discussion in 'Civil Law' started by kathy, Apr 25, 2014.

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  1. kathy

    kathy New Member

    Sometime last year I was taken to court for an overdue childcare bill. I did not get the summons because I had moved. The lady at the daycare had called me and I met with her and made payment arraingements. She told me she had a Capias but it was not in effect and if I did not make my payments she would report to the court and have the capias enforced. I am doing my best to make payments as often as I can but I am behind. What happens when the capias goes into effect? I am a single parent with no finacial help from anyone and I know I owe this debt but am doing my best to pay it down. Any advice?
     
  2. kathy

    kathy New Member


    I am not quite sure how much. I was about 1,100.00 behind but have made some payments. She will not send me a bill until I make another payment. I have already paid about 200.00 of it.
     
  3. countymountie

    countymountie MassCops Member

    Did someone say sheriffs? A capias is essentially a summons like 263 said. I don't think constables get quite so involved, but if enforced a deputy may make a "civil arrest" (hey man you need to come with me in my car to the court). I don't think that ever happens. And it's all civil at thispoint, so you don't have to worry about it being a criminal matter unless you fail to appear or are ordered held in contempt and a real cop warrant is issued. Also, as the high priestess said, they are expensive to have served, a civil arrest even more so. Basically, in the civil enforcement side of things it's an order to appear in court. Just obey it, the judge will hear your side, and no further action will be taken. Capia, capias arrests, all that are for people who are seriously delinquent and need to be bound by law to come to court. If you're served, just go to court; it's civil, not criminal.
     
  4. niteowl1970

    niteowl1970 Moderator Staff Member

    The Humphries would of been all over this.
     
    mtc, Johnny Law, frank and 1 other person like this.
  5. countymountie

    countymountie MassCops Member

    The bottom line here, however, is comply with the courts and you don't have to worry about fancy ancient civil law terms
     
  6. kdk240

    kdk240 MassCops Member

    I've had the opportunity to in the past to go w. the sheriff's when they have served these things b/c they were going after a local shitb. And wanted a stby (of course).... anyway long story short. I took a look at one as my wtf.attitude getting the best of me. and they say something like capias- civil warrant of arrest .. court of issue ect. Authorizing the sheriff's to arrest the named person. And by God they locked him up. like any other warrant I've ever seen . Was told bc he defaulted . Think they do the same on child support too. Anyway just my exp w. It. For whatever it's worth.
     
    countymountie likes this.
  7. kdk240

    kdk240 MassCops Member

    Please forgive me sir. I will remember to gig myself on my last post considering it was done with little thought to the effect it would have on the other members on mass cops. For what it's worth it was done from my phone on about two hours of sleep. So perhaps it was exhaustion and not really giving a flying fuck as to the effort I would place in a post. At least today!
     
  8. countymountie

    countymountie MassCops Member

    I read it just fine. And you're completely right. The deputy will lock you up, civil matter or not if the court so orders. I'm not really following the "not in effect yet" part... but a valid capias is in effect a civil warrant. But one will not be issued on you if you don't ignore the courts. If they're talking capias and are telling the truth, well... then the judge wants you in court and in effect can have you "arrested" (seized or borrowed is more like it) and brought to the court to answer for whatever it may be.
     
  9. countymountie

    countymountie MassCops Member

    If the deputy doesn't have his hat on, though...
     
  10. kathy

    kathy New Member

    I a not sure she says she has the capias but has not sent it to the police department yet. I told her I would pay as long as I get a copy of the bill, she wont send me a copy.
     
  11. countymountie

    countymountie MassCops Member

    The police have nothing to do with it. She'll need to pay a deputy sheriff to do it
     
  12. countymountie

    countymountie MassCops Member

    Or maybe a constable. But no one really knows what they are
     
  13. kathy

    kathy New Member

    I have a civil capias out for a overdue daycare bill. I did not show up in court because the summons was sent to the wrong address. I have paid almost half the bill but have fallen on hard times, so the capias will be served. What happens to my child when I get arrested?
     
  14. kwflatbed

    kwflatbed MassCops Angel Staff Member

    How many times are you going to post the same question ????
     
  15. niteowl1970

    niteowl1970 Moderator Staff Member

    There are several state and non-profit agencies that offer free or heavily discounted legal assistance. If you were able to find this site you shouldn't have any trouble finding one of their sites.
     
    kwflatbed likes this.
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