Civil Warrant Notice

[kneadhelp]

Received a letter from the county sheriff that a NJ Superior Court judge has signed a civil warrant for your arrest. Says to call and schedule a time to come in and surrender yourself. Not sure what the docket number they are referring to is all about Can a lawyer help me with this? Want to follow the law but would like more information.

[Pandora]

did you get sued for something (judgement) and not show up to court?

[kneadhelp]

Not that I am aware of

I did receive something in the mail (not from the court house) and called the court house to ask about it (a motion hearing) I was told nothing was on the calendar.

[ryan]

I would definitely call the courthouse again (or go there) and get a clear, definitive answer.

Ask if there is a judgment recorded against you? ...Were there other motions filed in a hearing, like Motion To Show cause why should not be held in contempt?..were there any hearings you never appeared at? etc.
Hard to get that far along in the process (arrest warrant) without a number of court actions having already occurred.

[kneadhelp]

Thanks I will do that - in the meantime, should I hire a lawyer? Can they find out this information for me? If I "turn myself in", what happens when you're arrested? I'm a single mom.... one child is autistic

[treehugger1]

This is only a guess. You say there was a hearing and you obviously failed to show. This is generally contempt. A hearing is often a court order. Since you failed to show, as mentioned by Ryan, there may have been a hearing "for cause." In other words, why did you fail to show at the initial hearing?

Now, if this were me, I would contact the court clerks and ask what might be happening. Clerks cannot give you legal advice, but they can often inform you of process, your responsibilities, etc. Sometimes I think the clerks know more about what is going on then the judges. Rightly so as clerks can be great filters for the legal system.

JMHO, TH

[WhatMoney]

You could call the county courts office and ask a clerk to look up your docket # and try to get some information. Unless you have moved and left no forwarding address it's hard to see how you would not have some inkling about this. Do you have any unpaid debt? Is it a family court issue? I would not surrender yourself without having a clue what this is about. Of course you can hire and pay an attorney to do the same footwork you could. You may need an attorney for your appearance, and you may not - depends on what caused the court to issue you a warrant. In civil cases it is almost always a failure to appear at a required hearing after you have been sued and lost, resulting in a court judgment against you.

[daytona]

Something seems very strage here. To be in "contempt" you would have had to been ordered to appear, this would require a notice from the court. Typically a simple "civil summons" says that someone has sued you and you have X number of days to respond before a judgement would be rendered automatically. You probably don't need an attorney to find out why a bench warrent has been issued, the only way that a legitimate warrent would be issued for a civil case is if you violated a "court order" to which they should have "noticed" you on. If this is the case (you never received a notice) then they will likely just process you, and then release you on your own recognence (or small bond) and order you to appear.

[kneadhelp]

OK - so what do you mean by "process you". I want to act responsible but also am concerned what may happen especially regarding my kids. I don't want to be thrown in jail - that's why I thought a lawyer might be helpful.

[WhatMoney]

OK - so what do you mean by "process you". I want to act responsible but also am concerned what may happen especially regarding my kids. I don't want to be thrown in jail - that's why I thought a lawyer might be helpful.

Since you are not providing any information about what this warrant is about, I'd just hire an attorney and let him advise you. If you are arrested you will be processed and released after paying bail and given a court hearing date. It's possible but unlikely you could sit in jail until the judge can hear your case IF they set a bail amount you cannot afford. It entirely depends on the policies of the county you are in, and the seriousness of the bench warrant.

Here's what a NJ lawyers site says. Note they are making no distinction between a criminal and civil arrest warrant. Of course they suggest you hire them:

Bench and Arrest Warrants in New Jersey

An arrest warrant or bench warrant is a court order that allows a police officer to arrest you without notification of the warrant. If you believe that you are subject to a warrant or your loved one has recently been arrested under a warrant, it is important to consult with an attorney as soon as possible to protect your rights.

If you believe that there is a bench warrant with your name on it, you can take necessary action to avoid arrest. A bench warrant is usually issued after a failure to follow a preliminary court order. You may have failed to appear in court, failed to pay a fine, or failed to appear for a sentencing hearing. In any case, it is important to protect your rights if there is a bench warrant in your name. As your legal representatives, we will seek a voluntary arrangement for you to appear without being arrested. Making an appearance without an attorney could result in your arrest and the necessity to post bail money.
Why is there a bench warrant?

* You may have failed to make an appearance
* Failed to pay a fine according to a payment plan
* Your license may have been suspended after a court violation
* You may have violated another court order

Protect your rights- Do not make any statements without an attorney

Whether you are confiding with a friend or are facing questions by an officer, you should not make any statements without first consulting with an attorney. If you have been arrested, you are not obligated to make any statements about your case. Before consulting with an attorney, you should avoid making statements to officers, prosecutors, or the court to protect your rights and interests.
Experienced advocacy focused on strategic defense

Even if there is a bench warrant in your name or you have been arrested, you do have a defense. You may not have received notice. If there is an arrest warrant, you can still challenge the evidence presented against you. We will effectively navigate the system on your behalf to successfully defeat charges and minimize penalties in your case.

[daytona]

It cannot hurt you to at least call and find out what the warrant is for. After learning this, you can determine how to proceed with Attny or not. They are not going to come "pick you up" for a civil suit.

[ryan]

It cannot hurt you to at least call and find out what the warrant is for. After learning this, you can determine how to proceed with Attny or not. They are not going to come "pick you up" for a civil suit.

Thats probably true, to a point, BUT if you should be unexpectedly stopped for a traffic violation and they run your name and the warrant comes up, you now have problem. IF, the officer were then to arrest you, bail could even be set at the amount of the judgment, which would create a whole other set of problems...but as I go back and read your posts you don;t say you even have a judgment???....not enough info to help you, I'm afraid.

[kneadhelp]

Yes there is

an old judgment. Was told by a prior attorney to just let it ride... Received notice in the mail via certified mail of civil warrant the other day. Just to clarify, I received a notice in August and 0 I called the court house. They told me nothing was on the calendar and there was no sense in me going to the court house (I was told that on two separate phone calls - nothing was scheduled.

[WhatMoney]

Just to clarify, I received a notice in August and I called the court house

OK, and what did that notice say? Do you have the exact text of the notice? My guess, just a guess, is that the judgment holder's attorney requested you appear for a debtor's asset exam at the courthouse. These exams are not scheduled such that the clerk would necessarily know about them, since there is no judge or hearing involved. It's usually just a meeting in a conference room between you and the attorney who has the judgment against you. But if you don't attend, the next step would be to ask the judge for a bench warrant to force you to come in.

[kneadhelp]

The Notice

which didn't appear very official, said it was for a Notice of Sale- they wanted a sherrif's sale of my house ordered. As I said, I called the courthouse twice and both times I was told there was no motion hearing scheduled ( I called the day before the motion was scheduled) and that nothing was on the calendar. The "notice" from the lawyers asked for no oral argument. I asked the people I spoke at the courthouse if this would mean there would be nothing on the calendar - they told me no - it would still be on the calendar even if no oral argument was requested
You mention a bench warrant to force me to go in - can you explain what you mean by that?