Can I be arrested for failing to appear in court for a civil suit? 19 Answers as of October 15, 2012I am being sued by a credit union for not paying on a loan. I'm scheduled to appear at 9am which means I will have to miss a whole day of work and lose a point at work. I've already been told they will garnish my wages I just don't want to be arrested for failing to appear in court and I already know the outcome.
Timothy J. Thill P.C. | Timothy J. Thill
You cannot be arrested for failure to appear in a civil lawsuit. However, a judgment can be levied against you, and the opposing attorney can file a motion to have you held in contempt of court, and if you blow off those court dates, a bench warrant could be issued against you.
Answer Applies to: Illinois
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
It depends on the type of proceeding. If you were subpoenaed, then yes, you could be arrested for failing to appear. It's contempt of court if you fail to appear for a court-event after being subpoenaed to appear. This is frequently an issue if a person fails to appear for a creditor's examination or trial. Of course, failing to appear for a civil court-appearance could also result in a potential default judgment too, which is another serious risk. In terms of being arrested, though, the inquiry is whether there was a subpoena involved.
Answer Applies to: Michigan
Langford Law Firm | Theresa Langford
This is tagged under criminal defense; but it is merely a civil suit on a credit account and you do not show up, they will take a default judgment against you. You won't go to jail or be held in contempt. They will be able to reach your assets/bank account etc when they execute on the judgment. It may be worth your while to try to negotiate this with them on a payment plan.
Answer Applies to: Texas
Attorney at Law | Michael P. Vollandt
Yes you can. The Court can issue a body attachment if you were properly served a ORAP by the Plaintiff. Usually the bail is low so most police will not arrest you but cite you again with a new court date. You will be sanctioned for you not showing up and have to pay for the attorney's time.
Answer Applies to: California
Andersen Law PLLC | Craig Andersen
It depends on the reason for the hearing. If it is for a debtor examination, you can be arrested. If it is for a default hearing, you don't have to show up. However, you may want to talk to the attorneys about doing a confession of judgement to cut down on the attorneys fees. You should also consult a bankruptcy attorney. That may be a viable option for you.
Answer Applies to: Washington
Lawrence Lewis | Lawrence Lewis, PC
You don't have to appear in court. A judgement will be entered against you, and garnishment should begin shortly. When they claim it is more than you think it is, please do not write back complaining that they have somehow cheated you, because you elected not to go to court and be bothered by the details.
Answer Applies to: Georgia