How to get rid of a "bench warrant" issued just for 'show cause' on court, before I voluntarily go to court?

Asked about 1 year ago - Vancouver, WA

My address was not available because I was forced out my family home by domestic violence and later default judgment. (without being served paper and showed on court, I lost all my belongings in the house, family cars, and the common property I personally bought before marriage. I was also ordered to pay the full attorney fee and my relative's rental income)
When I finally am able to give my contact info., I was rejected by the opposing attorney to provide/serve me any legal paper including the "bench warrant" that I did not know about.

Attorney answers (3)

  1. Larry Jerome Couture

    Contributor Level 12
    Best Answer
    chosen by asker

    Answered . You are clearly in over your head and need to hire a lawyer for yourself. There are several good ones in Vancouver. From what I can gleen there was some sort of hearing that you knew nothing about, a judgment was entered and when you failed to comply with an order you were supposed to appear in court. Failing to appear resulted in a warrant. If that is true you need to quash the warrant and make a motion to set aside any defaults or other orders for lack of proper service of process and proceed from there.
    I would be very surprised if a court ordered the things you say unless there were false documents filed in your case that lied and sai you had indeed been served.

  2. Mark R Stephens

    Contributor Level 11

    Answered . Sound advice from my colleague from my colleague in Vancouver, WA. Please understand the answer from California demonstrates why states require lawyers to be licensed. His response is misleading at best. Different warrants from different courts require experienced counsel familiar with the court issuing the warrant.

    I am licensed in Washington. I only practice law in this state. I limit my practice, and my answers on this site,... more
  3. Stephen Ross Cohen

    Contributor Level 20


    Lawyer agrees

    Answered . Go to the court preferably with an Attorney and answer the warrant and ask to be released O.R.

    I do limited scope agreements, where I only prepare the papers for court and try to prepare you for testify; I always recommend consulting and using an attorney when you can afford one as that usually increases your chances of winning. But if you can not afford one, consult with one. It is often worth the 2 or 3 hours to know what to say and how to say it.

    Do you want your current or ex-spouse to know or hire me first?

    I handle family law matters: child custody, property dispute in Los Angeles or Orange County, California. Always consult attorneys in your state!! Use Avvo’s tab “find a Lawyer” above.

    In all legal matters, the court generally uses the reasoning of IRAC. I for issues, what are the facts and what remedies do you seek. R stands for rules and reasoning, what are the laws and what makes common sense. A is analysis how do the laws and common sense apply, C is conclusion, what are the arguments pro and con..

    In child custody, the simplest explanation is “what is in the best interests of the child (ren). In support: proof of earnings, needs of the children and percentage of time spent with the child(ren).

    In Community versus Separate Property, considerations include tracing the funds, and how profits are made.

    If you like my post, please mark it as “best” or “helpful”

    My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA.... more

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