Me and my girlfriend have a capias issued and are scared, we have a newborn, what do we do?

Asked over 3 years ago - Pepperell, MA

it is our old landlord she is a horrible woman, she was trying to get us to pay her electric bill, now we have capias

Attorney answers (2)

  1. Philip W. Mason

    Pro

    Contributor Level 18

    Answered . You haven’t given us much to go on, so I’ll base my answer on few assumptions. Since a capias has been issued there must be some sort of judgment against you — either a default, stipulated or adjudicated. If it is a default judgment you may be able to file a motion to vacate the judgment and assert defenses (such as it is not your electric bill) when the landlord re-files her suit (if she re-files).

    If it is a stipulated or adjudicated judgment you will have to make an appearance at the show-cause hearing and explain why you haven’t paid the judgment. If you haven’t paid because of an inability to pay then the court will examine your income and expenses and determine an appropriate payment schedule.

    If the hearing is held in the housing court then there will be volunteer attorneys available in the lobby (Lawyer for a day program) — speak with them to determine your best approach to the hearing.

    Whatever you, do not avoid the courts mandate to appear - it will only make matters worse.

    This is not legal advice and is not intended to create an attorney-client relationship. You should speak to an attorney for further information.

  2. Theodore John Koban

    Contributor Level 13

    Answered . Call the sheriiff and ask him when to go to court on this. You cannot ignore the legal proceeding. There haven't been debtors' prisons in the US since 1830. You will walk into court and walk out again. Explain to tthe judge why you cannot pay. Do not just ignore this matter.

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