Motion to Set Hearing Instanter to Quash Bench Warrant

Asked about 1 year ago - Tampa, FL

I currently have a bench warrant for failure to pay child support purge. The purge stems from Magistrate granting Contempt of Court. Magistrate deemed me in indirect contempt and found ability to pay. Unemployed. I was not represented by an attorney and had no idea that I could of brought proof of my inability to pay with me to these hearings.
I would like to file this Motion to Set a Hearing Instanter to Quash Bench Warrant. Does the title of this motion make sense? The motion will state that I believe the decision to find me with ability to pay was made in error resulting in the writ being issued and also that the court reconsider my ability to pay - I will include Financial Affidavit (Short Form 12.902). Would like court date asap to avoid being arrested at upcoming traffic court date

Attorney answers (4)

  1. Christopher Robert Dillingham II

    Contributor Level 19


    Lawyer agrees

    Answered . I advise you to not try handling this matter on your own. You should hire a Family Law attorney to address the issue. You've caused yourself significant issues by handling this issue pro se, and indirect criminal contempt is a very serious matter. You can be arrested as soon as you step foot in court, and if you've aggravated the judge by failing to follow his order to pay, this could be a very likely outcome.

  2. Joseph Julius Registrato

    Contributor Level 15

    Answered . Sounds like you're in way over your head, sir. Asking lawyers on this site whether the title of your motion makes sense makes no sense to me because the title of your motion has nothing whatever to do with what remedies you actually do have. Retain lawyer or pay consequences, which is very frequent refrain to questions like this one.

  3. Michael Charles McGinn


    Contributor Level 15

    Answered . I would suggest you consult with an retain an attorney. It would also be wise if you would pay the purge amount immediately. However if you go to the courthouse to make a payment you risk being taken into custody. If there is any further assistance I can offer please contact me. I wish you the best of luck.

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  4. John Arthur Smitten

    Contributor Level 18

    Answered . You are better off paying the purge and satisfying the warrant with the sheriff. If you file a motion it will be weeks before you get any type of hearing. Filing a motion does NOT call off the warrant.

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