What is a motion for a lost capias? i just got a letter in the mail from the court

Asked over 2 years ago - Boston, MA

Does that mean i have a chance to get the case dismissed?

Attorney answers (2)

  1. Thomas J Callahan

    Contributor Level 18

    2

    Lawyers agree

    Answered . What side of the case are you on? If you are the creditor, this motion is to replace the civil arrest warrant you already obtained but have lost. If you are the debtor, which I suspect since you are interested in dismissal, this motion means your creditor has to go thru another hoop, but likely will prevail, a new capias will be obtained and a constable will eventually be looking for you. The capias means this case has already gone to judgment. If by trial and there was no appeal, no you as debtor won't be getting this dismissed. If the judgment was by default, you as debtor have to file a motion to vacate the default, which has certain criteria, and if successful then you have to defend against your creditor's claims.

  2. Keith G Langer

    Pro

    Contributor Level 19

    Answered . Have you moved since the case was heard? The capias may have been returned for an invalid address and lost, requiring the judgment creditor to obtain a new one.

    No, a lost capias alone is not grounds for dismissal.

    The foregoing is for general information purposes and does not establish an attorney-client relationship.

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