A debt collector sued the company that I was an officer for an Accounts payable Collections issue. The case was filed on the corporation name completely and then the collections attorney somehow added my name in as "Authorized Contact" for debtors examination in front of the judge and served me at my home address. The lawsuit / the collections is on the corporation and I have no ties with it anymore or even when the suit was filed. And since it was on the company name primarily I ignored it and did not appear in the court as summoned. few days back I received another letter from the collections attorney at my residential address saying that an arrest warrant has been issued on my name and I have to post a bail and contact their law firm.
I looked up the court records for that date and the judge ordered a bench warrant on the corporation name and my name.
I need help with dismissing the bench warrant on my name and getting my personal name off the collections as I have no liability for it personally and I was just an employee of the company / one of the officer at that time.
What they did, by adding your name to the judgment, is a proper means of discovering any assets of the corporation that may be available to seize for the purposes of satisfying the judgment. It sounds like the judge agreed that you would be the person (or a person) with knowledge of the corporation's assets so he approved the order for you to appear as a witness and answer questions about the corporation's assets, if any. A bench warrant is the typical means to compel the witness to appear when they fail to do so on the scheduled date. There is language warning of this on the face of the order to appear.
You should contact the opposing party and agree on a date for a new hearing so you can appear and answer their questions. You shouldn't have to post bail, you should only have to agree to appear at the next hearing. The Sheriff usually doesn't actively seek you out for arrest on a civil bench warrant, but you can be arrested if you are, for example, pulled over for a traffic infraction and they discover the warrant, which they will do.
You may wish to consult with a judgment recovery attorney for advice regarding your rights in a situation like this.
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As Mr. Johnston points out, ignoring the notice to appear was unwise. (And unlawful.) You need to do as he suggested, as the law is not on your side.
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You will need to appear in court and answer questions about the financial affairs of the company. If you do not know anything, just say what you know. If you appear in court, the bench warrant will go away and there will be no need to post bail for anything.
The creditor can ask what you know about the corporation's finances.
You must appear and answer questions. You may wish to contact opposing counsel to coordinate date and time of your appearance.
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