Skip to main content

Penalties for failure to appear

Hartwell, GA |

Was issued a child support summons on April 4. On page 3 was the words, Settlement may be possible before court by calling DCSS. I called and paid the arrears in full. On April 24, I received a letter from DCSS stating: The DCSS has notified the GaDept of Driver Services that you have settled with our office or are now in compliance with the terms of your child support order. (ga suspends your licence for non payment). I was notified today that they are issuing a bench warrant for failure to appear, even tho it was settled a month ago.

What would the penalties likely be in this situation and is there a way to nip this in the bud as I met the reasons the court was issued to begin with. I followed the procedure listed and was given documentation it was taken care of.
Please advise

This is for WALTON COUNTY Georgia

+ Read More

Attorney answers 3

Best Answer

According to your query you did not fail to appear. Further, you state that you have documents that show you resolved the matter before the bench warrant was issued. That being the case there shouldn't be any penalty however people spend time in jail when they get arrested on an outstanding warrant and have to wait to get the matter set down before a judge. It would be appropriate to file a motion to set aside the bench warrant and get the case before a judge as soon as possible. Otherwise you may get a traffic ticket, the cop runs your name on the mobile computer terminal in the patrol vehicle and the warrant pops up, in which case you get arrested.


You may want to call the Judge's office and ask to speak with the Judge's clerk to explain what happened. It is possible that the clerk can fix things for you. If not, you need to speak with an attorney asap.


Which judge where you supposed to appear before. All of the judges in the the circuit for Hart County (Hodges, Bailey, Malcolm) are reasonable people in my experience. Call the correct judges office and offer to fax the info to them and see where that gets you.



The court was to be held in Walton County. I am not sure who the judge was assigned the child support docket