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Should I act on the Capias that the district court has sent to me?

Salem, NH |

I have been awarded an amount in the thousands in the small claims court in a case against my general contractor. In addition to the initial trial and subsequent appeal, I have gone to the district court over 8 times to try to coerce the defendant to pay the amount (it has been determined that he is more than capable of making the monthly payments). I paid for the issuance of a Writ of Execution, but did not benefit from doing so. Since the defendant missed the most recent court date, I have been issued a Capias from the district court.
At this point, should I pay the sheriff to have him physically detained to ensure that I receive my amount; can the amount paid for his arrest be recouped in court? (I am also concerned about retaliation on his part; how should I handle this?)

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Attorney answers 3

Posted

That will get him to pay, I would do the capias

Posted

I would pursue the capias. You have come this far. Having the sheriff pursue him is the last step. If you did not pursue it would be comparable to playing a football game getting to the one yard line then giving up. Having the person sit in jail will certainly get their attention.

Posted

If there is retaliation, then it occurs. You cannot stop it. He may retaliate against you because you took him to court in the first place.

I agree with my colleagues in that you should pursue that Capias. The only thing you have to lose is time, effort, energy, and mental health; but you are already losing these things as it relates to this case anyway.

IF you have further questions, be sure to speak with a lawyer that knows about Small Claims.

Adam Jaffe Law Office of Adam Jay Jaffe 124 Lomas Santa Fe Dr, #204 Solana Beach, CA 92075 (619) 810-7964 www.smallclaimsappeals.com Adam@SmallClaimsAppeals.com This posting is provided for “information purposes” only and should not be relied upon as "legal advice". Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principles discussed here may differ substantially in individual situations or in different states.

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