What is a Capias - Civil Warrant of Arrest?
A Capias is an order from the court authorizing the Plaintiff to utilize the Sheriff in comprehending the defendant on contempt for failure to appear in court as ordered.
What is the purpose for the Capias - Civil Warrant of Arrest?The Capias allows the Plaintiff utilize the Sheriff in bringing forth the Defendant for a hearing on the contempt. A Capias will only be issued on the Defendant's failure to appear on Supplementary Process, Payment Review and Show Cause hearings. These hearings are all used as examinations of the Defendants ability to pay and he or she must attend for the court to complete this examination. The Sheriff will attempt to reach out to the Defendant by phone and by mail before requesting physical arrest. When the Sheriff receives the Capias, more than likely, they will charge a $60.00 Capias fee. If the Sheriff is unable to reach out to the Defendant and "talk them into court" or the Defendant refuses to show up to court on the designated times the Sheriff put forth, they will send the Capias back and request a physical arrest. If the Defendant does not answer the Sheriff's attempts, the Sheriff will return the Capias to the Plaintiff and charge a Diligent Search fee of about $10.00 and $15.00. The physical arrest requires a release of all wrongdoing on the Sheriff's department and a deposit of between $300.00 and $500.00. The Plaintiff must authorize the physical arrest. Whatever the final cost on either measure will be added onto the Defendant's judgment.
What are the benefits of Capias - Civil Warrant of Arrest?A Capias is typically good for 1 year from the date of issuance. Plaintiff can hold onto the Capias or send for service immediately. Plaintiff can also notify the Defendant about the Capias in a Capias letter. If a Defendant enters into an agreement before the Capias is sent for service, advise the Defendant the Capias is still outstanding for 1 year, but will remain inactive, unless the agreement is breached. If the Defendant enters into an agreement after the Capias is served, but before the hearing on the contempt, Plaintiff should attempt to work with them to save a day in court.
DisclaimerThis is NOT a Criminal Warrant and the Sheriff will not arrest the Defendant unless Plaintiff authorizes it. The Defendant will spend no time in Jail, they will strictly be asked to appear in court for the contempt for failure to appear in court as ordered. The Police will NOT see the Capias.