Midland Funding sued me - now bench warrant?

[gregcurryesq]

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@guiness56 wrote:

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@RobertEG wrote:

I dont think the threat of a bench warrant is based on payment of the debt, but rather on failure to appear persuant to the court order.

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In Ark and WA it is for not paying the debt which they say is contempt.  I live in one of those states and lived in the other for 20 years.

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Interesting. And scary.

[guiness56]

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@gregcurryesq wrote:

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@guiness56 wrote:

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@RobertEG wrote:

I dont think the threat of a bench warrant is based on payment of the debt, but rather on failure to appear persuant to the court order.

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In Ark and WA it is for not paying the debt which they say is contempt.  I live in one of those states and lived in the other for 20 years.

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Interesting. And scary.

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Yes it is.  Here is the list of states:

there are six states — Arkansas, Arizona, Illinois, Indiana, Minnesota, and Washington State — that allow debt collectors to seek arrest warrants for debtors in default if all other collection methods have failed.

The reason I even looked into was because my local electric company notifies the PD if you are late on your bill.  I was curious as I know there is no longer a debtors prison.  But, for these states, one in which I now live, it is very possible to be arrested for owing a debt. 

[guiness56]

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@chasmith wrote:

When a creditor has a judgement, they can ask the court to summon you for a "disclosure hearing" or "debtor examination".  At that hearing the judge may order the debtor to turn over specified assets, possibly the judge may also order a payment plan.

People get arrested for ignoring the subpoena for the hearing, or for failing to do what the judge orders.  There is no arrest for just having a judgement against you.

If the judgement is in another state, you need to respond to any hearing subpoena based on lack of jurisdiction of the foreign court.

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A judgment from another state CANNOT be collected on in the state you currently reside unless it has been domesticated. 

There is an arrest, in 6 states,  just for having unpaid debt.