Welcome to SPARC Forums. Please login or sign up.

Apr 18, 2024, 04:49:40 PM

Login with username, password and session length

update on pro supp hearing today

Started by wysiwyg, Aug 21, 2006, 09:40:03 AM

Previous topic - Next topic

wysiwyg

Soc,

Hearing today regarding BM failure to abide by court order to pay our attorney fees.  

BM and her attorney failed to show.  Our "Sub" attorney (our regular could not come due to trial) finled a rule to show cause for her failure to show up with teh requested information ie assets and ability to pay.

1. What do you think will happen now?

socrateaser

>Soc,
>
>Hearing today regarding BM failure to abide by court order to
>pay our attorney fees.  
>
>BM and her attorney failed to show.  Our "Sub" attorney (our
>regular could not come due to trial) finled a rule to show
>cause for her failure to show up with teh requested
>information ie assets and ability to pay.
>
>1. What do you think will happen now?

What you are describing is basically a contempt action for failing to appear. As a judgment creditor your attorney has the right to a hearing wherein the judgment debtor must reveal all available assets and income sources, so execution or garnishment can occur to statisfy judgment.

And, although a person cannot be arrested and confined for refusing to pay a judgment (that would be debtor's prison, which violates the 13th Amendment prohibition of involuntary servitude), a person can be arrested and confined for refusing to answer questions, and failure to appear is the equvalent of refusing to answer.

So, what will happen next, is that if the debtor doesn't appear at the show case, then the court will issue a bench warrant for the debor's arrest and she will be taken into custody and will remain in jail until she agrees to disclose the required information.