smaill claims : bench warrant

[smannuus]

I won a judgement in small claims court against my landlord for $2000.He did not pay me within 6 weeks.I filed for a "order of examination" where the defendent has to come and explain why he could not pay and provide a statement of assets /bank acct.
He did not turn up. the Judge ordered a "bench warrant" against the defendent.
The warrant will be served by the "sheriff's dept" .I have a hunch that the defendent will not turn up in court inspite of a bench warrant.
He may give a medical reason or something for not turning up.
If he doesn't show up , it will be "contempt of court" but that still does not get me my money.What is the next step to get him to pay?
I have already filed liens on his property in the county clerk recorder's office.
Will the sheriff's dept or small claims court help me in informing credit agencies to report bad credit ?

 

[mau99]

I believe that a bench warrant means that there is a warrant out for his arrest, and when he is arrested, he is brought to court by the sheriff's dept. He has no choice in the matter!
I was curious - did he keep your security deposit, or what? What state are you in? Did you get double or triple damages. I am taking my landlord to court for keeping part of my security deposit.

 

[smannuus]

what is diff. between civil bench warrant and criminal warrant ?

I was told a bench warrant for a "civil" case is not like a "criminal" case i.e. the defendent will not be "arrested" but merely sent a personal note i.e. served by sheriff's dept ( like a process server) .
The defendent has time to decide if he wants to report sick on the court date .... and avoid comng to court.
In this case the defendent is over 55 yr old and his wife came to court during the hearing and said he has health and "memory problems" and forgets. ( it's a lie of course)
The Law is not clear on what action can be taken by the plaintiff to collect if the defendent doesnt show up after a bench warrant being served. It just says - "he will be guilty of "contempt of court" . what does that buy the plaintiff ? . This means that defendent's name will show up in county/public records that he has guilty of a civil crime e.g. like a suspended driver's license due to a DUI .
I know ultimately I can go to a collection agency and they could do the needful ..... but they take about 50 % of the money and the chances of collection are only 20 % . ( I know he will not pay)

To answer yr q . The landlord kept my security deposit and refused to return it. I filed for triple damages as advised by the mediator (mediation failed). the judge did not award me the triple amount.just a 10% extra .this is in CA

 

[mau99]

I was told a bench warrant for a "civil" case is not like a "criminal" case i.e. the defendent will not be "arrested" but merely sent a personal note i.e. served by sheriff's dept ( like a process server) .
The defendent has time to decide if he wants to report sick on the court date .... and avoid comng to court.
In this case the defendent is over 55 yr old and his wife came to court during the hearing and said he has health and "memory problems" and forgets. ( it's a lie of course)
The Law is not clear on what action can be taken by the plaintiff to collect if the defendent doesnt show up after a bench warrant being served. It just says - "he will be guilty of "contempt of court" . what does that buy the plaintiff ? . This means that defendent's name will show up in county/public records that he has guilty of a civil crime e.g. like a suspended driver's license due to a DUI .
I know ultimately I can go to a collection agency and they could do the needful ..... but they take about 50 % of the money and the chances of collection are only 20 % . ( I know he will not pay)


Small claim cases start out as civil cases, but when the defendant blatantly ignores the judge's order, and is found in contempt, then it is a criminal matter. If he refuses to pay he can go to jail, and the judge might add interest and penalty fees. So don't go to a collection agency, just wait it out and keep in touch with the court. Sometimes the clerks at the court are helpful and may find out for you exactly what they will do.