The Judge can’t issue a Bench Warrant without the proof
of service. This document should be picked a day prior to the hearing from the
sheriff or process server.
The Judge will ask “What are you asking for today?”
Reply “Judge, I ask the courts to issue a bench warrant on the defendant with a money attachment”.
Judge
will ask for the Affidavit of Non-Military service to prove the defendant
failure to appear was he/she was in the Military. He/she will issue a Bench
Warrant and will decide on the amount of the bond. He/she will hand the
plaintiff 2 forms to make out to administer the warrant.
1. Warrant Information Required for Sheriff’s Leads Entry
2.
Warrant of Arrest
These documents have to be filled out by the plaintiff after the Judge issues the Bench Warrant. The information needed is: height, weight, birthdate, middle initial, along with hair and eye color. The employer of the Bench Warrant is the plaintiff. This information is forwarded to the arresting officer so there is no doubt it is the defendant in question.
When
the defendant is arrested and posts bond to be released, the courts will set a
bond hearing. The plaintiff will motion at the bond hearing for the funds to be
applied to the outstanding judgment.
1) Defendant appears
Payment agreement has already been made in the Debtors Exam
You will be notified by the Clerk’s Office that the defendant has been arrested and have posted a bond to be released out of jail. And notifying you of the court time and place of Bond Hearing.
Be sure to pick up a blank Order before court to make out at the podium of the Judge’s decision.
When your case is called, the Judge will ask the defendant whether there is any reason that the bond should not be applied toward the outstanding judgment. We find whatever excuse the defendant has, the Judge awards the plaintiff’s the bond money.
When the Judge awards the bond you will fill in the appropriate blanks on the Order then, you will ask the Judge for a Status Hearing to establish a payment schedule that has already been agreed upon.
2) Defendant appears
No payment agreement has been made
After filling out the Order granting the bond to the
plaintiff, ask the Judge if you can conduct a Citation in the hallway to
establish an agreed payment plan, follow the procedure of: Citation to Discover
Assets. You will take the defendant out in the hallways to conduct a discovery.
3) Defendant failed to appear
After the Judge grants the bond to the plaintiff, you
will fill out the Order.
He/she will say, “What are you asking?”
Reply, “Another Bench Warrant Judge but can the bond
be more than the last time. The defendant is failing to pay or appear at the
court hearings?”
The Judge will grant another Bench Warrant and will
decide how much the money attachment will be. You fill in appropriate spaces on
the Order for another Bench Warrant.
The Judge will hand you the (Warrant Information required for Sheriff’s Leads Entry) and the (Warrant of Arrest) to fill out. These documents will go into the court records and forwarded to the sheriff.
You will be notified when the defendant is arrested again and will motion for money attachment to be applied towards the judgment.
I AM IN YOUR CORNER LANDLORDS
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