Civil Arrest
After a judgment has been obtained against you for a debt owed, the court may require your presence at a post-judgment hearing in order to determine based on your financial situation your ability to repay the debt owed. If you fail to attend such a hearing, a civil warrant (also called a capias) may be issued for your arrest. In Massachusetts, these notices are usually bright in color and require your presence as the debtor before a deputy sheriff at the local court on a designated date and time. When you appear, you may tell the sheriff if you plan to file for bankruptcy. By doing so, the creditor will get notice of your intent to file bankruptcy and discharge their debt. The creditor will also get the chance to learn more about your financial situation through the sheriff’s examination, but any further actions to attach your property or wages would first have to be allowed by a court order. Because local law as regards civil judgments varies widely from one jurisdiction to another, first consult a qualified bankruptcy practitioner in your jurisdiction before proceeding further.
