I didn’t go to court and now I have a warrant out for my arrest, can I include that in bankruptcy?

No, and yes.

(This ONLY pertains to debt collection and bankruptcy).  In Utah debt collection a creditor will sue you, and then get a judgment.  If they don’t know where you work or where you bank, then they will file an order for you to appear at a “Supplemental Hearing” or a “Supplemental Proceeding” so that they can ask you questions about your assets and “supplement” their file.  If you ignore the court order requiring you to appear for the “supp. order hearing” then the court will issue a bench warrant or a civil arrest warrant with a fine of about $250.

Now let’s say a creditor sues you and gets a judgement for $10,000.  He then notices up a supp. order hearing, and you skip it and get a civil arrest warrant and a fine for $250.  Then you go bankrupt.  Bankruptcy can discharge the $10,000 judgment, but you still owe the court fine.  You are going to have to contact the court, pay the fine, and may have to go into court and explain to the judge why you ignored a court order.

So bankruptcy wipes out the debt, but not the court fine.

Bankruptcy also doesn’t stay or stop enforcement of the arrest warrant, so it’s a good idea to contact the constable who served it on you.

This is not legal advice.  If you need help go to www.robertspaynelaw.com.

 

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