This issue comes up a lot when I consult with defendants in small claims court matters.
Small claims court is civil in nature, which doesn't allow for criminal procedure; however, if a clerk orders a defendant to pay "X" amount of money to the Plaintiff, and the Defendant doesn't pay, there can be a capias issued.
A capias is a civil arrest warrant, which is just a way of allowing a sheriff or constable to arrest a Defendant for nonpayment, which is basically contempt of a court order.
I advise Defendants who do not prevail in court, to come up with a payment plan that they can afford, because if they don't abide by that plan, they run the risk of being in contempt of court; and yes, possibly arrested.
Has this happened to anyone you know?
Thanks.
Craig
www.masmallclaims.com
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