If my landlord failed to appear in court and a capias warrant was issued, how do i collect my money?

My landlord never returned, nor gave reason to withhold, my security deposit. After 6 months went by, I filed a small claim against the realty trust (3 individuals). They did not appear for court nor the payment hearing therefore a capias warrant was issued for the 3 trustees. It has now been another 6 months. What can be done now to collect the money?

Asked on March 18, 2012 under Real Estate Law, Massachusetts

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

A capias warrant is a warrant issued by a civil court to order some person capable of paying a judgment to do so to the judgment creditor or spend time in jail. If the warrants have been issued by the court concerning your small claims court matter on the defendants/judgment debtors, the warrants need to be served upon them.

I suspect that they have not been. If so, you need to have a process server serve the warrants on these three debtors and if they do not pay you the amount ordered by the court, you will need to file a motion with the court to have an order to show cause hearing held as to them. At the hearing, the court if the money is not paid to you by then can order the debtors to spend time in jail for violating a court order.


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