Many times when a judgment has been awarded to a plaintiff, and the defendant has not made any attempt to resolve the matter, then the court may issue a Capias for arrest. A Capias is not automatic so a plaintiff, or their attorney, must request such from the respective court. Request is usually at a minimum of 30 days from judgment, which is usually the allotted time for the debtor to have made some arrangement with the plaintiff on the judgment; either full satisfaction or some payment arrangement to satisfy.
Surrender
SCCO usually recommends a surrender process initially. Economically this is most beneficial for all parties involved. There are less up-front cost for the plaintiff, and subsequently, for the defendant, as these costs are usually requested to be added to the defendant’s judgment total as an expense to enforce.
Within 48 hours of SCCO receiving the Capias we will complete a Due Diligence Search of the defendant. We will ensure current address then send initial mailing to the defendant. Mailing will include docket number, court house and means to arrange for surrender. If there is no response within 5 business days SCCO will mail a Final Notice to the defendant. If there is no response on a secondary mailing, then an attempted contact by phone or physical visit would be completed at location, in an attempt to get the defendant to appear in court.
When the defendant responds to one of the steps above, SCCO will contact the plaintiff to inform them of the surrender date. Both the plaintiff and the defendant must appear. Our Constable’s will stay with you and the defendant until a resolution is made. The cost of the Apprehension is the responsibility of the Attorney/Plaintiff and any reimbursement request needs to be conveyed to the Judge by the Attorney/Plaintiff.
Please contact our office to review our Apprehension Packet for pricing.
Request Small Claims; Supplementary Process; Civil Cases Capias Service
(Private Party)
Request Small Claims; Supplementary Process; Civil Cases Capias Service
(Industry Professionals)
Physical Apprehension
If a defendant fails to comply with the Surrender then the only alternative of enforcement to pursue is the physical apprehension of the defendant. The physical apprehension is more expensive as it entails more man power and hours to complete.
Within 48 hours of SCCO receiving the Capias we will complete a Due Diligence Search of the defendant. We will locate the defendant, ensure current address, as well as possible alternative address(es) for the defendant, and coordinate a date and time with the Attorney/Plaintiff on the intended apprehension and delivery to the appropriate court. SCCO will always work closely with the Attorney/Plaintiff on scheduling as well as to NOT exceed the retainer or fee amount, without express approval of the Attorney/Plaintiff.
Once the defendant is apprehended he/she will be transported to the respective court. Our Constable’s will stay with you and the defendant until a resolution is made. The cost of the Apprehension is the responsibility of the Attorney/Plaintiff and any reimbursement request needs to be conveyed to the Judge by the Attorney/Plaintiff.
Please contact our office to review our Apprehension Packet for pricing.