1. Can I chose the day and time that you apprehend or surrender the defendant?
Each court schedules to hear capias cases on specific days and times. We are required to bring the defendant in on those days and times only. The court does allow, on rare occasions, alternate days and times. This is mostly based on the evasiveness of the defendant.
2. How much does it cost for service of a Capias?
There are many factors that are involved in completing Capias work. We offer two main courses of action: Surrender and Physical Apprehension. Each has different associated costs. It is best to review our Capias Packet to better understand all potential costs.
3. Is there any other option other than physically arresting the defendant?
In some cases there is the option of a “surrender”. The defendant will be served the capias by one of our officers and told that they must surrender on a specific day and time. This day and time will be coordinated with the Attorney/Plaintiff and is dictated by that specific court.
4. Why do I need to spend more money to get the money the court ordered is mine?
When a plaintiff receives a Judgment in their favor this is the court affirming that they agree. This does not actually “enforce” anything. All it does is basically say, “Yes, we the Court agree, Defendant X owes Plaintiff Y this much money”. With this, the Court expects the defendant to remedy in a reasonable amount of time. If the defendant does not, it is the responsibility of the Plaintiff to inform the court and seek remedy.
5. Is the money I spend to enforce the Capias recoverable?
That is at the sole discretion of the Judge. This is why it is important to select an office that charges a reasonable fee for actions completed and documents such actions.
6. Is this throwing good money after bad?
It is the Plaintiff that needs to determine, “when the cost out-weighs the gain”. It is not always a Yes or No answer. In this economy every dollar is important. There are defendants that rely on Plaintiffs not pursuing them, thus feeling only accountable and responsible to those that actively pursue.
7. Can you enforce my Capias on someone that moved out of Massachusetts?
SCCO strongly recommends contacting a Constable or Sheriff within the jurisdiction of the defendant. You may also try contacting a local Court House to see what procedures should be followed to help enforce a Civil Capias you have on a defendant that now resides in that State.