Probate & Family Court Capiases
When an individual fails to comply with the orders of a court as it relates to Probate matters, it usually results in a Capias being issued. This Capias can derive from Contempt Orders, Child Support Enforcement, or other matters the Probate Court feels warrants a Capias against an individual. Based on the complexity of Probate matters, and the requirement of the Officers on scene, SCCO does not offer Surrenders on Probate Capias matters. SCCO moves right to Physical Apprehension.
Small Claims; Supplementary Process; Civil Action Capiases
Once a judgment has been awarded to a Plaintiff the Defendant is required to work out payment to satisfy the judgment. Many times this payment, nor attempt of any payment agreement, is made by the Defendant. In most cases there will be a payment review date set, or the Defendant will be served to appear in court to answer for why no restitution has been made. Failure to show up on this date ultimately can lead to a Capias being issued against the Defendant for ignoring the courts orders. A Capias is not automatically issued so a Plaintiff, or their Attorney, must request this from the respective court.
Housing Court Issued Capiases
After a summary process case for eviction is heard by the court a judgment may be awarded to the Plaintiff. Depending on the reason for eviction the judgment can be awarded for a monetary amount. This amount can increase if a physical eviction against the Defendant(s) has to be performed. Upon the completion of a physical eviction the Plaintiff (IE: Landlord, Property Manager, Attorney) may complete a process called Supplementary Process. This proceeding permits a plaintiff to submit to court the additional cost associated with the eviction, such as Constable and eviction mover fees. If approved, the total judgment against the Defendant would now include any arrearages determined at time of Judgment, as well as amounts for these stated additional costs. If the Defendant(s) fail to make payment and/or appear at a scheduled court date then Housing Court may issue a Capias against the Defendant(s).
Capias Derived From Subpoena
When an individual(s) is subpoenaed to appear before a court, then fails to appear, the court may issue a Capias for said individual(s) to be apprehended and brought before the court. These orders are usually immediate and require a Physical Apprehension based on the dynamics of the proceedings.