Capias - Warrant of Arrest
The South County Constable Office is responsible for delivering process and papers. SCCO is also accountable for enforcing the decisions of the court. When the court has ruled in favor of the plaintiff against a debtor, but the defendant still does not pay what they owe, there are a number of things a plaintiff can do to claim the money they are owed. In addition to evictions and levies on personal property, the Constable enforces capias. Capias are issued through the court and demand that the defendant come to court in order to settle the debts that they owe the plaintiff.
Within five days of our office receiving a capias from an individual, business or attorney, the Constale will mail a contempt of court notice, specifying the court, the hearing date, and the docket number for the particular case. Within five days of this initial mailing, the first attempt at telephone contact will be made. The Constable will contact the defendant by telephone or leave a message communicating the nature of the complaint and the importance of showing up to the hearing.
If the defendant fails to show up at the first hearing, a new hearing date will be set. A second mailing will be issued, restating the nature of the case, the hearing date, the court and the importance of their appearance. A second phone call will also be placed.
If the defendant fails once again to show up at their hearing, a third and final notice will be issued and mailed. They will be informed that it is the third contempt of court notice issued. The deputy will phone a final time, and make an attempt visit the premise if possible, in an attempt to get the defendant into court. If these three mailings and phone calls should fail, the plaintiff has the option of filing a capias for physical arrest. Please call the office for an estimate on the cost for a physical arrest. The fee is based on miles traveled, conveyance, and basic Capias fee. Our rates are set by law (MGL c.262, Sect. 8)
Please be aware, however, that a Physical Arrest will only guarantee that we will get the Defendant into court – we have no control over any judicial decisions or payments once he or she is in court. Furthermore, if you have a Capias against a business or organization, it will be necessary to go to court and have an individual’s name added to the Capias in order to make a Physical Arrest.
Within five days of our office receiving a capias from an individual, business or attorney, the Constale will mail a contempt of court notice, specifying the court, the hearing date, and the docket number for the particular case. Within five days of this initial mailing, the first attempt at telephone contact will be made. The Constable will contact the defendant by telephone or leave a message communicating the nature of the complaint and the importance of showing up to the hearing.
If the defendant fails to show up at the first hearing, a new hearing date will be set. A second mailing will be issued, restating the nature of the case, the hearing date, the court and the importance of their appearance. A second phone call will also be placed.
If the defendant fails once again to show up at their hearing, a third and final notice will be issued and mailed. They will be informed that it is the third contempt of court notice issued. The deputy will phone a final time, and make an attempt visit the premise if possible, in an attempt to get the defendant into court. If these three mailings and phone calls should fail, the plaintiff has the option of filing a capias for physical arrest. Please call the office for an estimate on the cost for a physical arrest. The fee is based on miles traveled, conveyance, and basic Capias fee. Our rates are set by law (MGL c.262, Sect. 8)
Please be aware, however, that a Physical Arrest will only guarantee that we will get the Defendant into court – we have no control over any judicial decisions or payments once he or she is in court. Furthermore, if you have a Capias against a business or organization, it will be necessary to go to court and have an individual’s name added to the Capias in order to make a Physical Arrest.
Capias Information Form
This form provides us with extra information on locating, serving and arresting the party the Capias is on. While none of the information is required, it is extremely useful to us.
