I previously wrote a blog about successfully getting an Order to serve a Notice of Contempt Hearing by regular mail as the debtor was (with the assistance of his parents) evading service.
Our client spent a lot of money trying to get them served without success.
Well, not surprising anyone, the debtor did not show up for the Contempt Hearing and the file was traversed to the Superior Court for a warrant for their arrest to be issued.
How do we know that the warrant was issued? Because the Court contacted us and advised that they were arrested at a traffic stop.
When civil warrants are issued by the Court, its tied to your driver’s license and when you get pulled over, it shows up on your record, and then you’re arrested.
It is a very rare occurrence that this happens. If it was going to happen to anyone, it should have been this particular debtor. As a representative of a party, there is nothing more frustrating than a debtor who thinks they can get away with failing to attend Court without repercussions.
Do you really want to be thrown into general population and when asked “what you in for?” and your response being: “I didn’t show up to Small Claims Court.”
That’s a pretty lame excuse and you won’t get any ‘cred in the slammer.
So don’t be like our debtor. When you’re served with a Notice to show up to Court, you better show up…or else.
Full disclosure: this Blog was written before the Covid-19 Shut Down of Our Courts. Small Claims Court has a special procedure for debtors with warrants for their arrest to reach out to avoid being arrested right now. Find out the information here: https://www.ontariocourts.ca/scj/suspension-small-claims-ops/
Murray Brown, Licensed Paralegal