Available options when you receive either a SHOW CAUSE SUMMONS (CIVIL) or a CAPIAS: ATTACHMENT OF THE BODY (CIVIL):
If you fail to (1) pay the judgment in full or (2) completely answer all questions on or before the Interrogatory court date AND you fail to appear in court on the Interrogatory court date, then a Show Cause Summons (Civil) or a Capias: Attachment of the Body (Civil) will be issued against you with a new court date. Any additional costs to issue a Show Cause or Capias will be added to your total account balance.
A Show Cause Summons (Civil) and a Capias: Attachment of the Body (Civil) are both post judgment proceedings to compel you to answer questions about your assets and ability to pay the judgment awarded in favor of the association against you. These proceedings also require you to explain why you failed to appear to answer these questions when you were previously served with the Summons to Answer Interrogatories.
- Your options upon receipt of either a Show Cause Summons (Civil) or a Capias: Attachment of the Body (Civil):
- You may mail or drop off payment in full via money order, cashier’s check or certified funds payable to Vonda J. Dunn, P.C. for immediate credit to your account. Personal checks are not an available option to avoid answering the questions.
- Your payment must be received prior to the court date or presented to us in court on the court date for us to request dismissal of the proceeding on the court date.
- It is up to the court to decide whether or not to dismiss a Show Cause or Capias.
- Each defendant may completely fill out and return a Debtor Information Form prior to the court date.
- If any item on the form is left blank you will need to appear on the court date to complete the form.
- It is up to the court to decide whether or not to dismiss a Show Cause or Capias.
- If you do not exercise any of the options above, you must appear on the court date to answer our questions about your assets and ability to pay the judgment.
- You may set up a payment plan but we will only request dismissal of the pending Show Cause or Capias if we have received the completed payment plan package, including a fully completed Debtor Information Form, at least one day prior to the court date. Click here to email a request for a Payment Plan Package.
- It is up to the court to decide whether or not to dismiss a Show Cause or Capias.
- If you have additional questions, please review our website section entitled Frequently Asked Questions & Miscellaneous Inquiries or click here to email us directly.