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What do creditors do to get debtors arrested? Obviously, they lie to the court saying that debtor has been served with the summons and complaint and thus has been legally notified that there is a lawsuit against debtor. I have seen several proofs of service of summons and complaint where creditor’s process server outright lies to the court about having served debtor. The proof of service declares that the summons was personally served on debtor who is described to be a Hispanic male in his late forties. In reality, debtor is Taiwanese in his late sixties. Yet another proof of service states that the summons was personally delivered to an 18-year old child of debtor. In reality, debtor has no children and lives by herself. Thus, the lawsuit proceeds through all the court proceedings, commenced by this lie, with debtor totally unaware that he has been sued. Eventually, a default judgment is entered. Then the court orders debtor to appear on a certain date for a debtor’s examination. Debtor is unaware that there is a judgment against him and that he has been ordered to appear for debtor exam. The date for the debtor exam arrives and debtor fails to appear because he is unaware that there is one.

A bench warrant of arrest is issued against debtor for failure to appear is ‘contempt’ of a court order. Consult a bankruptcy lawyer to avoid getting arrested for unpaid debt.

Lawrence Bautista Yang is a graduate of Georgetown University Law Center and has been in law practice for thirty years. He specializes in bankruptcy, business and civil litigation and has handled more than four thousand successful bankruptcy cases in California. He speaks Mandarin and Fujien and looks forward to discussing your case with you personally. Please call (626) 284-1142 for an appointment at 1000 S Fremont Ave Bldg A-1 Suite 1125 Unit 58 Alhambra, CA 91803.