I owe a collection agency there is a warrant for me due to the non-payment how do I get warrant lifted?

1 views 1 answers
I believe there is a check that was written by my 17yr old daughter that she has hidden from me to include the notices placed on my door to appear in court to resolve. I visited the collection agency handeling the issue and made an agreement to pay them. I have been having severe debt issues and to make a long story short I was garnished my whole paycheck minus about $50 so I wasn't able to honor my agreement. I was recently informed there is a warrant for my arrest how do I get it lifted without being jailed?

Attorney Answer

1
Theodore Godfrey ·
I am not licensed in Kansas so my advice will be extremely general. I hope that a Kansas attorney will correct my mistakes. You probably have multiple defenses to the check charge once you get to trial. I can think of several, including the core fact that you did not sign this check! But now you have more complex issues. One thing to explore with this Kansas attorney is whether the arrest is directly for a "bad check" charge or whether it's the result of a body attachment as a result of a civil judgment. I strongly suspect the former. In Maryland (where I practice mostly), it's common for bad check bail to be set at the amount of the alleged bad check. It's also common for it defendants on minor charges like bad check charges to be released on recognizance aka "Recog" or "ROR" for agreeing to appear in court at trial. You get arrested, processed, and released. Kansas may be very different, I defer to local competent counsel. Sometimes, you can avoid an arrest in some states under some conditions by filing a motion to revoke a bench warrant. However, this may not apply to you. Local counsel may be able to help you a whole lot. If you are financially strapped, you may qualify for the services of the Public Defender. I would recommend that you take your warrant to the Office of the Public Defender for your county and request help. If you don't qualify for whatever reason, I would work with a Kansas attorney here on or through the Lawyer Referral Service for the Kansas Bar Association: at 1 (800) 928-3111. They may be able to help you get help locally in Junction City. Some lawyers volunteer to help for very low fees or for free those who cannot afford representation and don't qualify for the PD office. They may be able to give you a free initial consult to help you get rid of the warrant (if possible there) or at least confirm that it's only an arrest-and-release, if true. If you do turn yourself in to the police, unless local counsel advises you otherwise, I would recommend turning yourself in at 7:45 AM on a Monday. Your odds of getting efficient treatment by most courts and police, towards getting you in, through and out, are highest then. But don't do this until you talk with the PD and/or private counsel. All the best to you - Bruce Godfrey, Washington DC/Baltimore
0 upvotes