Copperopolis, CA Bankruptcy Law Firms & Lawyers

The only time you can be arrested for not showing up in court is when the judge has ordered you to appear personally. Usually that happens when the creditor has a judgment against you and has requested that the court issue an order of examination. You are then are ordered to appear in court personally to answer questions about your income and assets. If fail to show up then the judge issues a civil bench warrant for your arrest and the police either comes to your house to get you or whenever they stop you for any other reason and find you are wanted then you will be taken into custody and delivered to the courtroom of the judge that issued the civil bench warrant (unless the judge allows you to post bail if arrested). Otherwise, if you fail to show up the judge simply rules against you and gives the creditor whatever the creditor has requested, including costs, interest, attorneys' fees, punitive damages, etc. It is assumed that if you do not go to court then you are not contesting whatever the creditor has requested. This is called a judgment by default.

You have a right to file a claim also you can sue in an adversary proceeding or file a motion objecting to dischargibility of the debt. Bankruptcy proceeding are Federal and complex. Please get counsel.

If the case is closed you will have to file a motion to reopen, and then file a motion to avoid the lien. If the case is still open you will need to only file the motion to avoid the lien. There is a court cost involved for both types of motions.