Brockton, MA asked in Consumer Law and Civil Litigation for Massachusetts

Q: How do I RENEW a Massachusetts civil capias warrant issued in a home contractor award case that will expire in 2 months.

The warrant is evidently good for 1 year during daylight hours only. I have proof of defendant's continued address occupancy (signatures on USPS postal receipts within last 2 months), but is otherwise very good at dodging the sheriff. Person would be greatly happy when this expires, as could now run freely about. Must I re-apply for renewal under a "continuance", "motion", or other legal case avenue?

1 Lawyer Answer
Christopher Tolley
Christopher Tolley
  • Consumer Law Lawyer
  • Boston, MA
  • Licensed in Massachusetts

A: You have to file a written motion for a new capias, mark it for hearing, give notice to the debtor, and surrender the old capias.

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