Camdenton, MO asked in Civil Litigation for Missouri

Q: I need advice on a writ of body attachment. Details are in the "more information" area.

I had a sheriff deputy come to my house and detain me using a Writ of Body Attachment. I was booked into the county jail and held for 8 hours until my husband could get home from work , borrow money from friends and post bond.

This writ was issued in March (unbeknownst to me) after our business was sued for a debt from an insurance company that we had been insured with. We lost that business in 2018. They sued the LLC. I was named as a Deponent, failed to appear (there is a reason for my absence in court), they received a default judgement against the LLC, and then filed for the Writ. The judge issued the writ against me for contempt of court. My bond was the amount of the judgement plus fees, cash only $2400+ .

Nobody could tell me what this writ was, what I was going to have to do to be released, etc. Every officer (5 of them)said they had never seen one and couldn't answer my questions until they got the answers. I have further information but it won't fit here.

Related Topics:
1 Lawyer Answer
Ronald J. Eisenberg
Ronald J. Eisenberg
  • Chesterfield, MO
  • Licensed in Missouri

A: You probably failed to appear for a debtor examination and therefore the body attachment was issued. I suggest you hire an attorney to review the court file (that can be accessed online from an attorney) and to give you advice. A body attached, as you learned, is a serious thing. A purpose of a body atachment is to compel you to appear and to be deposed.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.