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.

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1 Lawyer Answer
Ronald J. Eisenberg
Ronald J. Eisenberg
PREMIUM
Answered
  • 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.

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