NSW Arrest Warrant for Civil Small Claims Court - Classed as Criminal?

[Jay1701]

Hi,

If you miss a summons to appear in a small claims civil court case at the local courts and they issue an arrest warrant out for you so they can arrest you and take you to appear in front of the magistrate, is it classed as a ‘criminal’ in your criminal history check?

 

[Rob Legat - SBPL]

To my knowledge: no, but I don't practise criminal law (plus I don't practise in NSW).

In Queensland, they're called an enforcement warrant and they're issued specifically for failure to appear at an enforcement hearing in civil proceedings. In any case, a warrant is not a conviction.

 

[Jay1701]

To my knowledge: no, but I don't practise criminal law (plus I don't practise in NSW).

In Queensland, they're called an enforcement warrant and they're issued specifically for failure to appear at an enforcement hearing in civil proceedings. In any case, a warrant is not a conviction.

Thank you Rob,

I was just notified that since I did not appear at the Liverpool Local Courts on the matter of overdue car hire rental, I just had the Sheriff come around whilst I was not here.

The debt is just under $10,000 and the courts issued a warrant for the sheriff to arrest me and take me to local court in front of magistrate to show my financial earnings.

Does an arrest warrant of this nature classed as criminal?

#10

 

[Rob Legat - SBPL]

That would be an enforcement warrant, or whatever the NSW equivalent is, assuming that an order has been given. It's worth remembering that an order from the registry to appear at a date and time is an order from the court, and failure to appear is in the realms of contempt of court (but isn't treated as seriously as what most people consider contempt of court).

 

[Jay1701]

That would be an enforcement warrant, or whatever the NSW equivalent is, assuming that an order has been given. It's worth remembering that an order from the registry to appear at a date and time is an order from the court, and failure to appear is in the realms of contempt of court (but isn't treated as seriously as what most people consider contempt of court).

Would a contempt of court or a warrant out on you for this type of small claims matter prevent you from going overseas? Would it still show up on a criminal history check?

 

[Rob Legat - SBPL]

I don't think so, on either count, but I don't know for sure off the top of my head.