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

Discussion in 'Other/General Law Forum' started by Jay1701, 17 August 2018.

  1. Jay1701

    Jay1701 Active Member

    Joined:
    17 August 2018
    Messages:
    5
    Likes Received:
    0
  2. Rob Legat - SBPL

    LawTap Verified

    Joined:
    16 February 2017
    Messages:
    1,631
    Likes Received:
    342
    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.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  3. Jay1701

    Jay1701 Active Member

    Joined:
    17 August 2018
    Messages:
    5
    Likes Received:
    0

    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
     
  4. Rob Legat - SBPL

    LawTap Verified

    Joined:
    16 February 2017
    Messages:
    1,631
    Likes Received:
    342
    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).
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  5. Jay1701

    Jay1701 Active Member

    Joined:
    17 August 2018
    Messages:
    5
    Likes Received:
    0
    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?
     
  6. Rob Legat - SBPL

    LawTap Verified

    Joined:
    16 February 2017
    Messages:
    1,631
    Likes Received:
    342
    I don't think so, on either count, but I don't know for sure off the top of my head.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
Loading...

Share This Page

Loading...
gt;