Mari - The Facts
Mari claims that “Without prior warning or indication, a sheriff showed up at their home to arrest Mari’s husband and take him to the courthouse. The order had come from the debt collectors.” They felt they were being treated like criminals despite doing their best to communicate with the debt collectors and make payments.
The court issued an order for Mari’s husband to come to court and attend a hearing. The law requires that this order be personally served on Mari’s husband. In addition to the order, the attorneys for the collector also included a letter that was also personally served. The letter would have told Mari’s husband that if he met with the attorneys, he could avoid going to court completely. The letter would have warned Mari’s husband that if he did not meet with the attorneys or if he did not appear in court as ordered, then he could be arrested and brought to the courthouse.
In addition, after Mari’s husband did not appear at the court as ordered, the court likely issued another order that would have been personally served on Mari’s husband. This order would have told him that he already violated a prior order and that if he did not appear the second time he would be arrested. The law required that this second order be personally served on Mari’s husband. The attorneys for the collector would have enclosed the same letter telling Mari’s husband that he could avoid the hearing if he met with the attorneys at a time convenient to him before the hearing.
Mari’s husband was arrested because he ignored one if not two court orders to appear in court. Courts expect their orders to be obeyed.