What Happens If You Ignore A Court Summons In Nj?

Receiving a court summons can be a stressful experience, but ignoring it is never the right approach. A court summons is a legal document that compels you to appear in court, either as a defendant, a witness, or a juror. Ignoring it can lead to serious consequences, potentially escalating the situation far beyond the original issue. Understanding the implications of ignoring a summons in New Jersey is crucial to protecting your rights and avoiding further legal trouble.

This article will explore the potential ramifications of ignoring a court summons in New Jersey, providing a detailed breakdown of the possible consequences, categorized by the type of court and the nature of the summons. We will also address frequently asked questions and offer advice on how to respond appropriately.

Potential Consequences of Ignoring a Court Summons in NJ

Court Type/Summons Type	Consequence	Explanation
Municipal Court - Traffic Ticket	Bench Warrant	A judge may issue a bench warrant for your arrest, allowing law enforcement to take you into custody.
Municipal Court - Minor Criminal Offense (e.g., Disorderly Conduct)	Bench Warrant, Default Judgment	Similar to traffic tickets, a bench warrant can be issued. Additionally, the court may enter a default judgment against you, meaning you're automatically found guilty.
Superior Court - Civil Case (e.g., Lawsuit)	Default Judgment, Wage Garnishment, Lien on Property	The plaintiff can obtain a default judgment against you. This can lead to wage garnishment, liens on your property, and other methods of debt collection.
Superior Court - Criminal Case (Indictable Offense)	Arrest Warrant, Additional Criminal Charges (Contempt of Court)	A warrant for your arrest will be issued. You may also face additional criminal charges for failing to appear in court (contempt of court).
Family Court - Child Support Hearing	Bench Warrant, Suspension of Driver's License, Fines, Incarceration (in extreme cases)	Failure to appear at a child support hearing can result in a bench warrant, suspension of your driver's license, financial penalties, and, in severe cases of repeated non-compliance, incarceration.
Family Court - Divorce or Custody Hearing	Default Judgment, Unfavorable Orders	The court may proceed without your input, potentially leading to a divorce or custody order that is unfavorable to you.
Jury Duty	Fines, Contempt of Court	Failing to appear for jury duty can result in fines and being held in contempt of court.
Federal Court - Civil Case	Default Judgment, Sanctions	Similar to Superior Court, the plaintiff can secure a default judgment. Additionally, the court may impose sanctions against you, such as monetary penalties.
Federal Court - Criminal Case	Arrest Warrant, Additional Criminal Charges (Contempt of Court)	An arrest warrant will be issued, and you could face further criminal charges for ignoring the summons.
Grand Jury Summons	Contempt of Court, Fines, Imprisonment	Refusal to appear before a grand jury can lead to contempt of court charges, which can result in fines and imprisonment.
Subpoena to Testify	Contempt of Court, Fines, Imprisonment	Ignoring a subpoena to testify as a witness can result in contempt of court charges, leading to fines and potential imprisonment.
Subpoena for Documents	Contempt of Court, Fines, Imprisonment	Failure to produce documents requested in a subpoena can also lead to contempt of court charges, with associated fines and imprisonment.

Detailed Explanations

Bench Warrant: A bench warrant is an order issued by a judge authorizing law enforcement officers to arrest an individual. It is typically issued when someone fails to appear in court as required. The warrant allows police to take you into custody, and you will then be brought before the court.

Default Judgment: A default judgment occurs when a defendant fails to respond to a lawsuit or appear in court. The court then rules in favor of the plaintiff (the person who filed the lawsuit) because the defendant has not presented a defense. This can have significant financial consequences, such as wage garnishment or liens on property.

Wage Garnishment: Wage garnishment is a legal process where a portion of your wages is withheld by your employer and paid to a creditor to satisfy a debt. This is often a consequence of a default judgment or other court order.

Lien on Property: A lien is a legal claim against your property (such as your house or car) that serves as security for a debt. If you fail to pay the debt, the creditor can potentially foreclose on the lien and seize your property.

Arrest Warrant: An arrest warrant is a court order authorizing law enforcement officers to arrest an individual on suspicion of a crime. Unlike a bench warrant, which is typically issued for failing to appear in court, an arrest warrant is issued based on probable cause that a crime has been committed.

Contempt of Court: Contempt of court is the act of disobeying or disrespecting a court's authority. This can include failing to appear when summoned, refusing to testify, or disrupting court proceedings. Contempt of court can result in fines, imprisonment, or both.

Suspension of Driver's License: In certain cases, particularly those involving child support or traffic violations, failure to comply with court orders can lead to the suspension of your driver's license. This can severely impact your ability to travel and work.

Fines: Fines are monetary penalties imposed by the court as punishment for violating a law or court order. The amount of the fine can vary depending on the severity of the offense and the court's discretion.

Incarceration: Incarceration refers to imprisonment in a jail or prison. This is a more severe consequence that is typically reserved for serious offenses or repeated violations of court orders.

Unfavorable Orders: In family court cases, such as divorce or custody hearings, ignoring a summons can lead to the court issuing orders that are not in your best interest. This could include decisions about child custody, visitation rights, or property division.

Sanctions: Sanctions are penalties imposed by a court to punish a party for violating court rules or orders. Sanctions can include monetary penalties, restrictions on legal actions, or even dismissal of a case.

Grand Jury Summons: A grand jury is a group of citizens empaneled to decide whether there is enough evidence to indict someone for a crime. A summons to appear before a grand jury is a serious matter, and failure to comply can result in severe consequences.

Subpoena to Testify: A subpoena is a legal document that compels a person to appear in court or at a deposition to give testimony as a witness. Ignoring a subpoena can result in contempt of court charges.

Subpoena for Documents: A subpoena can also require a person to produce documents or other evidence relevant to a legal case. Failure to comply with a subpoena for documents can also result in contempt of court charges.

Frequently Asked Questions

What should I do if I receive a court summons? Contact an attorney immediately. They can advise you on your rights and obligations and help you prepare a response.
Can I just ignore a court summons if I think it's a mistake? No. Ignoring a summons will only make the situation worse. You should contact the court and explain your concerns.
What if I can't afford an attorney? You may be eligible for free or low-cost legal assistance through legal aid organizations or public defenders. Contact your local bar association for referrals.
What if I have a valid reason for missing my court date? Contact the court clerk as soon as possible and explain your situation. You may be able to reschedule the hearing. Provide documentation to support your claim if possible.
How long does a bench warrant last in New Jersey? A bench warrant remains active until it is recalled by the court or you are taken into custody.
Can I be arrested at work if there's a bench warrant for me? Yes, if law enforcement officers are aware of the warrant, they can arrest you at work or any other location.
What happens if I'm out of state when a bench warrant is issued in NJ? If the warrant is extraditable, authorities in the state where you are located may arrest you and return you to New Jersey.
Can ignoring a jury duty summons affect my credit score? No, ignoring a jury duty summons will not directly affect your credit score. However, the fines associated with contempt of court could lead to debt that could affect your credit if left unpaid.
If I move to another state, does a NJ bench warrant still apply? It depends on whether the warrant is extraditable. If it is, you could be arrested and extradited back to New Jersey.
What's the difference between a subpoena and a summons? A summons compels you to appear in court as a defendant or party to a case. A subpoena compels you to appear as a witness or produce documents.

Conclusion

Ignoring a court summons in New Jersey is a serious mistake with potentially severe consequences. From bench warrants and default judgments to fines and even imprisonment, the ramifications can significantly impact your life. If you receive a court summons, it is crucial to take it seriously and seek legal advice immediately. Addressing the matter proactively will help you protect your rights and avoid escalating the situation. Remember, seeking guidance from an attorney is the most effective way to navigate the legal process and achieve the best possible outcome.