December 13, 2007, 10:48
melimorgNeglecting to Execute Process
Constable has failed to execute a writ.
Section 2.16 of the Penal Code read "he shall be liable to a fine for contempt not less than ten nor more than two hundred dollars, at the discretion of the court. The payment of such fine shall be enforced in the same manner as fines for contempt in civil cases."
We have not had to deal with this in the past.
Does anyone have any input into how to handle this process?
December 13, 2007, 15:30
GGHow about subpoena the constable to court and let him explain to the Judge why he did not attempt/execute the writ?
That works so long as he doesn't get the subpoena to serve himself!