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Re: Debtor's prison comes back, for REAL:


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Posted by cddfisher (152.163.204.178) on February 08, 2003 at 16:24:42:

In Reply to: Debtor's prison comes back, for REAL: posted by 1600's are back on February 08, 2003 at 03:50:36:

You have no idea what you are talking about. You should not scare people on this board for no reason and without understanding the situation. Once a creditor obtains a judgment, almost every state maintains a civil practice post judgment procedure to obtain information to satisfy the judgment. One of those procedures is usually a post judgment exam which can be in writing or oral in person. If the judgment debtor does not answer (as happened in your article), the creditor can seek a civil contempt. The judgment debtor gets ample notice to respond to the post judgment questions or be subject to fine, prisonment or both. Even once a contempt order is entered, usually there is a purge period during which if a fine is paid (often $50-250) and the judgment debtor answers, no further action will be taken. For those judgment debtors who simply refuse to answer or appear for post judgment information and who completely ignore the Court's orders to do so, they are subject to arrest to answer. This is nothing new nor should it worry anyone. Had the judgment debtors simply answered the questions in the first place, then there is no contempt or resulting arrest. The creditor simply obtains information about the judgment debtor's income, expense, assets and liabilities which may or may not be subject to attachment depending on the state exemptions allowed.


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