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contempt of court

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Bali Hai

Senior Member
What is the name of your state (only U.S. law)? Idaho

I won a judgement in small claims court. When I wasn't paid the judgement, I filed a motion to show cause with the court.

After the court determined the defendant had the ability to pay the debt, they were found in contempt of court for refusing to obey the court order.

Can the defendant receive jail time for contempt of court?
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? Idaho

I won a judgement in small claims court. When I wasn't paid the judgement, I filed a motion to show cause with the court.

After the court determined the defendant had the ability to pay the debt, they were found in contempt of court for refusing to obey the court order.

Can the defendant receive jail time for contempt of court?
I don't see how. There are other remedies (liens, bank account levies, garnishments etc.). That would be like a credit card company being able to send you to jail for contempt for non-payment.
 

Bali Hai

Senior Member
I don't see how. There are other remedies (liens, bank account levies, garnishments etc.). That would be like a credit card company being able to send you to jail for contempt for non-payment.
I agree, the credit card company can't send you to jail. They would first need to get a court order and then the judge would subsequently need to find you in violation of that order and in contempt.

My question boils down to this, can someone be sent to jail for contempt of court?
 

BL

Senior Member
I agree, the credit card company can't send you to jail. They would first need to get a court order and then the judge would subsequently need to find you in violation of that order and in contempt.

My question boils down to this, can someone be sent to jail for contempt of court?
To answer the specific question ,yes .

Would they for small claims ?

Exactly what did the Judge say in court ?
 

Antigone*

Senior Member
I agree, the credit card company can't send you to jail. They would first need to get a court order and then the judge would subsequently need to find you in violation of that order and in contempt.

My question boils down to this, can someone be sent to jail for contempt of court?
Bali, get it through your thick head. We don't have a debtor's jail ~ at least not one for civil judgments.
 

Bali Hai

Senior Member
To answer the specific question ,yes .

Would they for small claims ?

Exactly what did the Judge say in court ?
"I find that you flouted and willfully disobeyed the orders of this court Ms Pris, you have 5 days to turn over the items set forth in the judgement or a bench warrant will be issued for your arrest".
 

cyjeff

Senior Member
Ok, so if I refuse to pay alimony (a civil judgement) I won't ever have to worry about going to jail?
Alimony, yes.

Child support, no. Child support is a civil action supported by law.

Having said that, judges have great latitude in what they can or cannot do when that judge believes that his/her instructions are not being followed.

If I can go to jail for the night for swearing in a courtroom, I don't see why I couldn't spend the night in jail for not paying a debt I was court ordered to do.
 

LdiJ

Senior Member
Alimony, yes.

Child support, no. Child support is a civil action supported by law.

Having said that, judges have great latitude in what they can or cannot do when that judge believes that his/her instructions are not being followed.

If I can go to jail for the night for swearing in a courtroom, I don't see why I couldn't spend the night in jail for not paying a debt I was court ordered to do.
I think I disagree. Alimony is "support" and is treated differently than debt.

The US constitution specifically outlaws "debtors prison" therefore a judge would be really pushing the envelope to send someone to jail for not paying a debt, as punishment for contempt. Even the IRS doesn't have that kind of power unless someone has committed an actual crime. Non-payment is not a criminal act where taxes are concerned. Other remedies are available.
 

cyjeff

Senior Member
I think I disagree. Alimony is "support" and is treated differently than debt.
Not in relation to law.

Child support is a world unto itself and you can, in fact, be jailed in some states for non payment. No one, to my knowledge, has ever been jailed for failure to make an alimony payment.

If I am incorrect, please enlighten me.

The US constitution specifically outlaws "debtors prison" therefore a judge would be really pushing the envelope to send someone to jail for not paying a debt, as punishment for contempt.
I am reviewing my dog eared copy of the Constitution right now. I do not see any specific call out to debtor's prison. Please give me the section of the Constitution that specifically outlaws "debtor's prison".

Thanks.

Even the IRS doesn't have that kind of power unless someone has committed an actual crime.
Are you saying that no one has ever been imprisoned for not paying an owed debt to the IRS?

You do remember Al Capone, right?

Non-payment is not a criminal act where taxes are concerned. Other remedies are available.
Really? You are saying that non payment of taxes is not a criminal act?

You want to rethink that statement?


As to the actual question, again, a judge has great latitude in what does and doesn't rise to the level of contempt.

A judge cannot imprison someone for a debt outside of specific circumstances (like tax evasion), but a judge can imprison someone for contempt of a court order that includes the payment of a debt. Heck, if restitution is part of probation, the failure to pay that debt could land the probationer in prison for the crime committed... not the debt, but failure to satisfy probation.

I really believe you are over your skis on this one. Rethink your position and state the correct answers, please.
 

cyjeff

Senior Member
"I find that you flouted and willfully disobeyed the orders of this court Ms Pris, you have 5 days to turn over the items set forth in the judgement or a bench warrant will be issued for your arrest".
Okay, that is the difference.

a judge can have someone cool their heels in the gray bar Hilton overnight for contempt, but they cannot turn a civil action into a criminal act that would rise to the level where an arrest warrant was issued.

You cannot turn a civil action into a criminal action. It doesn't work that way.
 

CourtClerk

Senior Member
I agree, the credit card company can't send you to jail. They would first need to get a court order and then the judge would subsequently need to find you in violation of that order and in contempt.

My question boils down to this, can someone be sent to jail for contempt of court?
Generally not in a civil case.
 

LdiJ

Senior Member
Not in relation to law.

Child support is a world unto itself and you can, in fact, be jailed in some states for non payment. No one, to my knowledge, has ever been jailed for failure to make an alimony payment.

If I am incorrect, please enlighten me.
It is a criminal act in most states not to support a dependent. There have been well publicized cases of people jailed for non-payment of alimony. I believe that Bali posted one of them here years ago.

I am reviewing my dog eared copy of the Constitution right now. I do not see any specific call out to debtor's prison. Please give me the section of the Constitution that specifically outlaws "debtor's prison".

Thanks.
I would have to look for it, however, its well established law that there are no debtors prisons in the US.


Are you saying that no one has ever been imprisoned for not paying an owed debt to the IRS?

You do remember Al Capone, right?
Yep, that is what I am saying. AL Capone was jailed for tax fraud (not including significant quantities of income on his tax returns) not for non-payment. I cannot guarantee that never has there been a single person jailed for non-payment, but I am not familiar with any cases. Jailing people has always been for major tax fraud.

Really? You are saying that non payment of taxes is not a criminal act?

You want to rethink that statement?
I don't need to, see above and your own statement below

As to the actual question, again, a judge has great latitude in what does and doesn't rise to the level of contempt.

A judge cannot imprison someone for a debt outside of specific circumstances (like tax evasion), but a judge can imprison someone for contempt of a court order that includes the payment of a debt. Heck, if restitution is part of probation, the failure to pay that debt could land the probationer in prison for the crime committed... not the debt, but failure to satisfy probation.

I really believe you are over your skis on this one. Rethink your position and state the correct answers, please.
I think that you made my point for me in the above paragraph. Someone doesn't get jailed for non-payment of taxes, they get jailed for tax evasion or tax fraud. Someone does not get jailed for non-payment of a debt, they get jailed for a probation violation if paying the debt is part of probation. Someone can be jailed for the non-support of someone that the state considers to be a dependent for the purposes of support. Someone cannot be jailed for not making good on a bad check, they can be jailed for the underlying crime of passing a bad check. If someone produces a fake credit card they don't go to jail for the debt, they go to jail for producing a fake credit card...etc.

In each of those circumstances there is an underlying crime that was committed for which they can be jailed. They cannot be sentenced to jail for the debt itself, but for the crime they committed that caused the debt.
 

BL

Senior Member
"I find that you flouted and willfully disobeyed the orders of this court Ms Pris, you have 5 days to turn over the items set forth in the judgement or a bench warrant will be issued for your arrest".
My guess , it's a statement to get the person's attention to pay you quickly.
 

cyjeff

Senior Member
It is a criminal act in most states not to support a dependent. There have been well publicized cases of people jailed for non-payment of alimony. I believe that Bali posted one of them here years ago.
Name a single state statute, as you say, that makes the non payment of alimony a criminal act.

Thanks.

People have been jailed for failing to pay alimony, but it was related to a contempt of court finding. It is not, repeat not, a criminal act.

I would have to look for it, however, its well established law that there are no debtors prisons in the US.
That is not what you said. You said that the Constitution specifically called out that there were no debtor's prisons.

Therefore, it would be a Constitutional right to not pay your private debts. I am curious as to the part of the Constitution that has ANYTHING to say about debts from one private (non government) party to another private party.

You said it, now back it up. If you can't tell, I have HAD it with people that throw out global statements that have nothing to do what so ever with fact and then demand that I do their research for them if I want to argue.

You can admit you were wrong or state the Article and/or Amendment that concerns itself with debtor's prison.

Yep, that is what I am saying. AL Capone was jailed for tax fraud (not including significant quantities of income on his tax returns) not for non-payment. I cannot guarantee that never has there been a single person jailed for non-payment, but I am not familiar with any cases. Jailing people has always been for major tax fraud.
Ah, so we are going to play semantic games.

What, exactly, do you think tax fraud or tax evasion is? Failure to pay the appropriate amount of taxes by hiding income from the IRS.

What is the difference between not paying the correct amount and non-payment of taxes?

By the way, according to the US Code....

TITLE 26 > Subtitle F > CHAPTER 75 > Subchapter A > PART I > § 7201
Prev | Next
§ 7201. ATTEMPT TO EVADE OR DEFEAT TAX

Any person who willfully attempts in any manner to evade or defeat any tax imposed by this title or the payment thereof shall, in addition to other penalties provided by law, be guilty of a felony and, upon conviction thereof, shall be fined not more than $100,000 ($500,000 in the case of a corporation), or imprisoned not more than 5 years, or both, together with the costs of prosecution.​
Seems to state that jail is certainly on the table for the willful act of evading tax. to me. What do you see?

I don't need to, see above and your own statement below
You absolutely need to because I am not going to let you get away with saying "I made an incorrect point above and, therefore, you have to accept it as correct going forward."

I think that you made my point for me in the above paragraph. Someone doesn't get jailed for non-payment of taxes, they get jailed for tax evasion or tax fraud. Someone does not get jailed for non-payment of a debt, they get jailed for a probation violation if paying the debt is part of probation. Someone can be jailed for the non-support of someone that the state considers to be a dependent for the purposes of support. Someone cannot be jailed for not making good on a bad check, they can be jailed for the underlying crime of passing a bad check. If someone produces a fake credit card they don't go to jail for the debt, they go to jail for producing a fake credit card...etc.
Okay, you are one of those people that will never admit to being wrong. I get that.

You are going to say over and over that tax evasion and non-payment of taxes are, somehow, different. All the other points I made.

So, other than comic relief and forcing me to go through US Tax Law on Christmas Eve, what are your statements contributing to the conversation?

By the way, if probation included restitution of the amount of the bad check, a person can absolutely be jailed for failure to make that restitution. To your point, it would be for the original crime, but it comes down to "pay the debt you owe or go to jail and don't pay the debt you owe."

Sounds like we are skating pretty close to that Constitutional protection you mentioned.

In each of those circumstances there is an underlying crime that was committed for which they can be jailed. They cannot be sentenced to jail for the debt itself, but for the crime they committed that caused the debt.
Like, say, tax evasion.

Anyway, you have pulled us away from the OP's question... can a judge put a person in contempt in jail? The answer is yes. Can a judge make the failure to cure a civil debt a criminal act? No. Can a person be imprisoned for failure to pay their taxes? Yes.
 

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