Congress abolished debtor’s prisons in 1833. Therefore, you can not be sent to prison for failure to pay a debt? Not exactly.
Although a judge can not incarcerate you for failure to satisfy a judgment, you can be jailed for the failure to comply with court orders. One example is the failure to obey a court order to attend a deposition in aid of execution. In that event the judge can direct the court clerk to issue a writ of bodily attachment, which the sheriff’s office will enforce by taking you to jail. The failure to attend an in court debtor examination, and disclose your income and assets, can also lead to incarceration.
It is not uncommon to see incarceration used as a remedy in divorce cases. When a spouse that is ordered to pay alimony or child support does not pay (but has the ability to pay), that spouse can be jailed until the payments are made.
The Law Offices Of Todd S. Frankenthal handles collection defense and bankruptcy cases in many counties in Florida, including Broward County, Miami-Dade County, Palm Beach County, Lee County, and Martin County. We have offices in Fort Lauderdale, Boca Raton, and West Palm Beach. We encourage you to call Todd S. Frankenthal for a complimentary telephone consultation.
