Legal Question in Civil Rights Law in Kansas

Debtors Prison

In this County, Montgomery County, in Kansas it seems as though the local government has found a way to keep debtors prison alive and well and I can't seem to find out from local lawyers if it's legal or not.

What they do is take you to court for the debt, if you lose and can't pay, you are then force to appear again in court to defend yourself against a contempt of court charge for not paying the debt as the court ordered. Many people are out of work in this community and they are losing everything plus going to jail for contempt of court charges.

Please assist me in any way possible in stopping this injustice with words, sites I can refer to that have outlawed debtors prison, references that will help me defend myself and other if needed when this happens to them. I will admitt that those who have attorneys seem to get away out of it and I need to know how.

Anything you send me will be confidential but will probably be used as a reference for others who find themselves facing this same situation.

Thank you very much.


Asked on 5/29/02, 4:15 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Debtors Prison

Laws defining what is "contempt of court" are quite specific, and do not encompass the failure to pay a civil judgment. Collecting on a judgment is also covered in the laws governing execution, and likewise does not provide for contempt or jail upon failure to pay.

Bringing this practice to the attention of the Supreme Court or the judicial oversight committee of the state bar could have interesting results.

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Answered on 5/30/02, 11:26 am


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