Legal Question in Constitutional Law in Kentucky

Is it possible to be ordered to serve jail time for not paying a civil money judgement?

If it is possible, can anyone tell me the circumstances where someone who has never been accused or convicted of a criminal act can face incarceration for not paying a civil judgement?

If a person was incarcerated for not paying a civil judgement, would they be entitled to a court appointed attorney if they could not afford one?

If the person who was the defendant in the civil lawsuit demanded a jury trial, can the plaintiff ask the judge to ignore the rights afforded by the 7th Amendment of the Constitution and issue a summary judgement without the defendant being able to challenge and confront witnesses and documents?

The Seventh Amendment to the U.S. Constitution reads:

In suits at Common Law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.

Do we still follow the Constitution in the United States?

If not, when was it suspended?

Are there debtors prisons in the USA?

When answering please exclude child support and tax issues.


Asked on 3/09/14, 8:32 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

We don't have debtor's prisons in this country. And being unable to pay a debt -- even a civil judgment -- is not a crime.

But refusing to pay a judgment or sanction despite being able to pay it can sometimes be contempt of court. Contempt can lead to jail time under some circumstances. Different states likely have different rules about eligibility for appointed counsel in a contempt proceeding.

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Answered on 3/09/14, 4:07 pm


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