Legal Question in Credit and Debt Law in Maryland
My business closed in 2007. Still working on Bankruptcy filing, almost complete. Things happened in recent years that got in the way of completing that. One of the companies I owe money too took me to court in 2010 while I was out of the Country. Judge ruled in their favor which is expected but also issued a body attachment against me. I got back in the Country found out about all of this and filed motion for new trial date and a motion to release me of the Body attachment considering this was civil and not criminal. Judge denied both motions. Got in touch of other lawyer who requested the body attachment in the first place and offered to make monthly payments to pay off debt. I submitted a 2 year plan. He rejected the offer and said I have to pay in full(not possible), otherwise body attachment will stay since judgment is already rendered. However he has the power to submit to the court that settlement has been reached and request for the body attachment to be released. He is refusing to do so. I can't believe that over a civil case, I will go to jail even when I'm offering to pay it back outside of the bankruptcy. What do I do?
2 Answers from Attorneys
You are strongly encouraged to set up a consultation with an attorney in your area as soon as possible who can review the underlying court documents and advise on the pending action. It is not clear from your post whether you were served in the underlying proceeding or not since you mention being out of the country.
Generally a body attachment can only be requested/issued after a defendant has refused to obey a court order of some sort (perhaps a subpoena). Not paying a judgment does not in and of itself subject one to jail. However once the court has issued an order for body attachment one should seek legal advice as soon as possible.
Maryland law allows a judgment debtor to claim certain exemptions from judgment collection. You may wish to review the specifics of the judgment against you with an attorney and get some advice on how to assert those exemptions as well.
This online post offers general legal information and is not a substitute for specific legal advice on your situation.
A body attachment is not for non-payment, it is for failing to appear for questioning about your assets and income. You should see a bankruptcy lawyer promptly. While a bankruptcy does not necessarily avoid contempt sanctions for failure to appear if the state court judge has initiated such proceedings, the creditor must cease any collection activity which normally results in the dismissal of any body attachment.
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