Legal Question in Civil Litigation in Massachusetts
Failing to comply with the Small Claims Court Order
The Small Claims Court found judgment in favor of the plaintiff by default since defendant did not show up. She had to pay the plaintiff for damages. The payment was executed partially (oral agreement between plaintiff and defendant was to execute payment in monthly installments) and due to her absence (traveling oversees) payment was discontinued for several months. The plaintiff informed the court that the defendant failed to comply with the court order and court issued a Notice to Show Cause for a hearing. Can the defendant be found in contempt of court and what punishment can she expect? If found in contempt of court can she be sentenced to prison?
2 Answers from Attorneys
Re: Failing to comply with the Small Claims Court Order
The defendant should get in touch with the plaintiff and make arrangements to pay. I seriously doubt that the judge would give any thought at all to prison unless there is more to the story than was presented here. The defendant should not ignore the matter and should at the very least go to court on the hearing date and explain the situation to the judge.
Re: Failing to comply with the Small Claims Court Order
Yes, the defendant can be found in contempt of court. The most likely punishment that will arise is this: the plaintiff can (paying in advance) get a constable or sheriff to physically arrest the defendant and bring her to the holding cell at the courthouse, call the plaintiff, and have a hearing. It isn't cheap, and it doesn't cause payment to magically happen either, but it sure can ruin a person's day. There are two ways to do this, which a sheriff or constable will explain, one cheaper than the other.
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