Legal Question in Business Law in Missouri

Re: Contempt of court, debtors jail

Generally speaking a person may not be punished for not paying a debt, and may often escape debt by taking bankruptcy. The rules have changed for bankruptcy in the last few years, but if there is an issue of indebtedness and an inability to pay, a seasoned bankruptcy professional is probably the best choice for your friend.

Normally a court will not enforce a money judgment with contempt. Normally it will enforce it through other means. If your friend has the ability to pay, but not the willingness, personal property can be seized.

However, if the Court feels that the judgment debtor has assets that are being hidden, or has not been truthful with the court, contempt is a potential sanction that can be employed to enforce payment. This is very common in the "child support" area where courts routinely order contempt for debtors who do not pay, but who have an ability to pay.

As a general rule, if there is a proved inability to pay (there is no money and no way to get any money) then contempt is not a suitable sanction. Imprisonment punishes the unwillingness, not the inability to pay.

If you friend is truly unable, as opposed to unwilling to pay, he should see an attorney or public defender and file an action for habeas corpus.

Good luck.