Legal Question in Credit and Debt Law in New York

Can you go to jail for not being able to pay full judgement all at once?

Hi ! I'm divorced and my ex-husband sued me for attorney fees and was awarded them in the amount of $3,700.00 . My lawyer made an offer of $1,700.00 at a time when I had the money and his lawyer said ''no'' .I am disabled awaiting for my Social Security I have nothing but am willing to pay $50.00 a month when I get my Social Security and now I have to go to court and my lawyer said that my exhusband is insisting on the payment of $1700.00 right there or he wants me in jail. My lawyer also told me that my ex makes the decision of whether $50.00 a month is ok and not the Judge. Is this true does my ex make the decision of cause he wants me in jail. He make's $200,000.00 a year and i'm disabled living at home with my Mother.


Asked on 3/15/05, 10:25 pm

2 Answers from Attorneys
Guy Lewit Guy Mitchell Lewit, Esq.

Re: Can you go to jail for not being able to pay full judgement all at once?

First: DON'T WORRY...Although the judge does not have the power to determine what you pay...he only determines if it is owed, there is NO CHANCE that you would go to jail since NO ONE GOES TO JAIL FOR OWING MONEY. That practice was discontinued DECADES AGO!!! ALl the judge will do is try to resolve the matter amicably. If you have no assets that can be seized (like in a bank account) you have NOTHING to worry about. They cannot get $$ from you if you only have Social Security. Social security is NOT SEIZABLE BY YOUR HUSBAND. You could also file for bankruptcy and owe NOTHING to anyone.

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Answered on 3/16/05, 12:54 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Can you go to jail for not being able to pay full judgement all at once?

The previous answer is very good. He is right; there is little to worry about since your disability is exempt from garnishment.

While the judge can put you in jail for 'contempt of court', if you are on disability the chances of that are non-existant. The judge will be forced to find a new job if he/she makes such a crazy ruling.

The only addition I would make to the previous answer is that Bankruptcy may not be helpful in discharging this debt. As a judicial fine it may not be dischargeable under Title 11 bankruptcy proceedings.

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Answered on 3/16/05, 1:24 pm


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