Can a person be jailed for not paying a small claims judgement?

[julesd]

I have a court date coming up within the next few months. A debt collection agency is taking me to court for a past debt that I could no longer pay on when I lost my job. Now here's my question, will they still make a judgement in favor of the plaintiff if I have no job & no assets? (i.e. i don't own a home, i don't have a car or a job,)i was reading up about something called "judgement proof" but what qualifies a person as "judgement proof"? And say they do make a judgement and I can't pay it, can they arrest me? I also read stories of police coming to the defendant's house and taking things like TVs to sell. I live in the state of Massachusetts. I don't know much about the law on this as i've never been in any kind of court case. Thanks for your help!

[AFFA]

If a judgment is granted then your assets can be sold. As regards jail it cannot be awarded to you because jail sentence is not awarded in a civil case. A jail sentence is awarded only in a criminal case.

AFF

[Friend In Court]

No, debtors prisons were abolished when our forefathers founded this country.

"Judgment proof" means one does not have anything to collect on. The laws of each state provide for exemptions from garnishment or attachment; homestead exemption, so much of one's salary, personal effects, tools of the trade, etc. Coming to take a TV is HIGHLY unusual, by the way.

After a judgment is entered, one is called in for questioning under oath or sent a form to complete listing their income and assets. On the form should also be the categories and/or list of exemptions available under Massachusetts law that are exempt from attachment or garnishment. You can find these online also.

From what you state in your post, without job, real estate or bank account, you are probably "judgment proof." That means even if they get a judgment, they will have nothing to collect against.

[julesd]

Thanks for the advice, though I am still nervous because on the back of the papers (the court papers I was served) it says a person could be brought back to the court if they don't pay and would have to explain why they shouldn't be punished. Although online, I am reading that you can't be put in jail for not paying a small claims judgement. Does anyone know if this is true for Massachusetts?

[Friend In Court]

The exact language on the back of that summons would be interesting for you to post. Summonses contain language to the effect that if one fails to appear, fails to answer within the statutory time, 20 days, for example, then the plaintiff may be granted what they ask for in the complaint.

Never have I ever seen the word "punishment" on a summons. It raises the question in my mind whether this was something added by the plaintiff debt collector. I'm not implying a debt collection lawyer would alter a summons to intimidate a person, but then we have the Fair Debt Collection Practices Act because so many debt collection agencies are unscrupulous.

Please post the exact language on the back of that summons for everyone's edification.

And, once again, debtor's prisons were abolished in the Thirteen Colonies and therefore the entire United States. To try to imprison one for inability to pay a debt would also be 'cruel and unusual punishment' per our Constitution.

[Friend In Court]

Every state has a legal form of summons which must be substantially the same and contain mandatory elements. Usually these are promulgated and approved by their State Supreme Court.

If a summons deviates substantially from proper approved form, one may move to have it stricken and the plaintiff would have to refile.

The threat of 'punishment' or jail for failure to appear or pay on a civil matter is disturbing. Not only may the summons be invalid (void) and therefore anything that could result from it, void, but to threaten something that cannot be done under law may be a violation of the Fair Debt Collection Practices Act and also the attorney who drew it liable for discipline by his state Bar.

For certain violations of the Fair Debt Collection Practices Act, one may be entitled to monetary damages like $1,000 per violation.

The exact language on the back of that summons would be most interesting. The poster can obtain a blank summons from the same small claims court and examine it for deviation.

More likely, the wording states the defendant can be summoned on an Order to Show Cause.

Likely, the OP is exaggerating with the word "punished".

[Friend In Court]

The poster is invited to post the exact wording. Also, it is rare to have language on both sides of a summons and complaint.

I do not put anything past some debt collection lawyers.

Rather than suppose or guess, it is necessary to be precise when the issue is the law and woarding of documents.
.

[arianeB]

Yes, that is possible when you haven't paid if for a long time and no promissory note given.

[sandyclaus]

Originally Posted by arianeB Yes, that is possible when you haven't paid if for a long time and no promissory note given.

The CORRECT answer is NO. One CANNOT be jailed simply for not paying a Small Claims judgment. Sheesh. If you can't provide an accurate answer, please do not answer at all.