Can you be arrested for not paying a civil court small claims judgement?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can you be arrested for not paying a civil court small claims judgement?

I have a court date coming up soon against a creditor. I don’t currently have a job and the only money I have is in my savings account. If they do win and get a judgement and I don’t pay, can I be arrested? I don’t have a car, own a home and the only things of value are my savings account and personal belongings.

Asked on June 15, 2012 under Bankruptcy Law, Massachusetts

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You won't be arrested for not paying the judgment.  This is a civil case; not a criminal case. The creditor could go after your savings account to satisfy the judgment.  When you start your next job, the creditor could get a wage garnishment.

If the creditor obtains a judgment, you could file bankruptcy to prevent the creditor from going after your savings account or in the future getting a wage garnishment.  Chapter 7 bankruptcy is straight liquidation which eliminates certain types of debts.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption