They're hiding assets, lying under oath, or ignoring court orders. California law doesn't imprison people for debt - but it absolutely imprisons them for defying court orders. Here's how contempt sanctions can put your judgment debtor behind bars.
Contempt of court is willful disobedience of a court order. Under CCP 1209, contempt can be punished by fines, jail time, or both. In judgment enforcement, contempt is your ultimate weapon against debtors who refuse to comply with court orders.
Contempt is NOT imprisonment for debt - that's unconstitutional. But when a debtor violates a court order (fails to appear, refuses to answer questions, hides assets after being ordered to turn them over, or lies under oath), that's contempt of court and can result in incarceration.
California courts do jail judgment debtors for contempt. I've seen debtors held in custody for days until they comply with court orders. The threat of jail time is often more effective than the jail time itself - most debtors cooperate when they realize the judge will actually lock them up.
Contempt in judgment enforcement is typically civil contempt (also called "coercive contempt"). The purpose is to compel compliance, not punish past behavior:
Civil contempt must include a "purge" condition - something the debtor can do to end the contempt. "Turn over the bank account and you'll be released" is a valid purge condition. If there's no way to comply (the money is gone), civil contempt may not be appropriate.
Gather evidence of the court order violated and the debtor's non-compliance. Get declarations from witnesses.
File motion for Order to Show Cause re: Contempt. Include declaration explaining violation.
Personal service required. Debtor must have notice and opportunity to be heard (due process).
Present evidence at the OSC hearing. Prove the order, service, and willful violation.
If contempt found, court orders sanctions: fines up to $1,000 and/or jail up to 5 days per offense.
Sheriff executes arrest warrant if debtor doesn't surrender. Add your attorney fees to judgment.
If the debtor genuinely cannot comply (they're indigent, the assets are gone, or they never had the money), contempt won't work. The debtor will claim impossibility. Be prepared to prove they have or had the means to comply with the order.
Under CCP 1218, the court can impose significant sanctions for contempt:
You can recover your attorney fees incurred in bringing the contempt motion. Under CCP 1218(a), the court may order the contemnor to pay the prevailing party's attorney fees. These are added to your judgment.
Contempt sanctions are cumulative. If the debtor continues to disobey after the first contempt finding, file for contempt again. Each new violation brings new penalties. Some debtors don't take the threat seriously until they've actually spent a night in jail.
No. The California Constitution prohibits imprisonment for debt, but contempt is punishment for violating a court order, not for owing money. The debtor isn't jailed for the debt itself - they're jailed for disobeying the court's order to appear, answer questions, or turn over assets. Anyone who disobeys a court order faces the same consequences.
Inability to pay is a defense to contempt. But inability to appear at a hearing, answer questions, or produce documents is much harder to claim. Even a broke debtor can show up and answer questions under oath. If they claim inability, you can request a hearing to examine their finances and prove they actually have the means to comply.
For civil contempt (the coercive kind used in collections), no jury trial is required. For criminal contempt where the aggregate punishment could exceed 6 months, the contemnor may be entitled to a jury trial. In collection matters, you're almost always dealing with civil contempt, which is decided by the judge.
Yes, if there was a court order the debtor violated. After a debtor examination, you can ask the court for an order prohibiting the debtor from transferring or hiding assets. Violation of that order is contempt. Lying under oath about assets at the examination can also form the basis for contempt, as well as potential perjury charges.
A bankruptcy filing triggers an automatic stay that halts most collection activity. However, contempt proceedings for violation of court orders may continue in some circumstances, especially if the contempt relates to pre-petition conduct. The bankruptcy court may need to decide whether the proceeding can continue. Consult with a bankruptcy attorney about your specific situation.
For indirect contempt (the most common type), you need to file an OSC motion, serve it, and have a hearing. In most California courts, expect 3-6 weeks from filing to hearing. Direct contempt (happening in the judge's presence) can be punished immediately. The timeline depends on court calendaring and proper service.
I file contempt motions throughout California when judgment debtors hide assets, skip hearings, or lie under oath. When they learn the court will actually jail them, cooperation usually follows.