Small Claims Contempt of Court?

Question

A co-worker of mine is the defendant in a small claims court case in Florida. She lost the case and was ordered to fill out an information sheet where she has to disclose all her personal info to the plaintiff. She did as instructed and received a "Order to Show Cause." The plaintiff is stating that she did not provide him with all the information. The Order to Show Cause order said that she needed to be at the hearing to show cause why she did not comply with the order. My friend is terrified that they are going to find her in contempt and put her in jail. She has never been in trouble in her life. She was told by different people that she could be held in contempt. She came to me for advice and I googled like crazy but nothing I could understand. Does anyone know what is the liklihood of her being found in contempt and jailed for a small claims case? I did look over the copy of the papers she sent to the plaintiff and they seemed complete to me..Any Advice?

Answer 1

The whole purpose of small claims court is to provide an organized process for people to resolve their day-to-day disputes. Small claims court is reserved for disputes involving small sums of money. Rules of procedure are relaxed, and many parties represent themselves "pro se", without the assistance of an attorney.

In other words - it's not the "big show", things aren't taken anywhere near as seriously, and no one gets locked up in jail for years because they won't play by the rules.

If you do not meet the deadlines established, either by rule, or by the judge in a particular case, the judge MAY decide to issue a default judgment, ruling that one side did not even attempt to argue its case.

The issue here (and pretty much always in small claims cases) is that the judge has issued a decision that will require the defendant to pay the complaintant money. The judge may be trying to determine what the defendant has the ability to pay, or more likely, the judge may be trying to determine what assets the defendant has, just in case the defendant does not willingly pay the judgment.

When a losing party refuses to pay the victor money, the court may issue an instruction that the local police seize property to satisfy the judgment. By identifying assets in advance, the judge may just be trying to simplify the process of collecting the debt later.

Given the more lax atmosphere of small claims court proceedings, paperwork has been known to go astray. If your friend has completed the paperwork in a timely manner, the only thing that she needs to do is to appear before the judge at the show cause hearing, bringing along copies of whatever materials she filed with the court, and the court will take the documents as evidence that the information was properly filed.

Even if she "forgot" or was hoping not to have to actually do it (by ignoring it), chances are that the judge will give her "another chance" before "punishing" her in any way.

What should she do? Go to the hearing. Bring along her paperwork that she supposedly filed. Show it to the judge. Answer any questions that the judge has.

Stop worrying.

Answer 2

An Order to Show cause is usually a generic way of enforcing a ruling. It sounds to me like the plaintiff believes she is hiding assets or something and isn't disclosing information. Now if she does not show up for this hearing she very well may be held in contempt. Her chances are highly unlikely that she would be held in contempt.

Answer 3

If she didn't show up for the hearing she may well be in contempt.

But tell your friend not to really sweat it. If she convinces the judge it was a simple over sight since she didn't seem to have legal counsel to advise her, I"m sure the judge will cut her slack and just ask that she show up when called.

Contempt isn't that big of a charge and they won't put her in jail for very long even if she is found guilty.

But, even in florida, I would think the judge would have to see some malace on your friends part before wasting the people's money incarcerating her for a simple mistake in a civil trial.

Answer 4

It most states, it would be HIGHLY unusual for your friend to actually be held in contempt. And if your friend was actually facing jail time, she would have the same rights as criminal defendant (i.e. Miranda rights).

The one the elements of contempt is usually willful disobedience of a lawful order. If your friend shows up and answers the questions and obeys the court's instructions, it would be highly unlikely that she would be held in contempt.

These are only my very general comments based on 12 years as an attorney in California. Law vary by state, so your friends should consult a local attorney ASAP.

Answer 5

She cannot be held in contempt of court unless their is conclusive evidence that she has deliberately left out information. Unless the plaintiff can prove that, there is no case for contempt.

Answer 6

I don't think they would find her in contempt if she is genuinely trying to cooperate and provide all of the information. She may just need some guidance from the Judge or a lawyer as to how to go about being in compliance.

Answer 7

There is no jail time associated with a small claims court case. Have you ever known "Judge Judy" to give anything other than a dollar amount as a judgment?

Answer 8

Unfortunately she could go to jail for contempt of court. This has been done in Michigan where the party was requested to provide information regarding assets, appeared before a visiting judge who asked that specific documents be brought in the following week. When the defendant reappeared the following week, the elected judge was on the bench, did not bother to acquaint himself with the order requested by the visiting judge and when the defendant mentioned the request and showed the paperwork, was told to be quiet or would be ordered into contempt. Judge asked defendant a question regarding additional paperwork, defendant stated it could be provided and judge put defendant in contempt and sent to jail without explanation etc.

Answer 9

No, yet you will acquire a judgement on your choose; as long as a results of fact the choose sees which you superb served the different occasion (in maximum states). Many situations have a occasion not tutor as a results of fact they weren't superb served, so if the choose unearths that they have been served superb, you will win the judgement.

Answer 10

Try a legal Aid lawyer.