and the court orders you to pay a certain amount every month until it's paid off, and for what ever reason, you quit paying, what happens? Do they put a warrant out for your arrest, or do they just make you go back to court, or what? I have a relative that this is happening to and he doesn't seem to think it's a big deal. He's had some financial struggles which is why he isn't paying, but he won't notify the court or anything and I'm very concerned because I don't want to see him end up in jail.
2007-02-12 02:05:39 · 11 answers · asked by chickmomma5 4 in Politics & Government ➔ Law & Ethics
He could be held in contempt of court and thrown in jail until he pays or the landlord could try for a court order garnishing his wages
2007-02-12 02:09:14 · answer #1 · answered by BigD 6 · 2⤊ 0⤋
He could be tried criminally for contempt of court (and there will be the expense of an attorney which, I assume, he has thus far avoided).
Secondly, the plantiff can ask for a summary judgement for the additional costs, including attorney fees and, possibly, treble damages (3 times the amount he owes + costs).
He can also have a garnishment (a wage attachment) by the court until all costs are recovered. If his rented property was owned by a property management conglomerate, the impact on his credit report may be significant. This lowed credit score will cost him much more than he thinks in areas such as his premiums for car insurance, interest rates on loans and even his credit card companies can raise his card rates to their highest risk levels (maybe more than 23% from his current rate).
IT IS a big deal. He had better consult with a good, local practicing attorney before he makes a seriously foolish mistake.
2007-02-12 10:18:12 · answer #2 · answered by merlins_new_apprentice 3 · 1⤊ 0⤋
If he has been ordered by the Court to pay a certain Amount every month until the debt is paid off, he better be paying it! Since you say he is not, his LandLord can take him back to court and the Court can garnish his wages, meaning they will automatically take this amount out of his paycheck to pay the LandLord until the debt is paid off. As long as your relative does not take his responsibilities seriously he is gonna continue to struggle with Finances and Life..
2007-02-12 10:14:22 · answer #3 · answered by donna_honeycutt47 6 · 1⤊ 0⤋
Depends on the state. A warrant is possible but more likely if it's not paid the courts will order it his wages to be garnished. Additional fines would be added on top of those already pending. They will get it one way or another.
2007-02-12 10:15:46 · answer #4 · answered by tempslip3 7 · 0⤊ 0⤋
It really depends on the court system, the judge, and many other factors. They can arrest him and hold him until a hearing. Depending on his criminal background, if any, and what kind of mood the judge is in, they will most likely put him on supervised probation until the money is paid and if he continues to not pay they can arrest him and possibly make him serve time for probation violation.
2007-02-12 10:11:40 · answer #5 · answered by tm 3 · 0⤊ 0⤋
no worries...if you lose in small claim court a judge issues a judgment...it is the responsibility of the landlord to collect..the court doesn't order you to pay in a civil matter. if you do not have the money to pay no judge will order you to . the landlord can go to court and have you list your assets and do more things in court OR he can avoid all that and just simply seize your assets. he can have your bank freeze your account with one simple form.....you have 30 days to prove to the bank the money is for necessities....then the landlord gets the cash...
2007-02-12 11:44:06 · answer #6 · answered by Anonymous · 0⤊ 0⤋
He could be arrested for contempt of court and jailed...his wages could be garnished (most likely). What he has done is called "theft of services"...he owes the money - he needs to pay it. The landlord/owner doesn't owe him a free place to stay...pay the man.
2007-02-12 14:07:21 · answer #7 · answered by Anonymous · 0⤊ 0⤋
The court will likely send out bailiffs to visit the debtor and attempt to furnish another payment aggreement then if the debtor welches on this court order then an attachment of earnings will be issued!
2007-02-12 10:16:01 · answer #8 · answered by slowpokesrool 3 · 0⤊ 1⤋
He could end up back in court but it is doubtfull-most landlords eat the cost of delinquent renters as they seldom pay up. It will show on his credit report forever until he pays it though.
2007-02-12 10:10:31 · answer #9 · answered by elaeblue 7 · 1⤊ 0⤋
Contempt of court and jailed.Probably released on bond..,he should have let the courts know of his financial problems,it would have saved him alot of headaches.
2007-02-12 10:11:36 · answer #10 · answered by jnwmom 4 · 0⤊ 0⤋