Can you be arrested for not paying a civil court small claims judgement?
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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 11 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.
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