Most people may not realize that ignoring a court order can lead to major problems and carry very serious consequences. If you are a debtor (Judgment Debtor, JD) who fails to comply with a court order, this is not something to be taken lightly. The creditor (Judgment Creditor, JC) may bring the matter to the level of Contempt of Court. But what actually happens if you fail to comply with a court order? Let’s take a closer look.
What Is Contempt of Court?
Contempt of Court occurs when someone deliberately disobeys or fails to comply with a court order. It’s not just about failing to pay a debt—it involves willfully ignoring a valid court ruling. This action can apply to individuals, companies, or businesses.
What Are the Consequences of Disobeying a Court Order?
If you fail to comply with a court order, the court may impose a prison sentence as a way to compel you to comply. Not only that, the court may also impose other serious penalties. This could damage your financial and legal record.
How Does This Process Work?
The process for initiating a Contempt of Court action has two main stages:
- Application: The creditor (JC) must apply to the court for permission to begin the process. They need to show that a court order has been issued and that the deadline for compliance has passed.
- Proof: The creditor must provide strong evidence showing that the debtor intentionally failed to comply with the order.
If the court finds that you have disobeyed its order, the most severe penalty is imprisonment. You could be jailed for up to 6 weeks or more, depending on the case. In fact, the creditor may even be required to pay for your daily expenses while you are in prison. This is to ensure that your basic needs are met during detention.
Although Contempt of Court actions can be effective in forcing debtors to pay their debts, they also involve a complex process and require strong evidence. The court will be very careful before sentencing anyone to prison and will consider all aspects of the case before making a decision.
Typically, this process takes about 3 to 4 months if there are no objections. However, if the case is contested, it can take 6 to 8 months or longer due to the need for more hearings and evidence review.
So, ignoring a court order is not something to be taken lightly. If you’re a debtor, make sure you comply with all court orders to avoid Contempt of Court actions that could ruin your life, including imprisonment and other penalties. If you’re a creditor, make sure you have enough evidence before initiating this action. Remember, refusal to obey a court order can lead to very serious consequences.