Can You Go to Jail From a Civil Lawsuit?

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People involved in civil cases might wonder if they can go to jail from a civil lawsuit. A civil case generally revolves around a conflict over money.

If a Bank Customer Defaults on a Bank Loan, Can the Local Authorities Place the Customer in Jail for the Default?

A customer will not be thrown in jail for defaulting on a loan. However, if the customer disobeys a court order or does not appear at a civil proceeding as ordered, the customer may be sentenced to jail time for contempt of court.

What Is the Difference Between a Criminal Case and a Civil Case?

A criminal case involves charging a person who has allegedly broken public codes of behavior. Criminal cases are prosecuted by the government, which represents the state, to hold a person accountable for violating laws of the state. Someone convicted of a crime may spend time in jail or a state or federal prison.

A civil case is generally a conflict about money between people or businesses. A civil case consists of a plaintiff, who is the person or business alleging that harm has been incurred by the actions of the defendant, who is another person, business or organization. To start a civil case, the plaintiff files a complaint against the defendant.

The plaintiff may request damages, which is a term used for monetary compensation due to the harm allegedly caused by the defendant. The plaintiff may request an injunction, which is an order by the court for the defendant to stop doing the action that caused the plaintiff’s harm. Finally, the plaintiff may ask the court to define the rights of each party under a contract or statute. This request and the court’s follow through is known as a declaratory judgment.

Under What Circumstances Could a Debtor Possibly Go to Jail from a Civil Lawsuit?

In the United States, debtors’ prisons were banned by federal law in 1833. In the 1700s, debtors’ prisons were used to incarcerate people who were unable to pay their debts. The debtors had to work off their debt through labor or they had to secure money from someone on the outside of prison to pay off the debt before they would be released.

In today’s world, the Fair Debt Collection Practices Act (FDCPA) bans debt collectors from even threatening a person with jail time over an unpaid debt. However, a handful of states allow a loophole for debt collectors.

In certain states, a debtor who fails to obey a court order to make an assigned payment or to appear at a hearing can deemed to be in civil contempt of court. As a result, a court may issue a warrant for the arrest of the debtor who has not followed court orders.

Upon arrest, the debtor sits in jail until posting the bond, which often is set at the exact amount of money as the judgment the creditor has against the debtor. Even though the debtor does not technically go to jail from a civil lawsuit, the debtor still serves jail time until the loan is paid.

Can a Person be Sentenced to Jail Time for Failing to Pay Child Support?

Yes, a person may be ordered to serve time in jail for failing to pay child support. The legal reason the person is sentenced to jail is for being held in contempt of court because the obligation to pay child support originates with a court order. Any time a person fails to obey a court order, the offender may be held in jail in contempt of court.

What Types of Cases Are Considered Civil Cases?

A civil case may include issues between a landlord and tenant, claims involving a breach of contract, equitable claims, labor disputes or tort claims.

What’s an Example of a Civil Issue Between a Landlord and Tenant?

Sometimes problems between a landlord and tenant will escalate to the point that the landlord feels he must evict a tenant from the property he’s renting. In other cases, a tenant may feel he has taken great care of the rental property, but the landlord disagrees and keeps a security deposit, anyway. In that case, the tenant might file a civil claim against the landlord to obtain the security deposit back.

What Does It Mean to Breach a Contract?

Breach of contract means a person or business has not fulfilled his side of the terms of a contract without providing a legal, legitimate reason. Examples include a pool company that leaves a pool half-finished or an employer who fails to pay an employee in full for a completed job.

What Is an Equitable Claim?

An equitable claim is made when a plaintiff asks the court to file an injunction to stop a person or business from doing a specific act. An equitable claim ensures future harmful actions will not occur as opposed to providing compensation for previous injuries.

For example, say the Meadowfield City Council approves rezoning an area so that a drug rehabilitation facility can be built on a street that happens to be used by many children on their route to school. Parents may file a lawsuit against the city council, which may be served with an injunction to stop the rezoning law either temporarily or permanently.

According to FindLaw, a website by Thomson Reuters, some types of lawsuits, such as a wage and hour claim, may be hybrid cases that consist of both legal and equitable claims.

What Is a Tort Claim?

A tort claim means someone has committed a wrongful act that hurts another person, another person’s reputation or their property. Examples of a tort claim include personal injury, negligence, defamation, fraud, sexual abuse and medical malpractice, to name a few.

Can a Person Spend Time in Jail for Failing to Pay Taxes?

The Internal Revenue Service (IRS) will not put a person in jail for failing to pay taxes if the citizen has filed a tax return. People who commit tax evasion, which means they have tried to avoid paying taxes by filing a fraudulent return or by committing similar scurrilous maneuvers, could be sentenced to prison for several years.