Can a contractual obligation against a debtor be enforced by a court in a contempt proceeding?

California, United States of America


The following excerpt is from Plumer v. Superior Court In and For Los Angeles County, 328 P.2d 193, 50 Cal.2d 631 (Cal. 1958):

We therefore conclude that under the circumstances before us, none of petitioner's contractual obligations can be enforced by contempt proceedins in view of the constitutional prohibition against imprisonment for debt. Bradley v. Superior Court, supra, 48 Cal.2d 509, 522, 310 P.2d 634. The foregoing conclusion makes it unnecessary to consider the propriety of the court's order reinstating the contempt sentence in the absence of a concurrent finding of petitioner's then ability to comply with the terms of payment.

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