Petition for Civil Contempt of Court

You know it is coming, or at least you should. You were involved in a lawsuit but thankfully, you reached a signed settlement agreement that dictated what each party would do to resolve the litigation permanently. But…. time passed and you didn’t do some or any of the things you agreed to do. Why? That’s not the point now. What matters is you have been served with a Petition for Civil Contempt of Court and it is time to deal with the repercussions of your delay. civil contempt of court

What do you do now? Do what you agreed to do in the settlement agreement – and do it quickly! Sheer refusal or lame excuses will not go well with the court. Assuming you knew you had a duty to perform (you did sign the agreement) and you have the current ability to perform the task, your refusal or failure to perform under the settlement agreement can carry civil or criminal penalties. Yes. You. Jail. Not only could you get a dressing down by the Judge, you may also get a few days behind bars to think it over and “purge yourself of contempt”. In other words, you may not get out of jail until you perform under the settlement agreement. In fact, we are familiar with one local case where a former spouse failed to pay alimony under a Marital Dissolution Agreement (the settlement agreement) and was “housed” by the court for over two months until he made a substantial down payment on the overdue alimony.

If you have legitimate reasons for failing to perform – you can’t sell the house because it was destroyed by a tornado or you can’t deliver 10,000 widgets as agreed because a widget blight destroyed the entire international widget crop – then you have some room to work with here. Your attorney can confer with opposing counsel to determine if substitute action will suffice or perhaps all parties could modify the settlement agreement to reflect the substantial change of circumstances.

So, either way, it is time to act.  Doing so will save you time, expense and anxiety over the case.  Do what you need to do, get it behind you and move on with life.

Peace of mind is priceless.


Leave a Comment

Filed under Litigation

Leave a Reply