Can there be a body attachment on a small claims case?

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Can there be a body attachment on a small claims case?

I lived in an apartment for less than year and failed to pay rent for about 3 months due to losing both my jobs and my roommate moving out all within 2 weeks. I was evicted and since then have not paid anything towards what I owe my previous landlord. I have been to court and signed something saying I would pay them $25 month. I have not paid anything because I could not afford it. Now they called and said the next step is a body attachment if I don’t pay. Can they do this? I know I owe the money and I was honestly going to pay it I just don’t have it right now. I am also on state assistance.

Asked on November 14, 2011 under Bankruptcy Law, Rhode Island

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

A body attachment is esentially a hearing where the debtor such as yourself shows up in court and gives testimony as to what assets he or she has that could be used to pay off a judgment owing a creditor. In some states it is called a debtor's examination or an order of examination. Such a proceeding is legal.

I would contact the attorney for your former landlord or your former landlord about the situation you are in explaining why you cannot make the agreed upon payments in order to resolve the situation.


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