1
Q
What are ways of enforcing an judgment?
A
- if the judgment is for money damages, you can enforce it by a lien against defendant’s personal property (aka in rem jx). You cannot get a judgment over the persona (aka in personal jx).
However, for things like child support you can be held in contempt either civilly or criminally. - If out of court settlement, can enforce via BREACH OF K claim.
- If the defendant violated the injunction, he can enforce it (in addition to the remedy available for the underlying COA), by the remedy of CONTEMPT.
1
Q
What is contempt?
A
A WRONG, such as a violation of a court order.
The prima facie case is:
(1) clear, specific court order;
(2) defendant’s knowledge/notice of the order;
(3) violation for noncompliance of the order; and
(4) if the violation was WILLFUL than contempt may be criminal.
2
Q
What are the types of contempt remedies?
A
- CRIMINAL CONTEMPT;
- COMPENSATORY CIVIL CONTEMPT;
- COERCIVE CIVIL CONTEMPT; AND
- SUMMARY CONTEMPT
3
Q
What is the collateral bar rule?
A
It is a rule that BARS the person being held in contempt from arguing that the court order they violated was unconstitutional.
You must argue that the order was unconstitutional (e.g., appeal) BEFORE you violate it.
EXCEPTION – Transparent Invalidity
On appeal, the CoA will assess whether order was transparently invalid OR if defendant took efforts to appeal.
