Execution - Body Executions

Execution against a person is by writ of capias ad satisfaciendum (Latin for "to take the body to court to pay the debt"). Under this writ, the sheriff arrests and imprisons the defendant until the defendant satisfies the judgment or is discharged from doing so. Such an execution is not intended as punishment for failure to pay the judgment. It is permitted for the purpose of compelling the debtor to reveal property fraudulently withheld from his or her creditor and from which the judgment can be satisfied.

In most jurisdictions, defendants in lawsuits based on contracts are not subject to body executions unless they have committed FRAUD. Under the statutes in some jurisdictions, imprisonment for debt has been abolished entirely.

Statutes providing for the issuance of body executions to enforce judgments handed down in civil suits ordinarily do not conflict with provisions against imprisonment for debt. Among the civil, or TORT, actions in which the writ is generally allowed are those involving fraud or deceit, and those for neglect or misconduct in office or professional employment. A body execution is also generally proper in actions to recover for injuries to person or reputation, including LIBEL AND SLANDER, and in actions to recover for MALICIOUS PROSECUTION.