Body Attachment and Body Execution: Forgotten But Not Gone
INTRODUCTION
Although the civil processes of body attachment (capias ad respondendur) and body execution (capias ad satisfaciendum) often are perceived as outmoded remedies that have been abolished, these methods of enforcing debts frequently are available to present day creditors. Despite the existence of several legal impediments to the unfettered utilization of these drastic remedies, methods for circumventing the various state constitutional and statutory prohibitions against imprisonment for debt exist. Procedures implemented to effect body attachment or body execution must be measured against the evolving debtor due process standard. After examining the legal history of body attachment and body execution, this Note will analyze the present status of these ancient creditors' remedies.
HISTORY OF BODY ATTACHMENT AND BODY EXECUTION
Depriving a debtor of his liberty in an attempt to force payment of a debt is a remedy of ancient origin. Any society dependent upon trade and commerce must provide an aggrieved creditor with the means to enforce payment of an overdue...