A Motion for Contempt is necessary when the judgment debtor does not comply with the judge’s order.
At that point we will file a motion and ask a judge to hold the debtor in contempt.
The motion for contempt asks the court to hold the debtor in contempt of court. The judge has many options, including committing the defendant into the custody of the sheriff for up to 180 days. As a result, the hearing is said to be “quasi-criminal” since the defendant’s liberty is at risk. The debtor can normally avoid all of this just by answering the questions.
For many judgment debtors this is the point at which the situation becomes real to them. We are very likely to resolve the entire matter at this point. It seems many judgment debtors give up at this point. They are quite convinced you are serious about your debt and won’t give up. They no longer want to face the threat of jail time. So we frequently resolve matters at the motion for contempt stage.
Questions About Motions for Contempt
What is a motion for contempt in a Texas collections case?
A motion for contempt asks a judge to hold the judgment debtor in contempt of court for failing to comply with a court order — typically an order requiring them to respond to post-judgment discovery or appear for a deposition. It is filed after the debtor has been given an opportunity to comply through a motion to compel and has still refused or failed to do so.
What can the judge do to a debtor found in contempt?
The judge has broad discretion, including committing the debtor to the custody of the sheriff for up to 180 days. Because the debtor's liberty is at stake, the hearing is considered quasi-criminal in nature — the debtor has due process rights — but the consequences are very real. In most cases, the debtor can avoid all of it simply by answering the questions they were originally asked.
Is the motion for contempt often the turning point in a collection matter?
Frequently yes. Our experience is that many debtors who have confidently ignored earlier steps in the collection process reconsider when they are personally facing potential jail time. We resolve a significant number of matters at the contempt stage — not because the debtor suddenly found money they didn't have, but because the reality of the legal process finally became concrete to them.
Can the debtor purge their contempt?
Yes. A debtor who is held in contempt can typically purge that contempt — meaning avoid or end their confinement — by complying with the court's order. In practice, this means answering the discovery they refused to answer. The ability to purge contempt is not an escape hatch; it is an incentive structure designed to produce compliance rather than punishment for its own sake.
How quickly do you move to file a contempt motion after a motion to compel is violated?
Quickly. Once the court-ordered deadline from a motion to compel passes without compliance, we move immediately. Every delay at this stage gives the debtor more time and more reason to believe the consequences are theoretical rather than real. We work to disabuse them of that belief as fast as possible.