fraudulent debtors

It used to be the case that debtors who chose not to pay their creditors (as opposed to not being able to pay) could be punished by the criminal law and put in prison.

Fraudulent Debtors: Grounds for Imprisonment

These provisions continue to be available in a more limited form which include where the debtor:

1. is in default in payment of a penalty, or sum in the nature of a penalty, other than a penalty in respect of any contract (such as a fine);
2. is a trustee or person acting in a fiduciary capacity and ordered to pay by a court of equity any sum in his possession or under his control;
3. is a solicitor and defaults in payment of costs when ordered to pay costs for misconduct as such, or in payment of a sum of money when ordered to pay the same in his character of an officer of the court;
4. defaults on payment for the benefit of creditors of any portion of a salary or other income in respect of the payment of which any court having jurisdiction in bankruptcy is authorised to make an order:
5. has defrauded creditors, or any of them, made or caused to be made any gift, delivery, or transfer of or any charge on his property;
6. has defrauded his creditors, concealed or removed any part of his property since or within two months before the date of any unsatisfied judgment or order for payment of money obtained against him.

Arrest of Debtors, before or after Judgment

In addition, where there is probable cause to believe that a debtor is about to leave England and his absence from the jurisdiction will materially prejudice a case against him, the High Court has jurisdiction to order that the person be arrested and imprisoned for no more than 6 months unless the required security is given.