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Body Attachment

On Lawyer & Legal » Family Law

5,933 words with 6 Comments; publish: Sat, 30 Sep 2006 09:11:00 GMT; (80078.13, « »)

The state is: Illinios

I have spent almost 2 years in court trying to hold my ex-husband in contempt for non payment of child support among other things. During this time, he moved out of state.

There was recently a body attachment issued however it would seem that it is unenforceable any where other than the state of Illinois.

Can any one confirm this? Or advise on how to have it enforced?

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  • 6 Comments
    • Quote:
      === Original Words ===

      TERRITORIAL LIMITS: An order of civil commitment of a person held to be in contempt of a decree or injunction issued to enforce the laws of the United States may be served and enforced anywhere in the United States. An order of civil commitment of a person held to be in contempt of a decree or injunction not involving the enforcement of federal law may only be served at any place within the state in which the district court is located, or at any place outside of the state that is within 100 miles of the courthouse.

      So is this considered Federal law because the way I read this is that if it's not, it's not enforceable more than 100 miles from the courthouse or within the state it was issued.

      Unless there was a huge mistake made in the paperwork somewhere along the lines, the writ should be enforceable at the federal level. Was child support enforcement involved?
      #1; Mon, 02 Oct 2006 02:22:00 GMT
    • Quote:
      === Original Words ===

      What is the name of your state? Illinios

      I have spent almost 2 years in court trying to hold my ex-husband in contempt for non payment of child support among other things. During this time, he moved out of state.

      There was recently a body attachment issued however it would seem that it is unenforceable any where other than the state of Illinois.

      Can any one confirm this? Or advise on how to have it enforced?

      It's enforceable anywhere in the US:

      Quote:
      Writ of Body Attachment:

      A writ of body attachment is a process issued by the court directing the U.S. Marshal to bring a person who has been found in civil contempt before the court. The process may also be called an order of commitment for civil contempt or a warrant for civil arrest.

      TERRITORIAL LIMITS: An order of civil commitment of a person held to be in contempt of a decree or injunction issued to enforce the laws of the United States may be served and enforced anywhere in the United States. An order of civil commitment of a person held to be in contempt of a decree or injunction not involving the enforcement of federal law may only be served at any place within the state in which the district court is located, or at any place outside of the state that is within 100 miles of the courthouse.

      ISSUED BY: The writ is issued as an order of a U.S. District Court judge, U.S. magistrate judge, or U.S. bankruptcy judge under the seal of the clerk of the court.

      SERVED BY: The writ is served by the U.S. Marshal or by a Deputy U.S. Marshal.

      MANNER OF SERVICE: Service is accomplished by taking the named individual (the contemnor) into custody and bringing the individual before the court without undue delay.

      RETURN: The individual who effects service will make proof of service to the court promptly according to local rules within the district.

      #2; Sun, 01 Oct 2006 04:04:00 GMT
    • Yes, they told me that they cannot serve it unless it was issued by a Federal court. It was issued by the 10th Judicial Circuit Court.
      #3; Tue, 03 Oct 2006 06:41:00 GMT
    • This was done through a private attorney although child support enforcement has the paperwork and there has been an open case with them for years.

      Part of the problem was that they would not help enforce things such as life insurance, extra-curricular expenses, ect. but I am sure you know that.

      I hired a private attorney to go after all of the above plus child support arrearage.

      After spending a great deal of money on this, I cannot find anyone to enforce the body attachment.

      #4; Mon, 02 Oct 2006 15:35:00 GMT
    • TERRITORIAL LIMITS: An order of civil commitment of a person held to be in contempt of a decree or injunction issued to enforce the laws of the United States may be served and enforced anywhere in the United States. An order of civil commitment of a person held to be in contempt of a decree or injunction not involving the enforcement of federal law may only be served at any place within the state in which the district court is located, or at any place outside of the state that is within 100 miles of the courthouse.

      So is this considered Federal law because the way I read this is that if it's not, it's not enforceable more than 100 miles from the courthouse or within the state it was issued.

      #5; Mon, 02 Oct 2006 00:17:00 GMT
    • Quote:
      === Original Words ===

      This was done through a private attorney although child support enforcement has the paperwork and there has been an open case with them for years.

      Part of the problem was that they would not help enforce things such as life insurance, extra-curricular expenses, ect. but I am sure you know that.

      I hired a private attorney to go after all of the above plus child support arrearage.

      After spending a great deal of money on this, I cannot find anyone to enforce the body attachment.

      Have you tried the US Marshalls Office?
      #6; Tue, 03 Oct 2006 05:54:00 GMT