No person shall be imprisoned for debt in any civil action.

ANNOTATIONS

Comparable provisions. — Idaho Const., art. I, § 15.

Iowa Const., art. I, § 19.

Montana Const., art. II, § 27.

Utah Const., art. I, § 16.

Civil contempt fine. — Order that judgment debtor should be jailed until he paid civil contempt fine was not imprisonment for failure to pay a debt, nor did fact that payment of the fine would reduce prior judgment alter the situation. Atlas Corp. v. DeVilliers, 447 F.2d 799 (10th Cir. 1971), cert. denied, 405 U.S. 933, 92 S. Ct. 939, 30 L. Ed. 2d 809, reh’g denied, 405 U.S. 1033, 92 S. Ct. 1288, 31 L. Ed. 2d 491 (1972) (decided under former law).

It is not a violation of the constitutional provision against imprisonment for debt to jail a person who does not pay a contempt fine. Hall v. Hall, 1992-NMCA-097, 114 N.M. 378, 838 P.2d 995, cert. denied, 114 N.M. 314, 838 P.2d 468.

Violation of restraining order. — Contempt decree imprisoning husband, for definite term or until sum was paid wife, for violating divorce action restraining order prohibiting removal of estate from jurisdiction, did not violate this section. In re Canavan, 1912-NMSC-012, 17 N.M. 100, 130 P. 248; see also, Canavan v. Canavan, 1914-NMSC-019, 18 N.M. 640, 139 P. 154, 51 L.R.A (n.s.) 972.

Failure of administrator to turn over money. — Where an administrator is committed for contempt in not paying over money ordered by court, statute against imprisonment for debt is violated. In re Jaramillo, 1896-NMSC-023, 8 N.M. 598, 45 P. 1110.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 16A Am. Jur. 2d Constitutional Law §§ 618 to 624.

Worthless check act as violating constitutional provision against imprisonment for debt, 23 A.L.R. 495.

Application to nonpayment of taxes, fees or other governmental obligations, 40 A.L.R. 77, 48 A.L.R.3d 1324.

Statute making husband's failure to support wife or family a criminal offense as violation of constitutional guarantee against imprisonment for debt, 48 A.L.R. 1195.

Payment, statute making refusal to pay for commodities a criminal offense as violating inhibition of imprisonment for debt, 76 A.L.R. 1338.

Execution, statute providing for proceedings supplementary to, as violating constitutional guarantee against imprisonment for debt, 106 A.L.R. 383.

Constitutional provision against imprisonment for debt as applicable in bastardy proceedings, 118 A.L.R. 1109.

Constitutionality of "bad check" statute, 16 A.L.R.4th 631.

Validity, construction, and effect of body execution statutes allowing imprisonment based on judgment, debt, or the like - modern cases. 79 A.L.R.4th 232.

16A C.J.S. Constitutional Law §§ 487 to 490.