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§ 501.Imprisonment Prohibited

Title 7. Other Provisional Remedies In Civil Actions · Chapter 1. General Provisions · Enacted 1974 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 501 forbids jailing a person in a civil action over a debt or a tort claim, before or after judgment, while leaving untouched a court's separate power to jail someone for violating a court order.

Full Text of § 501

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A person may not be imprisoned in a civil action for debt or tort, whether before or after judgment. Nothing in this section affects any power a court may have to imprison a person who violates a court order.

Plain-English Summary

This short section draws a firm line around what a civil court can do to a losing party's body. Owing money, or being found liable in tort, never lands a person in jail. That protection runs the whole life of the case — before judgment and after — so a plaintiff can't threaten arrest to pressure a settlement, and a judgment creditor can't use jail time to collect a debt.

The second sentence keeps that protection from swallowing more than it should. A court still has whatever power it otherwise holds to imprison someone for violating a court order — contempt, in other words, remains available. The distinction is between punishing a person for owing money and punishing a person for defying the court itself.

That distinction matters throughout the rest of this title. The claim-and-delivery procedure in Chapter 2 and the injunction procedure in Chapter 3 both rely on court orders — writs of possession, restraining orders, injunctions — backed by the threat of contempt for disobedience. Section 501 confirms that backing is legitimate even though jailing someone merely for owing a civil debt is not.

Frequently Asked Questions

Can someone be jailed in California for failing to pay a civil debt?

No. Section 501 bars imprisonment in a civil action for debt or tort, whether the judgment has already been entered or not.

Does this section stop a court from ever jailing someone in a civil case?

No. It leaves untouched a court's power to imprison a person who violates a court order, such as through a contempt proceeding.

Does § 501 apply to tort claims as well as debts?

Yes. The section covers civil actions for debt or tort alike.

How does this section relate to orders issued under the claim and delivery or injunction procedures?

Those procedures depend on court orders backed by the contempt power § 501 preserves; what the section forbids is imprisonment for the underlying debt or tort itself, not for disobeying a resulting order.

Amendment History

Added by Stats. 1974, Ch. 1516.

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 28, 2026. · Official source
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