Massachusetts General Laws

Mass. Gen. Laws ch. 224, § 18 (2026)

Contempt; procedure; effect; appeal

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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Section 18. The court may issue warrants for arrest and other processes to secure the attendance of debtors or creditors to answer for any contempt under this chapter. The term debtor, as used in this section shall mean, if the debtor is a corporation or a trust with transferable shares, the contemnor as defined in section fourteen or section sixteen. An arrest shall not be made after sunset unless specially authorized in the warrant for cause. Contempt of court under this chapter shall be punished by a fine of not more than twenty dollars or by imprisonment in the common jail for not more than thirty days. A debtor or creditor in custody, charged with contempt, shall be entitled to a speedy hearing therefor, and the officer having him in custody shall remain in attendance until excused by the court. A debtor or creditor in custody, charged with contempt, may be released by the court and the hearing on the alleged contempt may be continued.

A debtor arrested on a capias after court has adjourned may be lodged with the keeper of the lock-up in the city or town in which he is arrested, or lodged with the keeper of the common jail. Said keeper shall receive the debtor from the arresting officer and hold the debtor until the next sitting of the court issuing the capias, at which time the officer shall call for the debtor and take him before the court. The debtor shall be allowed a reasonable time to procure sureties for his recognizance to appear before the court issuing the capias at the next sitting of court. A master in chancery may accept his recognizance to the creditor with surety or sureties in a sum not less than the judgment, conditioned that he will appear before the court at its next sitting and from time to time until the proceedings are concluded. The provision for the arrest of a debtor after court has adjourned shall not apply to female debtors.

A sentence for contempt shall not end the proceedings, nor any order made therein, and future violations of the order upon which the sentence was founded, or any other order, may likewise be dealt with as for contempt. The court shall retain jurisdiction of supplementary proceedings until an order shall be made expressly dismissing them. If the proceedings are dismissed, the creditor shall not, within one year after the date of such dismissal, file a new application against the same debtor upon the same judgment or a judgment including the same cause of action, unless the court otherwise orders. There shall be no appeal from any judgment, order or sentence under the provisions of this chapter, except as provided in section nineteen.

Notes of Decisions
Cited in 6 cases, 1968–2014 · leading case: Birchall, 913 N.E.2d 799 (Mass. 2009).
Birchall, 913 N.E.2d 799 (Mass. 2009). · cites it 6× “” The petitioner contended that, pursuant to G. L. c. 224, § 18, he was entitled to a full, speedy hearing every thirty days and that § 18 did not contemplate such a hearing to consist simply of the question: “Are you prepared to purge?” The petitioner argued that he was…”
O'Leary v. Educ. Resources Inst., Inc., 808 N.E.2d 813 (Mass. 2004). · cites it 2× “Third, he contended that the order requiring monthly payments and imposing sanctions was “excessive” and “contrary to law.” A single justice of this court denied the petition without a hearing.”
Schifano v. Razzaboni, 995 N.E.2d 795 (Mass. 2013). “” G. L. c. 224, § 18. While this does not deprive us of our extraordinary power under G.”
Marram v. Fourth Dist. Court, 234 N.E.2d 720 (Mass. 1968). “G. L. c. 224, § 18. Accordingly, the judge of the Superior Court rightly refused to issue process.”
Brown v. Paull, 2006 Mass. App. Div. 43 (Mass. Dist. Ct., App. Div. 2006). “According to the defendant, as stated in his affidavit filed in connection with his Rule 60(b) motion, he had no notice or knowledge of the proceedings until haled into court by virtue of a writ of capias issued under G.L.c. 224, §18. The complaint and summons in the original…”
Zizza v. Zizza, 2014 Mass. App. Div. 217 (Mass. Dist. Ct., App. Div. 2014). · cites it 2× “See G.L.c. 224, §18. Her subsequent petition to the Single Justice of the Supreme Judicial Court, pursuant to G.”
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