Lepak v. McClain

The narrow question to be answered in this original proceeding for a prerogative writ is whether the use of contempt, authorized by the second paragraph in § 8501 to *859punish a debtor’s nonpayment of judicially scheduled installments on a money judgment, violates Oklahoma’s constitutional interdiction of imprisonment for debt.2

The court assumes original cognizance and grants a writ of prohibition. Today’s pronouncement invalidates those provisions in § 850 which sanction contempt power’s use to punish a debtor’s failure to pay installments scheduled in a postjudgment order. I concur in the…