(a)Availability. If a debtor fails to appear for a financial disclosure hearing and the court does not issue a payment order, the court may schedule a contempt hearing based upon the failure to appear.(b)Issuance and service of judicial summons.(1) The court clerk will set a date for hearing and isffire provide a judicial summons to the creditor requiring the debtor to appear and present evidence showing why the debtor should not be held in contempt of court for failing to appear at the previous hearing. The summons shall permit appearance by video or telephone. The judicial summons will include notice to the debtor that the debtor may be represented by a lawyer at the hearing.(2) Within seven days after receipt of the summons, the creditor must send the summons, the list of exemptions appearing in the forms approved by the Court Administrator and available on the Judiciary website, and the financial disclosure affidavit to a sheriff (or other person authorized to serve process) for service on the debtor, at the creditor's expense, but no attendance or mileage fee need be paid to the debtor. The return of service must be filed by the creditor with the court clerk before the hearing or at the start of the hearing.(c)Hearing. If the debtor fails to appear at the hearing after receiving personal service of the summons, the court may hold the debtor in contempt based upon that failure to appear. The penalties for contempt shall be limited to (1) authorizing the creditor to obtain a credit report on the debtor, or (2) adding a financial penalty to the judgment, in addition to the filing and service fees incurred for the motion. If the debtor does appear at the hearing, the court shall proceed with a financial disclosure hearing pursuant to Rule 7Vt. R. Small. Claims. P. 8
Adopted Mar. 6, 2002, eff. 9/1/2002; amended July 10, 2013, eff. 9/9/2013; amended on an emergency basis Jan. 11 and Mar. 7, 2016, eff. 4/15/2016; amended April 18, 2022, eff. 6/20/2022.Reporter's Notes--Second 2016 Amendment
Rule 8(b) of the Vermont Rules of Small Claims Procedure as amended by emergency rule on January 11,2016, effective April 15, 2016, is further amended to eliminate and clarify requirements of the January 11, 2016 amendments that were unnecessary and imposed burdens oftime and expense on the clerks' offices. See simultaneous amendments to V.R.S.C.P. 3(d) and (g), 7(a), and 9(b).
Reporter's Notes-2022 Amendments
V.R.S.C.P. 8 is amended simultaneously with amendments to V.R.S.C.P. 7 to address issues that have been plaguing the small claims docket. See Reporter's Notes to simultaneous amendment of V.R.S.C.P. 7. The amendments clarify the basis for a contempt finding and narrow the remedies available for contempt. They also simplify the process for creditors seeking a contempt order because the current process is drawn out and inefficient.