1. The Execution Judge may make an order on an application submitted by the judgment Creditor for the detention of the Debtor if the latter has failed to execute any Execution Writ unless they prove that they are not able to pay. The Debtor shall not be deemed to be capable of paying if their solvency is based entirely on assets that cannot be attached or sold. 2. The Debtor's claim of inability to pay is not accepted if they refuse to pay, in any of the following cases: a. If the Debtor smuggles their assets or conceals them with the intention of causing harm to the Creditor, and it is impossible for the Creditor by reason thereof to execute against such assets; b. If the debt is one or more installments awarded against the Debtor, or if the Debtor is a person who stood surety for the original Debtor to make payment before the Court or the Execution Judge, unless the Debtor proves that new facts have arisen after the award of installments against them or after they have provided the surety, which have affected their solvency and rendered them unable to pay the installments or the amount of the surety or any part thereof. 3. The Execution Judge shall order the detention of the Debtor in the circumstances set out in Paragraphs (a) and (b) of Clause (2) of this Article for a period not exceeding one month, which may be renewable for further periods. If it is not feared that the Debtor would flee [the State] and the Debtor has an established residence the periods of detention may not exceed (6) six consecutive months. An order may be made for the renewal of their detention after the expiration of (90) ninety days from their release if they continue to refuse to perform despite their ability to make payment, but provided that the total periods of detention of the Debtor do not exceed (36) thirty six months whatever be the number of debts or Creditors in the event that the relevant Execution Writs coincide, unless the matter is related to a debt as a result of intentional financial crimes, in which case the terms of detention may reach (60) sixty months.
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