A capias ad satisfaciendum shall not issue on a judgment founded upon contract, express or implied, except:
a. Where an order to hold the defendant to bail has been issued and remains in force; or
b. When due proof is made to the court, establishing:
1. The facts on which an order to hold to bail could issue under the provisions of section 2A:15-42 of this title; or
2. That defendant has rights or credits, money or effects in his own possession or the possession of some other person to his use, of the value of $50.00 or over, which he unlawfully refuses to apply in payment of the judgment against him.