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Can I go to jail for debt?

No. We don't have "debtor's prisons" in the United States. We get this question a lot

If you fail to pay money that you've agreed to pay through a contract (that's what debt is), that is a civil matter between you and the lender. That goes for credit cards, payday loans, mortgages, car loans, medical bills, etc. You have agreed to pay those companies, and they attempt to collect from you, either themselves, through a debt collector or by suing you. So the answer is no: debt collectors don't have the power to send you to jail.

Let's say your lender or collector sues you and wins and you still don't pay. Even then, it's not a criminal matter. They could go back to the court and try to seize your possessions - cars, house, garnish wages, etc. But criminal charges are not an option.

The only time you might be charged with a crime related to debt is if you commit fraud. For example, if you write a check to a payday lender, then immediately close your bank account, you can be charged with passing a bad check. Or if you knowingly falsify documents, etc.

Federal law gives you certain rights in dealing with debt collectors. Here is a summary.

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Posted by Travis on November 21, 2008 3:44 pm :: Comments (0) :: Permalink

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