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Can I Be Thrown In Jail If I Don't Pay My Debt?


INeedWords
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Posted on May 28, 2009 at 3:58 am
Been hard up the past couple months because i had lesser hours at work, and i haven't been paying my bills as regularly as i used to. I've been hounded by those debt collectors at home, at work, and they've been even calling my mother who lives four states away. they say i'll be put in jail and all that hoo-haa if i don't pay. so now my question is, can they actually do that? Is it legal? because once i find out that it's not i'm gonna sue them instead. thanks for the Help

doubleickey24
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moderator
Posted on May 28, 2009 at 4:19 am
It is actually illegal for the collection agencies to contact the consumers before 8am and after 9pm. They can contact people who are related to you to obtain your location, but only once. It is illegal for them to threaten you.

What you can do though to stop the calls is to write them a letter requesting for them to stop contacting you. That is if you think that you do not owe them anything and that it is a mistake. Make a copy of that letter, send the original via certified mail, and pay for a return receipt. That way you know that they have received it.

You should not be receiving any more calls or letters by then except when: they tell you that they are ceasing communication and/or if they are suing you to collect.

This letter will stop the incessant phone calls but it will not stop the creditors from suing you.

Debt_Guru
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moderator
Posted on May 28, 2009 at 8:31 am
You definitely can't go to jail for not paying your debt and it's illegal for the collection agency to even threaten it.  If they continue to violate the FDCPA (the Fair Debt Collection Practices Act - the law which governs what collectors can and cannot say when collection a debt), then you can sue them for damages.  I think it's $2500 per violation.

Crane, K. (Guest)
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Posted on May 28, 2009 at 9:48 am
Guru is correct here. There are some debt related things that could lead to a debtor ending up in jail though:

If there is a court order for alimony or child support and the person refuses to pay they could end up in jail.

Also, fraudulent and/or criminal tax activity could also land someone in jail.

While these debts are not related to credit card debt, this should be noted and taken into consideration knowing that a lot of people with credit card debt may be dealing with these issues as well.
Posted on May 29, 2009 at 1:17 am
 

J.U.S.T.I.C.E.
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Posted on October 9, 2009 at 3:22 am
I just thought of a scenario that's just really unpleasant,

What if while you're in jail, you ended up being in debt somehow? And it's not a small time debt - it's big. If you are convicted of a crime and are in jail - your rights, of course, are limited.

Are you going to be allowed to settle or file bankruptcy?

jill
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Posted on October 9, 2009 at 3:28 am
Another version of that question: can somebody in debt and in jail file bankruptcy? If you google it you would find debtor's prisons answers.

justalittleunwell
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Posted on October 9, 2009 at 3:40 am
You are correct, all answers pertaining to the in debt and jail issue are about - before going to jail or if it's possible to go to jail because of debt..and not while in it...

kelliepickles
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Posted on October 9, 2009 at 3:48 am
Interesting...but you are probably talking about unsecured (?) debts here or most likely under the table debts because you cannot obtain unsecured credit while in jail.
Posted on October 15, 2009 at 4:47 am
Can I be thrown in jail if I don't pay my debt?

Not if you are insolvent - there are other ways to get you to pay - only if you have the capacity to. What if your circumstances changed drastically from when you accumulated that debt and now - what if you have contracted a dreaded disease or a life threatening illness or you've lost limbs or your eyesight..
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