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Debt Destroy

Does A Debtors Prison Still Exist???


dancedancedance Rep Points:
Posted on September 2, 2009 at 8:32 pm
Does anyone know if a debtors prison still exist? I know they used to have those things in the earlier times, and I'm wondering if they still exist. Just wondering. I mean I don't want to get thrown in jail just because I have a debt...

Purple Cow Rep Points:
Posted on September 3, 2009 at 1:08 am
A debtors prison still exists but only in a few countries, such as Greece and the United Arab Emirates. In the United States, on the other hand, debtors prison has been abolished in 1833.The purpose of the debtors prison was to incarcerate individuals who are unable to pay their debts.

LallyPop Rep Points:
Posted on September 3, 2009 at 2:39 am
One major boo-boo in the concept of a debtors prison was the fact that being in debt wasn't really a grave misconduct compared to other felonies (such as crimes like murder, rape, robbery, etc). Besides, the creditor has full awareness that a default may possibly occur, and by agreeing to approve the loan application, s/he is willing to take that risk, whether or not the borrower may seem to be capable of repaying what they owed.

CheetosLover Rep Points:
Posted on September 3, 2009 at 2:53 am
The debtors prison also considered incarcerating the head of the family as enough incentive to "pay" for having debt, but more often than not, the debtor's other family members weren't really skilled or experienced enough to work or do labor, or run a profitable business. It pretty much defeats the purpose of putting up a prison in the first place.

dancedancedance Rep Points:
Posted on September 3, 2009 at 3:16 am
But is it true that a debtors prison was re-established in Pennsylvania in 1991? Sheeeesh! I live there and I might be put behind bars!

Lurker (Guest) Rep Points:
Posted on September 4, 2009 at 1:10 am
Don't quote me on this dancedancedance, but in Pennsylvania, if a parent falls behind on child support, they may be put in debtors prison. I believe this isn't only applicable in Pennsylvania but on other states as well.

Karess Rep Points:
moderator
Posted on September 4, 2009 at 2:06 am
Yes, Lurker, that is considered a criminal felony, because child support is a court-ordered obligation, and if an individual is unable to make their commitment to this, the consequence of this action is imprisonment. It doesn't necessarily mean that they will be put in a debtor's prison.

David_A Rep Points:
Posted on September 5, 2009 at 11:21 am
"Yes, Lurker, that is considered a criminal felony, because child support is a court-ordered obligation, and if an individual is unable to make their commitment to this, the consequence of this action is imprisonment" Your response is correct that you can be put in prison for not paying child support but you reason is wrong, every single money judment is a court ordered obligation.  Also, although it's almost never done anymore debtor's prison does still exist in the US: "In 1833 the United Statesreduced the practice of imprisonment for debts at the federal level. Most states followed suit. It is still possible, however, to be incarcerated for debt, but only in those circumstances in which the court finds that the debtor actually possesses the money or means available to pay the debt and refuses to do so. However, in the case of child support, if you are unable to pay the amount set by child support enforcement you can be incarcerated even though you may not have the actual means to pay it through no fault of your own. The constitutions of the U.S. States of Tennessee and Oklahoma forbid civil imprisonment for debts."

Marinemom1 Rep Points:
Posted on September 6, 2009 at 7:48 am
No debtor's prison in the United States any longer.  The creditors can now garnish wages (after getting a judgement against you) and in most states attach a lien against your property.  Also keep in mind, if you don't have property now or a job at some point you will, creditors CAN AFFORD to wait and attach your wages.  As long as they have filed against you within the time frame governed by your state (most states are from 3-7 yrs), then you are still on the hook to pay this debt.  Make a few calls to your creditors instead, be proactive.

Steven Rep Points:
Posted on September 6, 2009 at 12:58 pm
If you have no property and don't work, the creditor may also try and execute the judgment through a bank account levy. If you are sued, you should try and see what your options are for a settlement or payment plan, depending on what financial resources you have available to you.
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