QUESTION
Can I still get arrested if I just sending them what I can?
Asked on Jan 29th, 2014 on Bankruptcy - California
More details to this question:
Can they put a warrant out for my arrest? Also, I'm young and single, trying to make it on my own and I pay all my bills by myself, so I do not have the full amount to send to them. What if I just send them what I can each month. Can they still take me to court if I'm paying something every month? Please let me know. I'm so scared.
5 ANSWERS
No you cannot be arrested for any debt but you should consider filing for bankruptcy.
Answered on Feb 03rd, 2014 at 5:00 PM
You cannot go to jail for not paying ordinary debts.
Answered on Feb 03rd, 2014 at 4:35 PM
Debt Collection Attorney serving Chicago, IL
Partner at
Edelman, Combs, Latturner & Goodwin, LLC
2 Awards
A creditor can insist on full payment and sue if it does not get it. We do not have debtor's prisons any more. You cannot be arrested for not paying a debt. The only basis on which a debtor can be arrested is if a judgment is entered after you are served with a summons and complaint, a court orders you to appear and answer questions about your income and assets, you fail to comply, and you are served with and ignore an order to show cause why you should not be held in contempt for not appearing and answering questions. There are strict limits on garnishment and exemptions for various types of assets, so that you are not left destitute.
Answered on Feb 03rd, 2014 at 4:29 PM
Creditors don't want to arrest you for not paying the bill. After all, how could you pay at all if you are in prison? The creditor wants a judgment. It also wants to be paid something. You have to try and set up a payment plan that you can afford. In some cases, the creditor will not take less than a certain amount. I would not be afraid of getting arrested, just bad credit. That being said, if you get an order to appear, you must appear in court. Don't ignore that. I had a client in Glendale have a sheriff show up at his door because the client did not show up at a court hearing. The judge had issued a bench warrant because the client did not appear at a debtor's examination. That was a very isolated situation.
Answered on Jan 31st, 2014 at 4:16 PM