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I owe $4000 on a vehicle. If they sue me and I can't pay can I get thrown in jail? I wrecked my car before I was able to pay it off and now owe a lot of money. I can't get a job that will be able to pay that off and pay for child care. They have threatened to have me thrown in jail and with a new born at home this terrifies me!
12 ANSWERS
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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There is no debtor's prison in the United States.
Answered on Jul 04th, 2013 at 1:52 AM
Bankruptcy & Debt Attorney serving San Diego, CA
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Jackie Robert Geller Attorney at Law
There's no more debtor's prisons. No jail for unpaid debts.
Answered on Jul 04th, 2013 at 12:44 AM
Bankruptcy Decision Attorney serving San Diego, CA
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Law Office of Daniel G. Shay
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No, there has not been a debtors prison in America since 1833. Threatening jail time is a violation of the (R)FDCPA and you could sue the creditor. Contact a consumer rights attorney.
Answered on Jul 14th, 2011 at 12:40 PM
Yes you can... But only if you live in England in the eighteenth century where debtors prison still exists. However if you bounce checks, that is a criminal offense. Fraud can also be a criminal offense. You may want to consult with an attorney so you can disclose all the details of your story. Also consult with a consumer attorney. You may have a fair debt collection practices act case that could net you as much as one thousand dollars.
Answered on Jul 13th, 2011 at 11:14 AM
Information provided doesn't create an attorney/client privilege nor constitute an offer of services and is only general responses to hypotheticals
Bankruptcy Attorney serving Herndon, VA
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Maureen O'Malley
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They make illegal threats, but can't throw you in jail. You could file bankruptcy. Was there insurance? Did the creditor get that? Bankruptcy will remove any further liability for you.
Answered on Jul 11th, 2011 at 9:59 AM
You cannot be placed in jail for failure to pay a debt. If fact, if they are truly threatening you with jail, they are in fact breaking the law. You should consult an attorney. Good Luck!
Answered on Jul 08th, 2011 at 3:40 PM
You can not be put in jail for failure to pay your car debt. If you are served with an Order to appear for examination of judgment debtor, you should appear and truthfully answer all questions to avoid the possibility of being arrested for failure to appear for the debtor examination.
Answered on Jul 08th, 2011 at 1:42 PM
Bankruptcy Attorney serving Hayward, CA
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Carballo Law Offices
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There hasn't been prison for debtors in the U.S. since 1789 when the Constiution was adopted by the 13 Colonies (except for spousal/child support and fines which are different kinds of debts). I would laugh when the debt collectors tell you that you are going to jail for unpaid bills. It is a violatio of federal and California fair debt collection practices laws also.
Answered on Jul 08th, 2011 at 1:37 PM
Chapter 13 Bankruptcy Attorney serving Beaverton, OR
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Law Offices of Alexzander C. J. Adams, PC
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You cannot go to jail for not paying your debts. If the creditor is threatening jail they are breaking federal and state collections laws. You may actually be able to sue the person trying to collect the debt. Look for an attorney that focuses on collections law.
Answered on Jul 08th, 2011 at 1:23 PM
Samuel Lee Tucker
No, you will not be jailed for debt. It is illegal for a bill collector to threaten jail. You contact a consumer attorney to file a Fair Debt Collection claim.
Answered on Jul 08th, 2011 at 1:02 PM
Owing a debt is not a criminal matter and you can't be jailed for it. The creditor can sue you in court, get a judgment and, with that judgment, garnish your bank account and your wages. It is a violation of Oregon law for a creditor to threaten you with jail for non-payment of a debt; it is a violation of federal law for a debt collector to do the same.
Answered on Jul 08th, 2011 at 12:56 PM
Glen Edward Ashman
Your creditors can do a lot but unless you hide the car from them in defiance of a court order, or fail to answer discovery if you are sued, jail isn't one of the options. Nonetheless they can grab your paycheck, bank account, etc. A smart move would be to see a bankruptcy lawyer who may be able to help you wipe out the debt completely if you qualify.
Answered on Jul 08th, 2011 at 6:51 AM