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You Can’t Go to Jail for a Debt
A long time ago, when our country was very young, the U.S. had separate prisons for people who could not repay their debts. We called these jails “debtors’ prisons.” Today, we think it preposterous to throw someone in jail for simply owing a debt. After all, how would someone earn the money to repay a debt while that person is in prison?
Debtors’ prisons were eliminated by federal law in 1833. This was about the same time as the development of bankruptcy laws in the United States. Today, you cannot be jailed for simply owing a debt.
A Debt Is a Civil, Not Criminal, Matter
It is illegal for a creditor or collection agent to threaten criminal action against you. If you cannot repay a debt, there are civil remedies only. See 15 U.S.C. 1692(f) § 806-808 of the Fair Debt Collection Practices Act. Debt collectors may not threaten criminal action against any person in connection with the collection of a debt. While such threats may be effective, they are illegal.
You Can’t Go to Jail for a Debt
You cannot go to jail for failing to pay for a “civil debt,” like credit cards, personal loan, or hospitable bills. But you can be imprisoned for failure to pay taxes or child support.
I’m sure some creditors wish that we still had debtors prisons, but the fact is that we don’t anymore. You cannot be charged for a crime for owing a debt, nor can you be put in jail for a debt.
They Called. They're Glad They Did.
Brian Lee from Lee Legal was an amazing attorney to work with. He took his time, reviewed my documents and we discussed my situation thoroughly. He explained the process and my options as well as gave his recommendation. Not only did he assist, but he ensured that I knew this...
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Brian provided me with a very detailed analysis about my potential case after our first consultation. He promptly responded to all my complex questions, especially navigating student loans and some tax discussions. He is very professional and experienced at what he does, I would...
I've had the pleasure of working alongside Brian V. Lee for several years, and I can say without hesitation that he is one of the most knowledgeable bankruptcy attorneys in the DMV area. Brian's command of Chapter 7, 11, and 13 practice is exceptional, and his clients in the DC...
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Still several years from Public Service Student Loan Forgiveness and saddled with significant student loan payments in proportion to my income, I came to Lee Legal to explore the bankruptcy path. Through his counsel, Brian took the fear out of the process and helped me to...
