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Can You Be Arrested for Debt?
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(image: https://cdn.slidesharecdn.com/ss_thumbnails/installmentpaydayloanswitheasyonlineapplicationsameday-160721115748-thumbnail-4.jpg?cb=1469102356)Are You Accused of Debt?
It is not common to be arrested for debts, only filed for a lawsuit, however in some states, you could be detained in the event of not complying with the court-ordered judgment.
By Sean Pyles Senior Writer | Personal finances and credit, and personal finance Sean Pyles leads podcasting at NerdWallet as the host and producer of the NerdWallet's "Smart Money" podcast. In "Smart Money," Sean talks with Nerds across the NerdWallet Content team to answer listeners' personal finance questions. With a particular focus on sensible and actionable financial advice, Sean provides real-world guidance to help people improve their financial lives. Beyond answering listeners' money concerns on "Smart Money" Sean also interviews guests who are not part of NerdWallet and creates special segments that explore subjects like the racial wealth gap, how to start investing and the background of college loans.
Before Sean was the host of podcasting at NerdWallet the company, he also wrote about topics related to consumer debt. His work has appeared on USA Today, The New York Times and elsewhere. When Sean isn't writing about personal finances, Sean can be found playing in the garden, taking runs , and walking his dog for long walks. Sean is located in Ocean Shores, Washington.
Updated Aug 5, 2021 at 2:46 PM PDT.
Editor: Kathy Hinson Lead Assigning Editor Personal finance, credit scoring, financial management and debt Kathy Hinson leads the Core Personal Finance team at NerdWallet. Previously, she spent 18 years at The Oregonian in Portland in roles including copy desk chief and team director of design and editing. Prior experience includes copy editing and news for several Southern California newspapers, including the Los Angeles Times. She received a bachelor's degree in journalism and mass communications at Iowa's University of Iowa.
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It is not possible to be arrested simply due to the fact that you owe money that you would consider to be consumer debt, such as a charge on a credit card loan or medical bill. Legally, can't even threaten the person with arrest. However, they have other legal options like suing you for a settlement.
In some rare cases the type of debt could result in arrest for other charges, like fraud, theft, or defying the court's order.
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The threat of arrest made by collectors is illegal
In the past, individuals could be arrested because they owed money, but debtors' prisons were illegal in the United States since the mid-1800s.
In addition, the legislation of 1977 bans debt collectors from making threats or deceiving consumers, and that includes threats of arrest. In addition to the regulations on what they can say to you they can say, the law restricts how and when they may contact you.
But debt collectors can utilize the legal system
Debt collectors can't arrest you, but they can pursue you for payment and this is usually the most effective legal remedy. Hundreds of thousands of civil suits involving debt are filed every year and often without any documentation to confirm the amount due and who has to pay it.
A mere 10% of debtors get an attorney representation when being sued for debt. Many more don't respond to lawsuits at all and, in the end, they'll get the default judgment, which can result in either a bank levy, or both.
If you're sued by default.
If you receive a court summons, don't ignore it. Sometimes, just going to an attorney and asking for the collection agency to show that it has sued the right person with the correct amount is enough to get the case dismissed or reduced to less.
Legal loopholes could lead to the arrest of a suspect
There are a few instances in which aggressive creditors could use legal loopholes to obtain or threaten to arrest for problems related to debt:
In about one-third in states, debtors may be detained when they don't adhere to a court order that resulted from a lawsuit. That is the debtor won the court case or didn't make an appearance, or was told to pay but did not. The arrest is for defying the judge, not to pay the debt.
Some payday lenders pursue or threaten arrest if a consumer's payment check bounces, typically claiming fraudulent intent.
Rent-to-own furniture firms sometimes seek arrest for consumers who fail to pay but refuse to return the furniture.
What you can do
If you're being pestered by an aggressive debt collector:
Be skeptical Be sure to verify the facts to determine whether the debt is yours or not and the correct amount by .
Take your stand Do not be enticed by making a quick decision. Spend time figuring out the best method to proceed .
Make sure you are protected: Contact debt collectors who are harassing you to the .
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Author bios: Sean Pyles is the director of production and host on the NerdWallet's Smart Money podcast. His writing has been featured on The New York Times, USA Today and elsewhere.
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