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Are You Making These Instant Same Day Payday Loans Online Mistakes?
Are You Accused of Indebtedness?
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Are you able to be arrested for Indebtedness?
You typically can't be charged with debts, you can only be filed for a lawsuit, however in some states you can be arrested in the event of not complying with a court-ordered judgment.
Written by Sean Pyles Senior Writer | Personal finance, financial debt Sean Pyles leads podcasting at NerdWallet as the host and producer of NerdWallet's "Smart Money" podcast. On "Smart Money," Sean talks with Nerds from the NerdWallet Content team to answer questions from listeners regarding their personal finances. With a focus on shrewd and actionable money advice, Sean provides real-world guidance that will help consumers improve the financial situation of their lives. Beyond answering listeners' money questions on "Smart Money," Sean also interviews guests outside of NerdWallet and produces special segments on topics such as the racial wealth gap, how to start investing and the history for student loans.
Before Sean was the host of podcasting at NerdWallet the company, he also wrote about topics concerning consumer debt. His writing has been featured throughout the media including USA Today, The New York Times as well as other publications. When when he's not writing about personal finance, Sean can be found playing in his garden, taking runs , and taking his dog for long walks. He lives at Ocean Shores, Washington.
Updated Aug 5, 2021 at 2:46 PM PDT.
Written by Kathy Hinson Lead Assigning Editor Personal financial, credit scoring, financial management and debt Kathy Hinson leads the Core Personal Finance team at NerdWallet. In the past, she worked for 18 years at The Oregonian in Portland in capacities such as chief of the copy desk and team leader for design and editing. Her previous experience included editing copy and news for various Southern California newspapers, including the Los Angeles Times. She graduated with a bachelor's in journalism and mass communications from the University of Iowa.
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It is not possible to be arrested simply due to the fact that you owe money on what you might consider to be consumer debts: credit card, loan or medical expense. Legally, can't even threaten the person with arrest. However, they can have other legal recourses, such as suing you for a settlement.
In rare instances, this kind of debt can result in arrest for other charges, such as fraud, theft or defying an order of a court.
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The threat of arrest made by collectors is not legal
At one point, people could be jailed simply for owing money, but debtors' prisons were illegal in the United States since the mid-1800s.
Additionally, the law legislation of 1977 bans debt collectors from making threats or misleading consumers, which includes threatening arrest. Alongside the rules regarding what collectors can say it also limits the manner and when they may contact you.
However, debt collectors may utilize the legal system.
Debt collectors cannot arrest you however they may demand payment from you and this is usually their most effective legal recourse. Hundreds of thousands of civil suits involving debt are filed every year, sometimes with little documentation to ensure accuracy about how much is due and who is liable.
A mere 10% of the debtors are represented by an attorney when sued for a debt. Some don't even respond to lawsuits in any way which usually results in an unpaid judgment which could cause a bank levy or either.
If you're sued, it's by default.
If you get an order from the court, don't ignore it. In many cases, going to court and asking the collector to prove it has sued the right person in the proper amount is enough to get the case dismissed or settled for less.
Legal loopholes can lead an arrest
There are a couple of scenarios where aggressive creditors could use legal loopholes to obtain or threaten to arrest for debt-related issues:
In about one third of the states that debtors could be arrested when they don't follow a court ruling that resulted from the filing of a lawsuit. Also 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 court, not for being in debt.
Certain payday lenders pursue or threaten arrest when a customer's check for payment is rejected, usually claiming that it was an fraudulent intent.
Rent-to-own furniture businesses sometimes enforce charges against customers who fail to pay but refuse to be able to return furniture.
What you can do
If you're being hounded by an aggressive debt collector:
Be cautious Be sure to verify the facts and determine if you are the owner of the debt and the amount is correct, by .
Take your stand: Don't be pressured into making a quick decision. Make time to figure out the most effective way to proceed .
Make sure you are protected: Contact debt collectors who are harassing you to the .
>> MORE:
The author's bio: 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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