Thursday, December 3, 2009

Can Someone Be Arrested for a Debt Owed?

When you have a significant amount of debt, you could face a number of consequences such as wage garnishment or a bank levy. In this situation, you may also fear that you will have to spend some time in jail because of the debt. While you cannot be arrested specifically because of the debt, you could be arrested for the circumstances surrounding it.

Debtor's Prison

    In the past, the United States had a debtor's prison that was commonly used. If you did not pay your debts, you might have been forced to spend time in this facility. Today, this prison is no longer an option. This means that you cannot specifically go to jail because you owe someone money and fail to pay. Other actions can be taken for other reasons, however, to try to get you to pay what you owe.

Arrest

    While you cannot be arrested for owing money or for failing to pay creditors, you can be arrested for failure to appear in court. When you owe a creditor money, that creditor has the right to sue you in a civil court. At that point, you will be summoned to appear in court on a specific day. If you do not appear, an arrest warrant can be issued for you.

Fraud

    You can also be arrested if it is determined that you have secured a debt under fraudulent circumstances. For example, if you open a credit card account in someone else's name and then do not pay the bill, this can result in serious legal issues for you. You can be arrested for fraud and can face serious jail time. As long as you accumulate debt under normal circumstances, this should not be an issue.

Professional Assistance

    To avoid the possibility of going to jail or having judgments placed against you, you may wish to hire professional help. An attorney can assist you with this process and contact your creditors on your behalf. Before you ever have to appear in court, you and your lawyer can set up a repayment plan with your creditors to eliminate the debt. If the creditor is satisfied with the plan, it may drop the lawsuit so you never have to go to court. This can eliminate the possibility of spending time in jail because of your debts.

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