Can You Go to Jail for Not Paying a Loan
Can I Go to Jail for Not Paying a Loan?
States all over the country are being sued by civil rights groups for aggressive debt collection by their courts. This has led to much discussion of what is being chosen a new debtor's prison arrangement in the Us, and as well to some confusion.
Technically, you cannot go to jail for failure to pay a civil fine, like a loan. Merely in some states where consumer protections are not very strong, creditors can ensnare debtors in the court organization. Failure to appear for hearings or otherwise reply to court orders arising from collections cases can result in warrants, jail time, and fines. The punishment is for disobeying court orders but the trouble nonetheless stems from an unpaid debt.
Dispelling Confusion
Civil rights groups like the American Civil Liberties Union and the Southern Poverty Constabulary Center have sued in states around the land, seeking an end to the incarceration of the poor for failure to pay fines. Many of those cases stem from elementary traffic violations.
Typically, failure to pay a ticket will result in increased fines and eventually, in some states, a warrant for arrest for not following court orders. Then the person who could not pay the ticket ends upwards in jail and attributable more money. But being in jail does little for their ability to pay, so upon release they owe more fines and fees, which they may not pay, and the cycle continues.
These cases are distinct from civil debt collections, although in some states the result may be the same. Federal police force prohibits incarceration for debt merely states that permit aggressive collections tacitly permit creditors to use courts to ensnare debtors in a system that can imprison them.
Difficult but Important Distinctions
Although the end result is that people do end upwardly in jail for their debts sometimes, it is important to make the difficult distinctions that the law does. In legal terms, people are incarcerated for disobeying court orders.
This leads to nevertheless another of import betoken, which is court-ordered support. Failure to pay support in a family law case tin likewise country a person in jail. The reason, again, is that in those cases the debt is ordered paid by the court.
Talk to a Lawyer
If you are having trouble paying court-ordered back up, traffic tickets, or your civil debts, become help. Talk to an attorney. Do not wait until it's too belatedly.
Related Resources:
- Browse Criminal Defense Lawyers by Location (FindLaw Directory)
- Scan Family unit Law Lawyers past Location (FindLaw)
- Your Rights Under the Credit Carte du jour Act (FindLaw)
- Loan Workouts and Dealing With Creditors Informally (FindLaw)
Source: https://www.findlaw.com/legalblogs/criminal-defense/can-i-go-to-jail-for-not-paying-a-loan/
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