Can I go to jail for credit card debt?
I owe less than $10,000 dollars in credit card debt. This debt is nearly 3 years old and spread over 5 or 6 cards. I have not worked in two years and have had absolutely no way of paying a payment. I do not draw anything, and I do not own anything. I received a notice saying I am being sued in small claims court for the balance of one of my cards (Capital One) $1,300 dollars. The papers were served to me in Alabama and my mother signed for them. I live in South Carolina now. I sent the papers back, saying I lived in a different county as that was one of the options. I am worrying myself to death because I have no way of paying for this debt. Yes, I was young and stupid and let things get out of control and I got the cards to help get through a tough time, but I had a job back then and made a few payments. Now I have no job, no income of any kind and haven’t had in years and do not know what to do. I do not want to be put in jail but I own NOTHING they can garnish or repossess. I have thought about filing bankruptcy but even that is going to cost me and I just do not have it. Can anyone offer any advice?
CatDad posted: 20 Sep at 2:32 pm
No……….debt is a civil…not criminal matter. They can’t throw you in jail….neither can they send a SWAT team to your residence at 3:37 am to confiscate your personal belongings and your firstborn child.
When you not working and you have no money or assets, then you are “judgement proof.” If they won a judgement, it would let them garnish wages…but if there are no wages to garnish, then the judgement becomes a meaningless piece of paper. Under these conditions, you don’t have to worry about filing for Chapter 7.
Contact your local Red Cross for a referral to the free legal aide society in your area for more guidance. You want to present a hardship case to the court in Alabama….let them know that you live in SC and it would present an impossible hardship to travel to Alabama. Don’t just let this slide….the worst thing you can do is to do nothing…if you do the other side will win a default judgement. You really want to have the venue (location) changed to your home state of South Carolina. You are lucky to live in one of the 4 states that do not allow any sort of garnishment over credit card debts….so it would be to your advantage to have any court proceedings changed to SC.
The Weapon posted: 20 Sep at 3:28 pm
The credit card companies will likely come after you in civil court, that is they will litigate you into oblivion. You won’t see any jailtime, but in all honestly, based on what you have outlined above, bankruptcy looks to be your only option.
You will likely have to file for bankruptcy, however, unless you are not paying some type of child support, you won’t see jail time.
Your best bets are either to find sometype of debt consolidation and you’ll need some form of income to repay the consolidated debt, or bankruptcy.
Madrazo posted: 20 Sep at 4:13 pm
CHAPTER 11 BABY!!!
My Take on It posted: 20 Sep at 4:29 pm
You won’t be put in jail
Capital One will sue you (as will the other creditors most likely) and there will be a judgment that will go on your public record. You may not have a job/assets/income now, but, your creditors are counting on you not living that way for the next 10 years or more. At some point, you will have a job. That is when they will garnish your wages.
But, no, you won’t go to prison for debt. If it were credit card fraud, that is another story, but that isn’t what we are talking about here.
?infiniti? posted: 20 Sep at 4:49 pm
No, consumer debt is a civil matter. You will not go to jail.
Once the creditor gets a judgment against you, they can garnish your wages, seize your bank accounts, and put liens on your property.
Getting a judgment is the easy half of the battle. Collection on the judgment is the other half.
Caveat Emptor posted: 20 Sep at 5:25 pm
For debt…no. For fraud…yes.
Rick B posted: 20 Sep at 5:46 pm
Of course you can’t go to jail for debt!
Why have you been out of work for two years?!?!!? That is crazy. How do you live?
I’d suggest you get a job. ANY JOB and start making some money. Not sure what you did in the past or how much you earned, but it is time to start over and start working.
You say you have nothing they can garnish. Again I ask, how are you living? How do you feed yourself if you have nothing? Makes no sense.
T R posted: 20 Sep at 5:46 pm
the first mistake was sign for the paper second was sending them back to the company now they have a way to harasse you and this they will do but puting you in jail is one thing they will not do. Before that can be done they have to take you to court and file several paper and have a trail and then a judge can put you in jail but with no way to pay they will not take these long drawn out steps. but they are working on you mentally and this is what they want to do is to scare you and it working.
StephenWeinstein posted: 20 Sep at 6:09 pm
It is not worth filing bankruptcy over a $1300 lawsuit.
You do not go to jail for credit card debt. However, once they win in court, their ability to garnish, go after bank accounts, etc., can last for many years, so they might be able to do these things if you get a job or money in the future.
Small claim court does not send anyone to jail, except possibly for contempt (meaning rude to the judge or something like that).
Amarnath C posted: 20 Sep at 6:16 pm
No,not at this juncture.
Try to pay the dues at any cost,for that search for a good job.
All the best.
zzzmama posted: 20 Sep at 6:43 pm
No, its a civil matter only.
There are lawyers who will take you on for free.