Can you go to jail for a debt?

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Professionally Researched. (What's this?)

On One Hand: Debt is Not a Criminal Offense

Being in debt is not unlawful. Even defaulting through nonpayment on many types of financial debt is not criminal. Although colonial America did institute the "debtor's prison" for those with unsatisfied debts, this practice has been prohibited since the 1800s. Creditors must abide by the Fair Debt Collection Practices Act, which prevents unfair or illegal treatment of debtors, such as threatening jail.

On the Other: Legalities Apply in Certain Circumstances

Federal income tax and court ordered child support are governed by law and are not considered like debt owed to creditors. If you willfully default on these you can be penalized though wage garnishment or jail time. Additional legal ramifications can result from debt. Failure to appear in court for a summons regarding a creditor's judgment can result in a bench warrant for your arrest.

Bottom Line

You won't go to jail for owing creditors money, unless you fail to respond to a summons. Some areas of unpaid debt, like willful tax evasion or child support, have legal consequences that are different than owing creditors.

Source:

University of Connecticut:Debtors' Prisons in America: An Economic Analysis

Port Orchard Independant: Port Orchard Theater Owner Pleads Guilty to Tax Evasion

Federal Trade Commission: Fair Debt Collection Practices Act

Lectric Law Library: Bench Warrant Defined

More Information:

Federal Trade Commission: Fair Debt Collection Practices Act

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Can you go to jail for a debt?

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