Can You Be Arrested for Debt?

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Can You Be Arrested for Debt?
You typically can't be detained for debts, but only sued, but in some states, you may be charged in the event of not complying with a court-ordered judgment.
By Sean Pyles Senior Writer | Personal financial and credit, and personal finance Sean Pyles leads podcasting at NerdWallet as the producer and host of the NerdWallet's "Smart Money" podcast. On "Smart Money" Sean talks with Nerds from the NerdWallet Content team to answer the questions of listeners about their personal finances. With a focus on thoughtful and practical money tips, Sean provides real-world guidance that can help consumers better their financial lives. In addition to answering listeners' financial concerns on "Smart Money" Sean also interviews guests outside of NerdWallet and produces special segments on topics such as the racial gap in wealth as well as how to get started investing and the history of college loans.
Before Sean was the host of podcasts at NerdWallet, he covered topics concerning consumer debt. His work has appeared in USA Today, The New York Times and other publications. When Sean isn't writing about personal finances, Sean can be found playing in the garden, taking runs and walking his dog for long walks. He lives within Ocean Shores, Washington.





Aug 5, 2021


Editor: Kathy Hinson Lead Assigning Editor Personal finance, credit scoring, debt and money management 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. Previous experience included copy and news editing for many Southern California newspapers, including the Los Angeles Times. She graduated with a bachelor's in journalism and mass communications in the University of Iowa.







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You can't be arrested just because you owe money on what you might consider as consumer debts: debt on your credit card or loan or medical bill. Legally, you can't even threaten you with arrest. But they do have other legal recourses for you, like suing for payments.
In some rare cases the kind of debt can result in arrest for other charges, such as theft, fraud or defying a court order.
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The threat of arrest made by collectors are not legal
At one time, people were able to be imprisoned because they owed money, but debtors' prisons were illegal within the United States since the mid-1800s.
In addition, the legislation of 1977 bans debt collectors from making threats or deceiving consumers, and that includes threats of arrest. In addition to rules on what debt collectors are allowed to say they can say, the law restricts how they can communicate with you.
But debt collectors may also utilize the legal system.
The debt collectors aren't able to be arrested however they may pursue you for payment which is often their most effective legal recourse. Many thousands of civil lawsuits over debt are filed annually even with no evidence to confirm the amount due and who has to pay it.
Less than 10% of debtors are represented by an attorney when being sued for debt. A lot of people don't respond to lawsuits in any way, usually resulting in an unpaid judgment which could lead to , a bank levy or either.
If you're sued, by default.
If you are served with a court summons, do not ignore it. Often, simply attending the courthouse in order to prove that they have sued the correct person in the proper amount can dismiss the case or get it reduced to less.
Legal loopholes can lead to the arrest of a suspect
There are a couple of situations where aggressive creditors could use legal loopholes to obtain or threaten arrest for debt-related issues:
In about one-third of states, debtors could be detained in the event of their failure to adhere to a court order which was the result of a lawsuit. Also that a debtor was dismissed from the court case or didn't appear, was ordered to pay, but failed to. The arrest was for a defiance of the judge, not being in debt.
Certain payday lenders pursue or threaten arrest if a consumer's payment check bounces and they typically claim that the check was fraudulently written.
Rent-to-own furniture businesses sometimes enforce the consumer who fails to pay but refuse to take back the furnishings.

What you can do
If you're being hounded by an aggressive debt collector:
Be skeptical Be sure to verify the facts to determine whether the debt is yours and the exact amount, by .
Stand your ground Beware of being pushed into a hasty decision. Take the time to figure out the best method to proceed .
Stand up your rights: Contact debt collectors who are harassing you to the .
>> MORE:



Author bios: Sean Pyles is the executive producer and host for the NerdWallet's Smart Money podcast. His work has appeared in The New York Times, USA Today and elsewhere.







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