go to jail for credit card debt

[alrtigger4]

What is the name of your state? New York
Hello,
I just got off the phone with a collection agent that says if i do not pay them what they want that they will get a judgement and after we go to court that i can be arrested by the court and put in jail.

Question:
Can you be put in jail for credit card debt after a judgement?

 

[enjay]

Absolutely not, and it's illegal for you to be threatened with something they cannot do.

 

[truly]

The time you took to find this website, post 2 messages and wait for responses you really could have called your creditors and begun repayment! I'm not being mean, but come on, your limit was $200 3 years ago...if you made the bill, pay the bill.

 

[JETX]

Absolutely not,

Actually, that is not correct. There are some situations where a debtor can be placed in jail.....
Example: After obtaining a judgment against the debtor, creditor notices debtor for 'debtor exam' or other post-judgment actions (Request for Production, Interrogatories, etc.) and debtor fails to comply. Creditor then requests and gets court order for the debtor to comply with the valid requests of the creditor. Debtor still refuses and creditor gets Order of Contempt from the court and arrest warrant is executed on the debtor..... placing him in jail until such time as he/she agrees to abide by the order of the court.

and it's illegal for you to be threatened with something they cannot do.

That is true. And though it is distinctly possible that this low-life, bottom-sucking debt collector is in violation of the FDCPA in threatening this action, it is just as likely that the collector would assets some 'confusion and misunderstanding' on the part of how/what the collector may have said it.

 

[I AM ALWAYS LIABLE]

Actually, that is not correct. There are some situations where a debtor can be placed in jail.....
Example: After obtaining a judgment against the debtor, creditor notices debtor for 'debtor exam' or other post-judgment actions (Request for Production, Interrogatories, etc.) and debtor fails to comply. Creditor then requests and gets court order for the debtor to comply with the valid requests of the creditor. Debtor still refuses and creditor gets Order of Contempt from the court and arrest warrant is executed on the debtor..... placing him in jail until such time as he/she agrees to abide by the order of the court.

MY RESPONSE: Actually, Enjay was correct. In the scenario you describe, above, it's no longer about the "debt" - - it's about the "contempt of court", and that's when a debtor can be jailed as you noted.

However, assume for the moment, that the judgment debtor complies with all court orders, and despite the information received through discovery and a "debtor's hearing", the judgment debtor STILL continues to ignore paying the judgment itself, or switches accounts, or doesn't put any money in his accounts to be levied against, or hides his funds, or is receiving day-to-day living expenses from an uncle, the judgment debtor WILL NOT, and CANNOT, be jailed for failure to pay the judgment debt.

IAAL

 

[JETX]

IAAL, of course I agree with you that the debt itself would not be the cause of incarceration.

The original question was "Can you be put in jail for credit card debt after a judgement?" and my answer was more to the response "Absolutely not" by Enjay, when clearly there is a way that a failure to pay a judgment COULD lead a debtor to be put in jail "after judgment". That is why I tried to detail the long involved process that could arise to that circumstance.

And yes, I have had a few occasions where I have had a debtor enjoy 'three hots and a cot at the county hotel' for failing to respond to the proper legal process of enforcing a judgment.

 

[I AM ALWAYS LIABLE]

My response:

Ooooooh, I love "stretching that rubberband" of logic too! There are, oh so many, different scenarios or possibilities. But, presuming our writer is not sophisticated with the law, I think her statement could be stated simplistically as a question of whether she can be jailed at all - - just for having a judgment against her; i.e., as the judgment is handed down, that the bailiff will walk over to her and slap handcuffs on her, leading her directly to Riker's Island Prison. I have a feeling that was what she meant by her question.

IAAL

 

[JETX]

And of course, I agree with your assumption.

As noted in my previous response, my 'far fetched' reply was more in response to the terse "Absolutely not" answer by enjay (when it is POSSIBLE) then it was in response to the specific question asked.

Kind of like asking "Can I get killed by a bear inside a courtroom in Burbank?". The answer would, of course, be no..... but there could be some specific UNUSUAL circumstances where the answer could be yes.
And infinitely more likely if you are the prosecutor in a murder trial where the defendant is named "William Bear" and he manages to grab a weapon from the bailiff!!

 

[I AM ALWAYS LIABLE]

My response:

You're in good, funny, form today JetX.

Always nice to discuss points of law with you - - and their many tentacles of possibilities!

IAAL

 

[alrtigger4]

The time you took to find this website, post 2 messages and wait for responses you really could have called your creditors and begun repayment! I'm not being mean, but come on, your limit was $200 3 years ago...if you made the bill, pay the bill.

Yes i did make the bill and i am paying the bill. I was just 18 and got in over my head the 200 dollar card wasnt the only one. Now i know better, i guess you really do learn from your mistakes

 

[alrtigger4]

Absolutely not, and it's illegal for you to be threatened with something they cannot do.

I didnt think they could but just in case i sent them the minimum they wanted not to take it to the judgement

 

[alrtigger4]

My response:

You're in good, funny, form today JetX.

Always nice to discuss points of law with you - - and their many tentacles of possibilities!

IAAL

Hello,
What i need to know is what i am suppose to do so they cant charge me with contempt. I did pay them the minimum they wanted, the debt was 200.00 card but now it is 1078.00. They said if i gave them 179.79 now i could pay 539.00 but i couldnt so i paid 50.00 and now i have to pay the whole 1078.00. I cant believe a 200.00 card went up to 1078.00.

 

[Ladynred]

Expect them to use that threat again down the road when they start demanding more money because the minumum is 'not enough' and they have to have more. Don't think you're done with them - and their illegal threats - yet.

 

[alrtigger4]

Expect them to use that threat again down the road when they start demanding more money because the minumum is 'not enough' and they have to have more. Don't think you're done with them - and their illegal threats - yet.

I wish i could just pay them off to get rid of them but i dont have1078.00 if it was the 200 that i originally owed i could. what is the SOL in new york?

 

[JETX]

what is the SOL in new york?

The SOL for a credit card debt in New York is six years.