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Pay Your Debts Or Go To Jail?

By Cathy Moran

jailed for debt-not

What would you do if you got a tip there was an arrest warrant out because you hadn’t paid one of your bills?

  1. Scrape up the money any way you can?
  2. Get out of town?
  3. Laugh?

The right answer is “laugh”.

In the US we don’t arrest people for owing money they can’t pay.

Yet scammers are out in force, counting on you having slept through civics.  Whether it’s a phone call or an email, the scam works like the email below, received by a colleage’s client.

Case No. ADR59832

We receive Arrest warrant against your name

Kindly call as soon as possible before the court case is file

in order to get a settlement before you have any trouble at

your home or job.

Frank Hamilton

Federal Investigation Department

Juliet, ill, 60431

I stripped out the no-doubt bogus phone number to call for instructions on how to buy off the agent of the “Federal Investigation Department” by sending money.

It would be funny, if it didn’t work so well for the bad guys.

Victimizing the vulnerable

This scam works, often enough to keep it in circulation, because you feel exposed and guilty when you can’t pay your legitimate bills.

The scammers count on exploiting those emotions and generating a bit of terror to part you from your money.

Rest assured, none of that money will find its way to your real creditors.

When arrest is possible

There are a few situations when you can get arrested in connection with your debts.  One is blatant refusal to pay child support or spousal support when you have the ability to do so.

The other instance is only partially related to your unpaid debts.  If a creditor gets a judgment, the creditor can ask the court to order you to appear and answer questions about your assets.

Blow off that court order and you can get arrested.  But what you are arrested for is not failing to pay.  It’s for ignoring a judge’s order to come and testify.

Get immunity from this scam

If you are stressed enough about your financial situation that the threat of arrest for your debts seems real, you need to take steps to solve the underlying problem.

This site and other reliable legal sites can tell you about your collection rights.  A consumer lawyer can help you figure out if bankruptcy or a related remedy will restore your peace of mind.

But don’t be sending your money to the folks at the Federal Investigation Department!

More

How to spot the real tax collector

Excuses not to file bankruptcy

Taxes dischargeable in bankruptcy if….

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Filed Under: Debt Collection Rights Tagged With: arrest, scam, unpaid debt, warrant

About Cathy Moran

I'm a veteran bankruptcy lawyer and consumer advocate in California's Silicon Valley. I write, teach, and speak in the hopes of expanding understanding of how bankruptcy can make life better in a family's future.

Bankruptcy Basics

About The Soapbox

You’ve arrived at the Bankruptcy Soapbox, a resource of bankruptcy information and consumer law.

Soapbox is a companion site to Bankruptcy in Brief, where I try to be largely explanatory and even handed (Note I said “try”).

Here, I allow myself to tell stories and express strong opinions. We dig deeper into how to consider bankruptcy and navigate a bankruptcy case.

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Bankruptcy specialists for individuals and small businesses in the San Francisco Bay Area

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