Can You Go to Jail For Not Paying Loans?

jail-for-not-paying-loans

The inability to fulfill payment obligations, of course, worries any person. Thoughts that you can go to jail for non-payment are terrifying. But don’t worry too much. 

In most cases, you will not have to worry about going to jail if you cannot pay off your debt. You cannot be arrested or jailed simply for being in arrears on a credit card or loan. However, you still face the consequences.

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Let’s find out, is it possible to go to jail for not paying a loan? 

There are several cases where you can go to jail for not paying debts. These include non-payment of federal taxes and alimony. Intentional non-payment or underpayment of federal taxes can only result in imprisonment if you have been charged and convicted of a tax-related crime. 

Let’s say you filed fraudulent tax returns or didn’t file them at all. You won’t go to jail even if you don’t pay your taxes, but you still file a tax return. Under federal law, you can be sentenced to six months or two years in prison for child support evasion, depending on the circumstances. 

In addition, the judge can send you to jail for disobeying a court order to pay child support.

You cannot be arrested and sentenced to prison for failing to pay your student loan debt. Because student loans are considered “civil” debts, and they are not causative of criminal or administrative punishment.

jail-for-loans

Maybe there are some indirect ways?

It is important to understand and know when debt collectors can and cannot legally seek payment from you. They can only contact you about household debts like credit card bills, medical bills, car loans, student loans, and mortgage payments. They can call you by phone, email, text message, or letter, and since last year also through social networks. 

Within five days of the initial contact with you, the collector must send you a notice stating the amount you owe. The letter also includes your creditor’s name and instructions on how to proceed if you think you are out of debt.

They are prohibited from harassing you, lying to you, or engaging in dishonest activities. For example, debt collection cannot include threatening you or your family, falsely stating that you will be arrested, or threatening to confiscate your property.

Failure to appear for hearings

A subpoena or notice to appear is a court order. If you are nevertheless summoned to court, then do not worry and do not miss the invitation. If you fail to appear as ordered, you will violate a court order and may face serious consequences, up to and including criminal prosecution. 

The judge may issue a warrant for your arrest for failing to appear in the courtroom. You will be taken into custody at any time after the release of the paper. In addition, the judge may impose a prison sentence or a fine if you are found guilty of failing to appear or in contempt of court.

If the court did not previously require you to post bail and released you on bail, the judge might change the terms of your release by imposing bail. You will be required to pay money to the court to be released from custody while your case is pending. 

If circumstances beyond your control prevent you from appearing in court (serious illness, accident, or natural disaster), this may be a defense against a failure to appear.

Respond to court orders

You have two weeks to respond to your claim. If you do not agree that you must pay the debt, you can inform your creditor in your response. You can also consider the option of a plan for coordinating the payment of debts, instead of going to court – many of them make concessions, because they do not want to refer the case to collectors again. In addition to this, you can agree on a partial repayment of an unpaid loan. This means paying in installments.

If you change your place of residence, it is very important that your creditor knows about it. If you do not, he may start legal proceedings without your knowledge.

In the situation, where you nevertheless made it through the process to communicate with collectors, do not make them wait. You have 30 days from the date of the initial report of the debt to call the collector and ask to confirm the debt in writing. Do not say the amount you are ready to pay, let him take the first step. Always go for cooperation.

court-orders

Let’s look at a few examples

Let us tell you a real story about a man who has a lot of debt and suffers from dealing with debt collectors. He did not go to jail for not paying, but he can be a prime example of where rash actions lead.

Jorge (name changed at the request of the person), a 28-year-old father from Texas, has accumulated nearly $50,000 in personal debt in just a few years. Every day he gets calls from the collector service to pay back seven loans he took out in the amount of about $8,000. 

He does not shy away from calls and does not avoid responsibility. To pay off his debt and still provide for his wife and two little girls, Jorge works two jobs and has reduced his food budget, mostly to rice and beans.

He got into debt because of the purchase of an expensive car and timeshares. His credit rating suffered as a result. Before that, Jorge took out a student loan for $17,000, which he had already paid off. Much of what he now owes falls into the ”bad debt” category. 

These are small loans that are easy to take but just as easy to forget to repay. They lead to clients getting into a debt cycle, taking on more and more loans, which is what happened to the hero of this story. Therefore, do not be like him and think about the consequences in advance.

What should I do if I haven’t paid my loan?

There are several ways to close unpaid loan debts. All of them are legal. Let’s say you can borrow money from your friends or family. This is an interest-free offer (unless your close ones are monsters) that will solve your problems in a short time and save you from dealing with debt collectors. Giving to familiar people is easier, and you can stretch this process for a long time.

Another way is to learn how to save. Most of the money we do not notice and waste is utility bills. Invest in environmental friendliness: turn off electrical appliances when you leave the house, do not forget the chargers in the outlet, and buy energy-saving light bulbs. 

Review how much money you spend on your purchases. You may be buying food that you do not eat. Or buy an unnecessary part of the wardrobe, which you never wear later. Download the budget management app. This will help you become financially literate and learn how to save.

Get into passive income. Invest in cryptocurrencies and stocks, rent out real estate and vehicles. Any of these ways will be much better than risking debt and fear that everything will end in arrest and hypothetical imprisonment.

When should I see a lawyer about my unpaid loan?

Do not rush to hire a lawyer if the creditor is suing you. To a large extent, everything will depend on whether the claimant can prove his case against you, how much it will cost you to defend against a lawsuit, and whether he can recover money from you. 

Even if you don’t have your own personal lawyer, any other specialist in debt settlement can help you evaluate the creditor’s case and your personal circumstances to determine how best to resolve the issue.

If you owe the amount that a creditor is demanding in their lawsuit, hiring a lawyer can be a waste of time and money. If you don’t have a defense or counterclaim and the creditor can easily prove his case, you will lose and spend a lot of money on fees and attorney’s fees.

If you have a strong legal defense or a good counterclaim, it might make sense to hire a lawyer. This has the potential to save you money in the long run.

In addition to all of the above, a relatively small claim can grow if the creditor gets a judgment against you. 

He will ask the court to include not only the balance of the debt but also the number of the creditor’s fees, legal costs, and interest. Once a judgment has been issued, interest will continue to accrue on the amount of the judgment until it is paid.

Conclusion

If you answer the question can you go to jail for not paying loans multiple times, then the answer is no. You can pay a lot for your misdeeds and illogical decisions, but the punishment will not be so cruel. 

In order not to bring your debit loans to a disgusting state and court, with the subsequent payment of a lawyer, learn to save money and not take on many credits. Take care of your credit score and future. Do not be afraid to turn to friends for help and advice on the Internet. 

In the twenty-first century, there are many ways to avoid getting into a debt cycle: useful mobile apps on financial literacy and savings, online lectures on paying bills, income redistribution, and communities of debtors like you where everyone can share experiences. Good luck!

FAQ

Are there any penalties for not paying a loan? 

Depending on how long your loan is late, the penalty can take the form of huge late fees, a reduction in your credit score, or even a lawsuit from your lender. Up to 30 days, there is a grace period without penalties. 30 to 60 days: your credit score suffers, and your lender will likely charge you a late payment fee and contact you. 60 to 90 days: the score drops even more, and the lender keeps calling. 90+ days: he is preparing to sue you. 

Is it worth hiring a lawyer if I haven't paid the loan in time?

Depends on the circumstances. Do not rush to hire a lawyer, as this is an additional cost. We have described all the information on this issue in the article above.

Can I pay back my loan after I default? 

You can avoid default by paying off the overdue loan in full, but this is not a practical option. The two main ways out of default are credit rehabilitation and credit consolidation. The first option takes several months, so it will be faster to apply for loan consolidation.

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