. . .fighting for the consumer one case at a time.
The Jump Law Group
FDCPA
Fair Debt Collection Practices Act
The debt collector said I'm going to jail! Is this true?
Yes and No. Washington law and American laws in general disfavor debtor's prison.
You cannot go to jail for not paying a debt. So when you get sued by the creditor, the most they can get from you is a money judgment for the amount you are alleged to owe.
However, it is possible to have a warrant issued for your arrest in which case you could end up in jail. But before you panic, read on, because the chances of you going to jail are pretty slim.
If I can't go to jail for not paying my debts, why did you say, Yes and No?
While you can't go to jail for not paying your debts, you can go to jail for not showing up to Court. Here is how the process works. You are originally served with a summons and complaint. You must respond within 20 days or a judgment will be entered against you by default. Approximately a month will go by. The creditor will move for either a writ of garnishment to levy your paycheck, or they will file a 'Motion for Supplemental Proceeding'. This is where they bring you to court to ask you questions about who you work for and where your bank accounts are.
If you fail to appear for that hearing, the Judge will issue a warrant for your arrest. The Judge will typically set bail for the amount of money that you owe to the creditor. So, you get arrested and to be released, you have to pony up the bail amount. So, while you can't go to jail for not paying your debts, you can go to jail for not showing up to court. Still, jail is jail and the reason you are in jail is beause some creditor decided to push the envelope with you.
So it's OK for the debt collector to tell me I'm going to jail?
NO! It is most decidedly not OK for the debt collector to tell you that! The debt collector is trying to coerce you to pay your debts by threatening something he or she has no ability to threaten! You haven't been sued, the debt collector hasn't won, and you haven't failed to show up at Court! So, the threat to go to jail is still and FDCPA violation as well as downright mean, so don't sweat it. The law is the law and in this case, it is on your side. Debtor's prisons are an atrocity and we would do well to remember just how bad they were.
If the debt collector threatens me with jail, what should I do?
Get the name and number of the debt collector and who he is working for. Call us right away and we'll deal with the situation for you.
253 479 0241
Kent and Davenport, WA
(253) 479-0241
(509) 725-1130
