Credit cards can be convenient and beneficial tools in everyday life. You can use them to purchase items and pay for them later, build your credit score, and more. However, it is all too easy to get out of control and go into debt. If you are in credit card debt you may be panicking, wondering what the possible consequences may be. Many people with credit card debt wonder if they will find themselves in jail for their unpaid debts. For more information and representation during a civil lawsuit, reach out to an experienced Bergen County lawyer today.
In general, no, you will not face imprisonment for credit card debt. Credit card debt is a civil issue and failing to pay back your debts is not a crime. Although imprisonment was once a common form of punishment for unpaid debts, it was outlawed in the mid-1800s.
According to the Fair Debt Collection Practices Act, “The solicitation by a debt collector of any postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution” is in violation of the law. In simpler terms, debt collectors are prohibited from threatening individuals with prosecution or jail time for their credit card debt.
Though debt collectors cannot throw you in jail for not repaying your debts, they can sue you for the money. Once you have been sued it is crucial that you take it seriously. File a response and attend your court date with representation. If you fail to appear or respond the court will make a default judgment and rule in the favor of the debt collector.
If a default judgment is made against you the debt collectors may be granted the right to obtain payment by garnishing your wages, taking fees from your bank accounts, or taking action against your personal property.
If you are in credit card debt and cannot afford to pay you will likely face legal proceedings. It is crucial that you obtain the help of an experienced attorney during this process. You have various rights and legal options available but it is important that you understand the choices you have. If you are sued for unpaid debts, a skilled lawyer can examine the details of your situation and determine the best course of action. They will create a defensive strategy and help guide you through the legal process.
Reach out to a skilled attorney from the Law Office of Attorney Conway today to discuss your situation and begin the process of tackling your debts.
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