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Q: will one go to jail for not paying credit card debts? ( Answered 4 out of 5 stars,   5 Comments )
Question  
Subject: will one go to jail for not paying credit card debts?
Category: Business and Money > Finance
Asked by: shnneedanswer-ga
List Price: $30.00
Posted: 12 Sep 2005 22:51 PDT
Expires: 12 Oct 2005 22:51 PDT
Question ID: 567437
One of my friend stayed in the US for a couple years. When he left the
States one year ago, he did not pay off the credit card balance (He
was short of cash at that time). The total amount was about $15,000.
Now he wants to go back to the States (he is not a US citizen). So I
want know if it is safe for him to go back to America? How can he know
if the credit card company has sued him or not? if sued, will he go to
jail for this?
Answer  
Subject: Re: will one go to jail for not paying credit card debts?
Answered By: tutuzdad-ga on 13 Sep 2005 17:35 PDT
Rated:4 out of 5 stars
 
Dear shnneedanswer-ga;

Thank you for allowing me an opportunity to answer your interesting
question. Keep in mind our disclaimer below that we do not provide
legal advice in this forum. What I am showing you is information that
is published on the subject freely accessible to the public:

Outstanding (unpaid) debt is a civil matter in the United States for
which one can be sued in civil court but over which the police
(enforcers of criminal law) have no jurisdiction. Only in the event
that your friend defrauded someone or misrepresented himself in some
way would his actions be considered criminal.

??credit problems are a civil matter??
FIRST STONE ? THE CREDIT MASTERS
http://www.consumerfightback.com/info.html

?Remember, being in debt is not a crime...?
DEBT AND CREDIT TIPS
 http://www.debt-and-credit-tips.com/

?"Debt collectors are growing more outrageous in their collection
efforts," Exton lawyer John Ralston Woodruff told the group. "We're
seeing this as an epidemic." "They will tell you they'll put you in
jail. Well, there hasn't been a debtors' prison since 1850. You can't
go to jail for being in debt," he said.?
AS BILLS PILE UP, JOBLESS WEAR DOWN; COPING WITH COLLECTORS CAN CRUSH SPIRITS
http://www.freerepublic.com/focus/news/857568/posts

?An even more aggressive, and scarier, tactic than the threat of a
lawsuit is the threat of going to jail. And it's becoming very common.
You can't go to jail for being in debt. Of course if you commit fraud
that's a different matter but there is no debtor?s prison.?
I HATE DEBT
http://www.ihatedebt.com/DirtyCreditorTricks.html

?We don't put people in prison for being in debt.?
ABOUT REFINANCING MORTGAGES
http://www.aboutrefinancemortgages.com/mortgage/bad-credit-mortgage.html



The creditors however could have sued him in civil court and there
might be a hefty judgment against him ordering him to repay the debt
(and also any accumulated legal fees, etc associated with the
lawsuit). While it may be possible for authorities in some
circumstances to seize his property with a court order demanding his
property be seized and auctioned in order to satisfy his debt, his
actual debt is not considered a crime and will not likely land him in
prison.




I hope you find that my research exceeds your expectations. If you
have any questions about my research please post a clarification
request prior to rating the answer. Otherwise, I welcome your rating
and your final comments and I look forward to working with you again
in the near future. Thank you for bringing your question to us.

Best regards;
Tutuzdad ? Google Answers Researcher


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Credit

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Crime

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Prosecution

Debt

Prosecuted

Request for Answer Clarification by shnneedanswer-ga on 14 Sep 2005 04:35 PDT
Dear researcher,

You gave an answer to the general question that if one will go to jail
for not paying debt. But I want to know how I can find out if my
friend, given his specific circumstances, was sued by the credit card
company. If not sued, of course he will not go to jail. If sued, (I
guess the credit card company will win the case automatically given
the absence of my friend), the decree(verdict) of the court itself
tells if my friend will go to jail or not. So I think what I really
want to know is that where I can find out whether the credit card sued
or not. Is   this kind of information publicly available?

Clarification of Answer by tutuzdad-ga on 14 Sep 2005 08:18 PDT
>>> You gave an answer to the general question that if one will go to
jail or not paying debt. But I want to know how I can find out if my
friend, given his specific circumstances, was sued by the credit card
company. If not sued, of course he will not go to jail.

As I said, even if he WAS sued he would not face jail time for being
in debt unless he committed a crime in the process. As long as he did
not commit a crime, failing to pay debt is not a criminal offense in
the US. It is a CIVIL issue.

>>> If sued, (I guess the credit card  company will win the case
automatically given the absence of my friend)?.

Yes, that is a likely scenario. Often, when a person is sued civilly
and they do not appear or otherwise fail to answer the summons, they
lose be default (for being absent).

>>>. . .the decree(verdict) of the court itself tells if my friend
will go to jail or not.

You must understand that a CIVIL COURT does not render a VERDICT. That
is a term used in CRIMINAL COURT. A civil court issues a JUDGMENT for,
or against, a defendant. One does not go to jail for having a judgment
against them.

>>> So I think what I really want to know is that where I can find out
whether the credit card sued or not. Is this kind of information
publicly available?

There are several ways to find out know if a judgment has been
rendered against your friend:

-- He can contact the creditors and ask them

-- He can check with the clerk of the court in the jurisdiction where
he lived at the time, and if a judgment was filed against him there he
can get a court record of it

-- Or, he can choose the most confidential method of request a
personal credit report. If a judgment was entered against him it will
probably be on his credit report.

Here are some resources that will help you both understand the process
ofobtaining a confidential credit report.

GOOGLE
?HOW TO OBTAIN A CREDIT REPORT?
://www.google.com/search?hl=en&q=how+to+get+a+credit+report

I hope this helps. I look forward to your rating and final comments.

Regards
Tutuzdad-ga
shnneedanswer-ga rated this answer:4 out of 5 stars

Comments  
Subject: Re: will one go to jail for not paying credit card debts?
From: scriptor-ga on 13 Sep 2005 05:32 PDT
 
Of course he will face punishment if he comes to the USA. After all,
he is a criminal. Why should American law enforcement authorities not
arrest him and put him to trial?

If I were him, I'd contact the credit card company, humbly ask them
for an out-of-court agreement, repay the debt with interest and hope
that they are generous. Otherwise, he must expect to get the
punishment he deserves for the criminal fraud he committed.

Scriptor
Subject: Re: will one go to jail for not paying credit card debts?
From: inventfit-ga on 13 Sep 2005 07:27 PDT
 
No debtors prison in the USA.  Your friend is in the same boat as most
Americans, in debt!  However, if he wishes to pursue further credit,
he may be denied.  Having debt will not keep him out of the USA.
Subject: Re: will one go to jail for not paying credit card debts?
From: elids-ga on 13 Sep 2005 07:48 PDT
 
Exactly, there is no prison term for unpaid debts in the US. If he has
any valuables, if he opens a checking account or ever attempts to buy
anything of value in the US that may be subject to a lien but there is
no prison term for unpaid unsecured credit debt.
Subject: Re: will one go to jail for not paying credit card debts?
From: elids-ga on 13 Sep 2005 07:54 PDT
 
Ooops there is one caveat, if he falsified information on his original
credit application then yes he may go to prison, not for the unpaid
debt, but for the false information given in order to obtain credit.
Specially if the victim can prove intent to defraud.
Subject: Re: will one go to jail for not paying credit card debts?
From: iwanttorun-ga on 02 Jul 2006 22:55 PDT
 
The thing is when your friend apply for visa to US, the staff at the
embassy probably look at your court data and your friend will not be
granted the visa.
If you already out from tiger mouth dont ever try come back again!

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