I'm just in a pondering mood. The person can't be obligated to pay, by the same due dates as normal, can they/are they?
2006-09-16 13:46:30 · 6 answers · asked by perfectlybaked 7 in Politics & Government ➔ Law & Ethics
When someone is in prison, there's not much a creditor can do. Usually, they threaten the debtor and say "I'll sue you and garnish your wages" but a person in prison makes what? $2 a day if they're lucky and have a job in the prison laundry or whatever?
Now, if the person will be getting out soon, then the credit card company may want a judgment (the court order that says they are entitled to the money) and sue so they can start to garnish as soon as the prisoner gets out and gets a job but, face it, some companies will just write it off as a "bad debt." It appears on the prisoner's credit history but, face it, the prison time is a worse mark on their history than any debt.
Laws vary from state to state so please don't construe this as legal advice but, since you're in a pondering mood, thought I'd confirm your initial guess. You're right, they can't be made to pay and the usual creditor rights (or threats) don't get creditors far when someone's in prison.
The obligation to pay remains but the creditor can't enforce it effectively. Family and friends have NO obligation to pay unless, as it is in some states, your spouse has to pay (example: community property states, even if you ran up the bill and now are in prison, your spouse has to pay).
2006-09-16 13:53:33 · answer #1 · answered by Anonymous · 2⤊ 0⤋
A friend of mine went thru this (went to jail for 18 months or so).
When he got out he wrote the credit card company and (without exactly saying that he was in jail) said that he was wanting to start making payments.
It won't stop the nasty calls (that's a computer list, a script and a low-paid person from India) it will start fixing a problem.
2006-09-16 20:56:21 · answer #2 · answered by geek49203 6 · 0⤊ 0⤋
Generally, unless the person makes special arragements, yes the obligation to pay remains.
Some states may have laws that pause (toll) the interest and penalties, but that would be dependent on the specific state.
2006-09-16 20:50:29 · answer #3 · answered by coragryph 7 · 0⤊ 0⤋
It seems to me people are obligated to pay their bills no matter the circumstances. Although there are hard luck circumstances that credit companies will adjust payments due dates and amounts as long as debters inform them of this.
2006-09-17 02:35:53 · answer #4 · answered by goldengirl 4 · 0⤊ 0⤋
Why not? If I loan someone money, I expect them to pay me back no matter what. Just because you are taking a vacation courtesy of society, it doesn't alleviate your responsibilities.
Have you read the fine print? Does it say, "If you are put in jail, then don't bother to pay." No, you have family or friends make the payment for you.
2006-09-16 20:51:45 · answer #5 · answered by something 3 · 1⤊ 0⤋
Probably not, but I bet the interest will accrue while they're locked up. After all, people get fined for not being able to pay, say a parking ticket or a TV licence. The law doesn't seem to be overly sympathetic to debtors.
2006-09-16 20:54:51 · answer #6 · answered by Anonymous · 0⤊ 1⤋