Today, many people rely on their credit cards as they allow them to make purchases and square up later. However, the convenience of a credit card makes it all too easy to get out of control and wind up in debt. If you are not able to keep up with what you owe, you may be wondering whether you could go to jail for your unpaid debts. Please continue reading to learn the potential consequences of accumulating credit card debt in New Jersey and why connecting with a knowledgeable Bergen County Criminal Defense Attorney is in your best interest.
Will I Go to Jail for Credit Card Debt in NJ?
Generally speaking, if you find yourself with a pile of credit card bills, you will not face imprisonment. Credit card debt is a civil issue, meaning failure to pay back your debt is not a criminal offense. In the past imprisonment was a common form of punishment for debtors. However, it was outlawed as part of the U.S. legal system in the 1800s as it violated the 14th Amendment.
Under the Fair Debt Collection Practices Act (FDCPA), “the solicitation by a debt collector of any postdated check or other postdated payment instrument to threaten or institute criminal prosecution” is unlawful. Essentially, creditors are prohibited from threatening you with jail time or any other type of legal action they do not otherwise intend to take for unpaid credit card debt. This doesn’t necessarily mean you cannot face other legal and financial consequences for unpaid credit card debts as you are not completely shielded against other types of collection actions.
What Can Creditors Do if I Don’t Pay?
If a collection agency cannot collect a debt, they can sue you for the owed funds. Once creditors have taken civil legal action against you, you must file a response and attend your court date. If the collection agency wins the case, the court can order you to pay the debt, plus attorney fees and collection costs. The court could also allow the debt collector to garnish your wages or bank account, or even place a lien on your property. If you fail to appear or respond, the judge will make a default judgment and rule in favor of the debt collector. Therefore, it’s in your best interest to enlist the help of an experienced attorney, who can provide you with quality legal representation.
At The Law Office of Carl Spector, we are prepared to help you navigate your legal options and begin the process of tackling your debts. Connect with our dedicated legal team today to learn how we can assist you during these challenging times.
