Most people that find themselves facing jail time over debts have done a little more than just miss a payment. To send you to jail, a warrant needs to be issued by a judge. Debt collectors can't simply demand that the local police arrest you.

In most cases, what happens is that the judge gets upset because the debtor either missed a scheduled court appointment, or missed a court ordered payment. But that isn't always the case.

Debt collectors are bound by the rules of the Fair Debt Collection Practices Act. Additionally, many states have their own version of this law. The act specifically forbids debt collectors from threating to sue unless they actually intend to move forward with a law suit. They can't use profane language, or threaten you personally. That's the good news.

The bad news is that if a debt collector does threaten to have you thrown in jail, then he might actually be serious. That may be the time to speak with an attorney.

According to the Wall Street Journal, an audit of 9 counties allowed them to conclude that since the beginning of 2010, judges have signed off on more than 5,000 such warrants. The practice seems to be especially prevalent in Illinois.

The irony here is that the people who owe the money are usually not paying because they have lost their jobs. Throwing them in jail will make it impossible for them to find a job for, at a minimum, the amount of time they are locked up.

Of course, declaring bankruptcy will end any talk of jail. Once a debtor does this, the court has the power to stop debt collectors in their tracks.

byJim Malmberg

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3.25 Copyright (C) 2007 Alain Georgette / Copyright (C) 2006 Frantisek Hliva. All rights reserved."