When people have a legal problem, the thing they fear the most (rightfully!) is going to Jail.  Over 100 years ago in England , there were “debtors’ prisons”, back in the time of Charles Dickens.  But, in modern American law, debtors’ prisons have been abolished.  So, you cannot go to jail just for not paying your bills. 

That doesn’t stop bill collectors from jumping on peoples’ fears, just to try to squeeze more money out of them, so their company gets money.  Many bill collectors will mention the threat of Jail just to scare people.  So I get plenty of clients who still come to my office with that fear.

But, that’s not to say that going to Jail is impossible.  In Illinois, after creditors (companies you owe money to) sue someone and get a judgment (a court order saying that they are entitled to a certain amount of money), those creditors can try to enforce their judgment.  One of the things that they can do is serve a “Citation to Discover Assets”.  Once you get one of these documents, you are required to go to court, and tell the Judge and the creditor’s attorney where you work, where you bank, and everything about your financial situation.  This is so they can start to garnish your wages or sieze your bank account.  When you get one of these documents (or any court document for that matter), you need experienced legal advice.  Because, if you don’t go to the court hearing, you CAN be arrested and go to Jail.

The moral of the story is that you won’t go to jail just for not paying your bills, but, you need to be careful and pay attention to the legal documents you get along the way, and call an experienced bankruptcy attorney.   Call us if you have any questions, or need to know what to do in your situation.

Daniel J. Winter
LAW OFFICES OF DANIEL J WINTER
53 W. Jackson Boulevard
Suite 725
Chicago, IL 60604
312-789-9999
djw@DWinterLaw.com

Other Bankruptcy Lawyers from around the country are also writing their J in the Bankruptcy Alphabet: