Texas Consumer Law & Debtor's Rights Blog

The Minnesota Star Tribune has written a very intriguing article regarding a new tactic by some debt collectors, having a warrant issued for the arrest of debtor for failure to comply with some court order.  The link to the article is posted below.   In my opinion, this is just another “distasteful” practice being employed by the debt collection industry.  The article illustrates how debt collectors are attempting to use local law enforcement and courts to coerce debtors into payment of debts.   Debtor’s prisons are unconstitutional and were abolished.  However, debt collectors have found a subtle procedural avenue to skirt their way around this prohibition against debtor’s prisons.   Technically, the debt collectors are not having debtors placed in jail for the debts per se.  The debtors are being arrested and jailed for failure to appear to a court appearance or for contempt for violating a court order.  So in the end, the debt collector is really getting the same result or benefit as a debtor’s prison.  Once again, this story should illustrate why it is important for any debtor that receives a lawsuit or notice from a court of law regarding a debt to not ignore it.  More importantly as I have stated in other blog posts, a debtor should never let a debt collector or creditor obtain a default judgment against the debtor in the first place!!!!

In jail for being in debt | StarTribune.com.