Legal Question in Criminal Law in California

Re: Jail time instead of the debt?

No jail time for you as debtors' prisons have been abolished long time ago. Collections will harass you and your credit will be damaged, if you do not pay. That is all.

Not paying your debts is not a crime so you cannot pay for it with jail time.

Alternative is to arrange for a payment plan with small monthly payments. They will go for it for sure and you should be able to come up with $400 eventually. This could save your credit if that is important to you.

Very best,

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

Re: Jail time instead of the debt?

Owing money is not a crime. Unless you are being accused of fraud, you don't need to worry about being prosecuted. By the same token, you cannot go to jail for this even if you want to. We don't have debtors' prisons in this country. Even if we did, locking you up would no nothing to get the hospital the money you owe it. It would just be a needless expense for taxpayers and an unjustifiable burden on you.

If you can't pay, the hospital (or a collection agency acting on its behalf) will probably sue you in small claims court. It sounds like the hospital should win, at which point it will have a civil judgment against you. The judgment will likely be for a lot more than $400, as it will include interest and court costs. The judgment will then continue to accrue interest until it is satisfied.

The hospital will be able to enforce the judgment by executing against your assets, attaching your wages, etc. The judgment will also appear on your credit report for a long time.

There are nonprofit agencies that help people deal with debts they can't pay. You may want to consult with one of them.