Legal Question in Credit and Debt Law in Georgia
is it legal to arrest folk for bills or unpaid debts, if so, what states and how is this fair?
3 Answers from Attorneys
Not really. You may be referring to a recent article about "debtors prison" coming back. You can be jailed for failing to answer court orders relating to debt cases (just like failing to answer court orders in ANY type of case). It is rare and usually occurs when someone repeatedly ignores a court order to pay, appear, or answer. Most creditors would not waste the time and legal fees to pursue you this hard - they would rather have their money. If your debt situation has you worried about being arrested, you may want to consult with an attorney who specializes in debtor defense or bankruptcy.
No attorney is going to give you a rundown on the laws of every state for free. Do your own homework or pay for the research.
I have heard of a few states where post-judgment, a debtor can be summoned to court to answer questions and get a payment arrangement set up. If the debtor ignores this summons, then a warrant can be issued for the debtor's arrest. New Hampshire and Massachusetts come to mind.
However, this is not the law in Georgia, which has wage garnishment. Nor is it the law in PA or NC where I am also licensed.
But I have read reports of debtors being jailed in mid-western states. Here are links to a few articles:
http://www.startribune.com/investigators/95692619.html
http://www.huffingtonpost.com/2011/12/12/illinois-debtors-thrown-i_n_1144093.html
http://thinkprogress.org/justice/2011/12/13/388303/the-return-of-debtors-prisons-thousands-of-americans-jailed-for-not-paying-their-bills/
http://finance.yahoo.com/blogs/daily-ticker/return-debtors-prisons-collection-agencies-now-want-deadbeats-172417607.html
Georgia doesn't do it. I can't speak to every other state.