Legal Question in Credit and Debt Law in Massachusetts

Will I go to jail?

I applied for a loan in 2005 with a co-signer and was approved for $3,600.00. This loan was a private student loan.

I lost my job in Jan. of 2006 and have been unable to pay my monthly fee ever since. I haven't heard anything from the

loan company until I received a debt collection notice from a Massachusetts law office. Now I owe nearly $9,900.00! Huh?!?

Regardless, the debt collector is saying that he (the attorney) is going to take me to court.

I live at my family home owned by my parents and solely occupy the 3rd floor. I own no real property. I don't even have a vehicle anymore. I have to rely on friends to drive me places OR I have to take public transportation.

I have no bank account or any type of savings either. Am I going to go to jail when I am sued because I have no means to pay whatever judgement the court enters against me? Meaning that if I am unable to pay, or make payment arrangements until

I get a job, will the judge order me in contempt or something and put me in jail?

The co-signer is unreachable and doesn't have any money either. The co-signer is on SSI and Veterans Assistance and gets probably $1,000 per month and all the money goes to her rent and food.

Am I going to jail?


Asked on 11/28/07, 8:16 am

1 Answer from Attorneys
JOHN TATOIAN LAW OFFICE OF JOHN A. TATOIAN ESQ.*Licensed Only in Massachusetts

Re: Will I go to jail?

It is patently unconstitutional to incarcerate a debtor due to his or her demonstrative inability to pay a civil debt or judgment. There is a procedure under Massachusetts law which allows a judgment creditor (the person to whom the money is owed) to petition the Court to hold a judgment debtor ( the person who owes the money) in contempt of court based on his or her willful failure to respond to a civil supplementary process proceeding or if the Court determines the debtor is willfully failing to honor a court ordered payment schedule despite having an ability to do so. In sum, you probably aren't going to jail, but you should contact an attorney to assist in settling this purported debt.

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Answered on 12/14/07, 11:40 am


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