Legal Question in Credit and Debt Law in New York
going to jail?
Lasy november i was sued for not paying money I owed to an ex-roommate and lost the case. I have been unemployed since then and have been unable to pay the money to him. Recently he called me and said i would go to jail if i didnt begin paying him immediately. Is this possible or is he just threatening me?
2 Answers from Attorneys
Re: going to jail?
Debtors prisons are as dead as Charles Dickens! The ex-roomate is bluffing, just threatening you. A debtor CANNOT be jailed merely because (s)he cannot pay he(r) debts.
Of course, a long time ago, at least in England, there were debtors' prisons where those who were unable to pay their debts were incarcerated. (For example, one of the important characters in Charles Dickens' David Copperfield, the character played by W.C. Fields in the movie version, is incarcerated in debtor's prison.)
However, in the twenty first century New York, you cannot be imprisoned for failing to pay money owed.
Re: going to jail?
You cannot go to jail for unpaid bills. In fact, your friend may be breaking the law by threatening you with jail. THe judgment that was entered against you will remain active for 20 years, growing each year because of the interest that is added (9% per year). Many judgments are never paid. Your personal assets are safe, the law prevents your stuff from being sold and/or taken to satisfy judgments. Basically, if you don't have any property (like a car or a house), a bank account or a job you are judgment proof...