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Credit cards issue (unable to pay my credit card bill)

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  • Credit cards issue (unable to pay my credit card bill)

    Is there any way I can go to jail for being unable to pay my credit card bill?

    Kindly advice

  • #2
    re: Credit cards issue (unable to pay my credit card bill)

    I wish to inform you that you cannot be sent to jail for credit card default. In this regard credit card is a civil matter and no criminal action can be started in this regard. However if there is a check which has been provided to credit card company and which is dishonored then under Section 138 of Negotiable Instruments Act imprisonment can be done. Hence if there is no dishonor of check then you will not be liable for imprisonment.

    AFF

    Comment


    • #3
      re: Credit cards issue (unable to pay my credit card bill)

      Originally posted by goyal kanda View Post
      Is there any way I can go to jail for being unable to pay my credit card bill?

      Kindly advice
      That depends upon where the credit card bill was contracted and where you currently are residing today.

      Your flag says India. Presuming you are in India, the Madhya Pradesh Protection of Debtors Act, 1937 was enacted to protect debtors from imprisonment for debt, among its other provisions.

      If in the United Arab Emerites, then, yes, you can be imprisoned for failing to pay a civil debt like credit card bills.

      Ditto for Hong Kong where they can go as far as life imprisonment for failing to pay a debt.

      In Germany one can be imprisoned for failure to pay a contractual obligation, like a debt.

      In the U.S. every state can sentence to jail for failure to pay a court fine or wilfull failure to pay child support, but not for other civil contractual debts like for credit cards.

      I trust this answers your question.

      Comment


      • #4
        re: Credit cards issue (unable to pay my credit card bill)

        Originally posted by Friend In Court View Post

        In the U.S. every state can sentence to jail for failure to pay a court fine or wilfull failure to pay child support, but not for other civil contractual debts like for credit cards.

        .
        In Ohio our Constitution forbids inprisonment for a civil debt UNLESS in cases of fraud in the mesne or final process.

        Oddly enough, we also have laws that privilege a person from civil arrest on this theory, as long as statutory exceptions are met, they are going to, coming from or attending a worship service, etc., Akron v. Mingo. The must be arrested AFTER the fact.

        This is similar to the privilege of arrest for congressman, going to vote, but that also applies to civil arrest.

        Although it is briefly cited in the famous 4th AM SC case out of Texas, Atwater, I researched it before, as Mingo thought the privilege extended to criminal arrests also.

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