General Question

Emeraldisles5's avatar

Can you go to jail if you can't pay back loans, such as student loans?

Asked by Emeraldisles5 (160points) November 17th, 2013

Since the economy is still so horrible, and colleges and schools are still pumping out graduates who are lucky to be getting minimum wage, can one go to jail if they can’t make their loan payments, even if they are up front with the lender. Obviously if they are honest, they would not hide it. This terrifies me, because some people who even work part time or full time, still find it is not enough and does not do any good. My mom is in bankruptcy and has a lawyer, the economy terrifies me so much, that I don’t want to end up in my mom’s position, because of medical bills. I am very hesitant with loans, because I see the suicide stories for people who are in tons of debt, and let’s face it the govt. doesn’t care. However, I researched the idea, and the website I visited said debtor’s prison was outlawed in 1833.

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17 Answers

zenvelo's avatar

No, you can’t go to jail. You may end up bankrupt, and you may be in debt for a long time. But you won’t go to jail.

LilCosmo's avatar

No jail, just big bills and a major hit to your credit. One thing to remember with student loans is that they cannot be included in a bankruptcy, so they will be around until they are paid in full. The most important part is to stay in contact with the creditor and let them know your situation.

flip86's avatar

It is possible, but not very likely.

Katniss's avatar

No jail, but they will help themselves to a portion of your paycheck and make it nearly impossible to pay your bills. Motherfuckers.

YARNLADY's avatar

No, but you won’t be able to get credit for anything, or the cost borrowing money, such as a car loan, will be very high.

TheRealOldHippie's avatar

No – we outlawed debtor’s prisons in this country years ago. However, if you can’t pay – as others have pointed out – your credit will take a hit. If you wind up with a minimum wage job and subsistence wages, you need to let your loan creditor know that – most of them will be glad to work with you and even if you only send $25 – 30 a month, it will show you’re at least trying. And, that should stop it from getting turned over to a collection agency – that’s the last thing you want since some of those bastards are mean as hell, will threaten and intimidate you and in general, aren’t nice people. Also, if you fall in arrears, they can grab any tax refund you have coming to you, so stay in touch and make an effort – they’ll probably still take the tax refund, but at least it won’t be turned over to the s-o-b’s at some collection agency.

MadMadMax's avatar

Apply for a hardship Deferment – Your interest will still accrue but you can put off repayment for quite a while. I did some shifting from a state lender back to federal lender and was able to get a hardship deferment renewal.

Everything was ultimately paid in full – but you gotta do what you gotta do.

Economic Hardship Deferment Request – American Student…
www.asa.org/pdfs/federal/economic-hardship-deferment-request.pdf‎
I have been granted an Economic Hardship Deferment on loans made under another federal student loan program for the same period of time for which I am…

Student Loans: Cancellation, Deferment, and Forbearance | Nolo.com
www.nolo.com › ... › Debt Management › Student Loan Debt‎
by Kathleen Michon – in 37 Google+ circles
How to defer your student loan payments, or cancel your loans altogether. ... postponing payments through deferment or forbearance programs (see below) ... in your life—such as returning to school, economic hardship, or unemployment.

A deferment or forbearance allows you to temporarily postpone making your federal student loan payments or to temporarily reduce the amount you pay.

Find out if you qualify for a deferment or forbearance.
http://studentaid.ed.gov/repay-loans/deferment-forbearance

CWOTUS's avatar

Take a breath and try to relax a bit.

Your question comes across with such anxiety and pessimism that you seem on the edge of desperation even now. And that’s apparently without having really looked for a job, but just accepting other people’s word for “how bad it all is”.

No, you won’t go to prison for failure to repay a loan, provided no criminal activity was involved. If you take out “student loans”, for example, and somehow manage to use those funds for other-than-education purposes, then that’s fraud, and you can go to jail for that. There are other ways related to “bad debt” that can land you in prison, but not simple failure to repay or to pay on time, provided no other crime is involved.

If you’re going to be honest with a lender, then aside from the other advice that’s been given, you may also discuss options for paying “interest only” for a period of time until you’re on your feet and can begin paying principal, too. Lenders won’t like it, but they know that they can’t get blood from a stone, too, and they’ll sometimes be able to accept slower payment if it’s a good-faith offer on your part.

But you also need to manage your own life and budget to cut out unnecessary extras and optional payments that you can do without while you’re attempting to repay your loans. That’s what life is mainly about at this point: managing your obligations that you “have to meet” while you manage a budget to make that possible.

You also need to have more direct involvement with the economy in terms of not listening to everyone (especially on television) who wants to tell you “how bad it all is”. If you find a job – any job – and commit to doing it “better than it has to be done” and maintain that attitude then you’ll be a success, period. That’s just as far as “a job” goes. If you’re willing to take on some risk and work even harder – much harder – then you can even start your own business, but you’ll have to look around to see what business makes the most sense for you and for your area. And of course, you’ll need to find a backer for that who’s willing to take a risk with you, or you need to be able to start the business on a shoestring.

This is the American Way, after all.

GrandmaC's avatar

No, we don’t have debtor prison in this country. People in England were thrown in prison for not being able to pay debts. They had to work hard while there, but they didn’t get paid. The only chance they had of getting out was if they had someone on the outside working to pay off the debt.

Charles Dicken’s family went to debtor’s prison. They left Charles out to work in an ink factory until he could pay to get the rest of the family out. Most of his novels are about the resentment he experienced from that experience. It made him a successful and wealthy novelist.

trailsillustrated's avatar

The only debtors that go to jail are people that can’t pay child support.

talljasperman's avatar

No, but they can wait until you collect social security and take as much as they want.

Emeraldisles5's avatar

I’m pretty much suicidal at this point. No help. I’ve accepted that I’m special needs. I’m not selling my body for money.

downtide's avatar

@Emeraldisles5 I have sent you a private message. Please read it and keep safe.

talljasperman's avatar

@Emeraldisles5 Severe mental illness is one of the exceptions when you can get out of paying your student loans. Rejoice.

snowberry's avatar

@talljasperman Can you give us a link for that?

talljasperman's avatar

@snowberry No… I heard the story from watching provincial question period in Alberta, and the Suzie Orman show. She made comments that only severely handicapped people are excused from student loans…

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