Legal Question in Bankruptcy in Massachusetts

I am having trouble paying my bills and collectors are calling can I get arrested?


Asked on 11/03/09, 7:57 pm

1 Answer from Attorneys

Daniel Gindes Law Office of Daniel Gindes

Hi:

I am really sorry to hear about your financial problems, especially if you are worrying about arrest, which I know is extremely stressful. Here is the answer- you can never be arrested for having debt. The only times "arrest" takes place is when or if you commit contempt of court by failing to appear in court after a valid court order to do so. Even then, it is not really a criminal arrest, and usually just by showing up the contempt is lifted.

We don't need to get that far however. Just keep straight any court dates you have, and attend court whether or not you can pay. That way you will never be in contempt. Alternatively you could consider bankruptcy- which is what I do, in order to get rid of most any judgments and/or debts you have for good.

By the way- if any debt collector tells you he/she is going to have you arrested, contact a good lawyer because this alone gives you a claim for damages against that collector.

Dan Gindes

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Answered on 11/10/09, 10:26 am


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