Skip to main content

Is it legal for a creditor to threaten you with jail?

Newport, KY |

A creditor that I've never spoken to before called and left a voicemail stating that there was going to be a warrant for my arrest and that I was going to jail.

+ Read More

Attorney answers 2


Likely no it is a violation of the FDCPA lawyer. It is only if you don't show up to court for a citation to discover assets. Speak to a consumer lawyer and bring a copy of the voicemail to the consult or speak with them over the phone. You likely can sue them for the violation and get the attorney fees paid by the creditor.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Illinois. Responses are answers to general legal questions and the receiver of such question should consult a local attorney for specific answers to questions.


My colleague is correct, you should immediately consult a local FDCPA attorney. It is improper behavior for a collector to threaten a debtor with jail for an unpaid debt. We do not have debtor's prisons in the US. The voicemail and any other information surrounding the debt at issue should be reviewed to see if you have a remedy available.

When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am licensed in California. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose.