Can Debt Collectors Threaten to Arrest You

If a debt collector mentioned arrest or jail to you, take a breath. Owing money on a credit card or other consumer debt does not put you at risk of being arrested. Threats like that are usually scare tactics and often illegal. Here’s what the law actually says and what you can do next.

What to do if a Debt Collector is Threatening Arrest

Debt collectors do not have the power to arrest you. They are private companies, not law enforcement. If they threaten you with an arrest or imply that you might face criminal charges for not paying a debt, they are likely violating your rights under federal law.

The Fair Debt Collection Practices Act (FDCPA) expressly prohibits debt collectors from threatening consumers with arrest. When a collector mentions the possibility of arrest or jail time to you, your first move is not to argue or explain yourself.

Instead, recognize that the threat itself may be the violation. Make a note of the date, time, phone number, and exactly what was said. That information can be critical if you decide to take action later.

Can You Go to Jail for Not Paying a Credit Card

No. You cannot go to jail for not paying a credit card.

In fact, not since well before the Civil War has unpaid consumer debt landed people in prison in the United States. Debtors’ prisons were abolished in the early 1800s because they were widely seen as inhumane and economically destructive, long before modern credit cards existed.

Credit card debt is a civil obligation, not a crime. The only lawful remedies involve civil lawsuits and judgments, not handcuffs. When a collector suggests jail, arrest, or criminal exposure for nonpayment, they are either misleading you or deliberately trying to scare you into paying.

That kind of language is a red flag and often an FDCPA violation.

Can You Sue a Debt Collector for Arrest Threats

Yes, in many situations you can. That is exactly what the FDCPA is designed to do. It allows consumers to sue debt collectors who take collection efforts too far.

A successful FDCPA case can result in up to $1,000 in statutory damages, plus actual damages. Actual damages may include intangible harms like emotional distress or embarrassment. The law also requires the debt collector to pay your attorney’s fees if you win, which typically means no out of pocket legal costs to bring the case.

One of the key factors in determining success is evidence. Courts are more likely to rule in your favor and collectors are more likely to settle when there is clear proof of unlawful threats. Voicemails, recorded calls where legal, text messages, emails, call logs, and detailed notes about what was said can all support a claim.

What to Do Next

If a debt collector has threatened you with arrest or jail, it may be worth speaking with a consumer protection attorney to understand your options. An evaluation can tell you whether the conduct crossed the legal line and what steps make sense from here.

If you want to talk through what happened, you can reach out to my office and explain the situation.