Your legal rights: When you can be in Prison with Debt.

A lot of UK citizens fear being sent to prison over issues of debt. This is not something that most people will ever have to worry about, however, because prison sentences only result from very severe debt situations.

In general, people in debt are sent to jail for one of three reasons:

1. Fines from the Magistrates’ Court have not been paid;
2. Council Tax has not been paid;
3. Maintenance for one’s children, husband, or wife has not been paid.

 

What is more, in order for you to be sentenced to prison, the magistrates have to believe that you will not pay because you do not want to – you will not be sent to prison for merely being unable to pay. Those who are in a position to pay, but do not, might find themselves facing prison sentences.

When this happens, you will most likely be given a “suspended committal order” by the court. What this means is that an “installment order” will be set by the magistrates. Then you will have to pay a certain amount of money in installments as a means of repaying the money that is owed. If you happen to miss any of these payments, then you may indeed be sent to prison. A warrant for your arrest would be issued, and you would be brought in front of the magistrates. Unless there is another hearing, you will not be put in to prison – although you may have to spend the night in a police cell.

In the unlikely event that a warrant for your arrest is issued, you should consult experts in the field of debt management. You should also report to the police or the magistrates when the court is actually sitting. Before that, however, you should prepare a personal budget statement that contains all the details regarding your income, your expenses, and your debts.

Once you are called to court, be aware that you may have to spend the entire day there. For this reason, you should make all necessary arrangements – work leave, childcare, etc. – in advance.

Keep in mind that you have the right for an attorney to represent you in such an event – even if you are unable to afford one. Before your case is heard in court, the magistrate must give you time to speak with your duty solicitor. Make sure you insist on this. The court does have the right to forgive or write off part or all of our debt. This process is called remitting. It obviously works in your favor and makes it a lot easier for you to pay off your debts in the end. If your solicitor is able to give the magistrates reasons for doing this, it could work in your benefit – and keep you out of debt prison.

The only other reason why you might end up in prison is if your debt is in somehow connected with criminal activities such as fraud. In this event, then you should definitely consult a criminal attorney.