My colleague Nick Ortiz points out that we abolished debtors prision some time ago. Yet it is disturbing how many clients believe that not paying your debts is criminal and might send you to jail.

I point out, again and again, that America abolished debtors’ prisons some 250 years ago.  If you don’t pay your debts, your creditors can get a judgment against you enabling them to enlist the power of the state to levy on your non exempt assets or, in some states, to garnish your wages.

Creditors cannot have you  imprisoned or take your assets without first proving up that they have a legal claim against you.  That claim can only be validated after notice and the opportunity to dispute the claim.  That’s what due process is all about.