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JD
JD, Criminal Justice Lawyer
Category: Criminal Law
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Experience:  Over 11 years of practice in litigation including 10 years as a state prosecutor
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will you violate your probation if you stop paying your credit

Customer Question

will you violate your probation if you stop paying your credit cards? i own a home in fl have lived there for 11yrs, however i have also been on probation from the state of MA for almost 20 years. i simply don't have enough money to pay
Submitted: 5 years ago.
Category: Criminal Law
Expert:  JD replied 5 years ago.

Failing to pay a debt generally will not violate your probation unless the debt was a condition of the probation (for example... fines or restitution). We sailed here from Europe in part to escape debtor's prison. Failing to pay a debt is not a crime and you cannot be imprisoned for the failure. Committing fraud, theft, or failing to pay restitution or fines could result in incarceration.

 

Please reply if I can help further.

 

________________________

Customer: replied 5 years ago.
i am paying restitution and will continued to do so . will the court know i am not paying and what can the credit card compay do to me? arrest, garnish wages etc....thanks for your help and peace of mind
Expert:  JD replied 5 years ago.

Credit card companies would like you to think they can imprison you, take your first born and condemn your eternal soul if you fail to pay. The truth is that they can sue you and obtain a judgment. They can report it to the credit bureaus and negatively effect your credit score. They can potentially place a lien on your home, garnish wages and attach other assets. They cannot put you in jail. They cannot beat you up and I'm pretty sure God doesn't care if you pay your credit card bills.

 

They use intimidation as a collection tool. They are little better than common street thugs and you should keep that in mind when dealing with them.

 

Keep paying your restitution and court payments. Beyond that just do what you can... you may also wish to consider speaking with a bankruptcy attorney if things are getting really bad.

 

Please reply if I can help further.

 

________________________

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