Can I go to jail if I do not pay my bills?
You will not go to jail for failure to pay a bill. There simply is no debtors’ prison anymore and you don’t have to be in fear that you’re going to go to jail if you don’t pay your bills. However, you must appear in court if you are notified to appear either in state or federal court. If someone winds up getting in trouble with the court, it’s going to be for contempt of court for failing to appear.
Here’s how it works in Illinois: once you are served with a summons and you do not appear, there is going to be a judgment entered against you. Approximately 30 days after the judgment is entered, the creditor can bring what’s known as post collection procedures. Those involve a Citation to Discover Assets whereby you have to come into court with particular documentation and answer questions under oath to the creditor explaining where you work, what you have in terms of bank accounts, what you have in terms of property.
If you fail to show up for the Citation to Discover Assets, there will be a second court date called a Rule to Show Cause. The Rule to Show Cause is to explain to the court why you should not be held in contempt for failure to appear before the court pursuant to the court’s order. If you miss both the Citation to Discover Assets and the Rule to Show Cause court dates, then a Writ of Body Attachment can be issued against you. It is from that order that you can be picked up for contempt of court and temporarily jail.
So you don’t go to jail for paying your bills. You go to jail for contempt of court for not appearing before the court. You want to make sure that you appear in court and if you have any questions, contact your attorney whether or not you need to appear for future court dates after your bankruptcy cases filed.