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The fair practice of warranting a debtor's arrest

Jan 31, 2012 Mike Garretson

Following the continued refusal of an individual to pay their dues, some debtors may be faced with jail time - however, the process is seldom enforced and follows every letter of the law.  Debt collection agencies don't want it to come down to a sentencing, and the threat of a warrant is often used as a serious warning after being given multiple notices they must pay their debts. In Chicago, president of the Illinois Collectors Association Eric Mock revealed his displeasure with the comparison of having a warrant sent for elusive debtors as victims of "debtors' prison," WJBC of Illinois reports. A debt collection agency has the right to seek necessary action to obtain a debt so long as they follow the Fair Debt Collection Practices Act and the state's local laws. Ultimately, the ruling of whether to grant a warrant for a debtor's arrest is up to the discretion of the judge, Mock adds. A debt collector cannot be held accountable for a debtor's mistakes. Similar to when a renter fails to pay a tenant, legal action may be the only route to resolve the issue.