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The Daily Insight Hub

Can you go to jail over unpaid debt?

Author

Isabella Turner

Updated on February 12, 2026

So unless your debt is in some way connected to a crime, you cannot go to jail for debt. If you fail to pay your taxes or fail to pay a debt such as child support, you could be jailed.

What happens to unpaid bank debt?

Your Debt Will Go to a Collection Agency In most cases, according to industry experts, it typically takes about 60 days before an unpaid debt is sent to a collections agency. This is probably obvious, but the debt collection agency has been hired by the company that’s owed the money.

Can you go to jail for not paying your credit card debt?

There are consequences for failing to make your debt payments as they become due; however, you do not go to jail just because you default on a credit card debt, bank loan, student debt or bill payment or don’t pay a collection agency in Canada. The days of debtor prison are long past us.

Is it against the law to go to prison for debt?

Congress passed a law against them nearly two centuries ago, and the Supreme Court has ruled multiple times that incarcerating people who are too poor to pay their debt was unconstitutional under the Fourteenth Amendment’s Equal Protection clause. Technically, debtors’ prisons are against the law.

What happens if you go to court for unpaid debt?

To defend a claim made for unpaid debts, you do need to attend the court hearing. If the judge rules against you, the court will grant your creditor a judgment in their favour. At this time, your credit can ask the court to issue a garnishment order, so they can notify your employer to garnish your wages.

Can you go to jail for not paying a student loan?

You cannot go to jail for not paying a loan. No creditor of consumer debt — including credit cards, medical debt, a payday loan, mortgage or student loans — can force you to be arrested, jailed or put in any kind of court-ordered community service.