[ets]

I am badly behind in my credit card due to a divorce and college, I believe its been about 2 years since I paid it and police officers went to my old address tonight. I currently live in KS and am worried about 3yr-old child in case I'm brought in to jail. I just want an idea of what to expect when they come to this address.

[Betty3]

They don't put you in jail for credit card debt. They might have been there to serve a summons for you to appear in court due to the debt. The creditor may be suing you for payment.

[BOR]

I am badly behind in my credit card due to a divorce and college, I believe its been about 2 years since I paid it and police officers went to my old address tonight. I currently live in KS and am worried about 3yr-old child in case I'm brought in to jail. I just want an idea of what to expect when they come to this address.

Betty is probably right about the police, they may have been attempting to serve a summons from a lawsuit, or are inquiring of your whereabouts due to a request from one of the credit card companies.

Imprisonment for civil debt violates the federal constitution, except for a few select fact specific cases, that I know of.


One is referred to in the KS Constitution:

Kansas Bill of Rights

16. Imprisonment for debt. No person shall be imprisoned for debt, except in cases of fraud.

This basically means if you attempt to hide assests when sued, equivalent to hiding them in a Bankruptcy action, this is fraud as referenced in the Constitution, or possibly a fraudulent conveyance, depending on how assests were hidden.

Case law may offer some more insight.


Most state constitution's have similar provisions.


I would make every attempt to come to some type of agreement with them. Continually evading service of process and legally obligated debt is not wise. If the debt is insurmountable, you may wish to consult a Bankruptcy attorney.

Good luck!!