What is Debtor's Prison?

finance investing

At some point in history, having an unpaid debt would have been considered sufficient grounds for imprisonment. The debtor would be held in a designated debtor's prison until his or her family could satisfy the creditor's demands. A debtor's prison during the Middle Ages was often a large communal cell where both men and women lived in filthy conditions for months or even years, depending on the size of the debt and their family's ability to raise the money. Some debtors were allowed to work off their own debts through labor, but many were condemned to remain behind bars.

A debtor's prison was also a prime breeding ground for all sorts of diseases, which often led to a number of fatal outbreaks long before debts could be repaid in full. Some prisons allowed brief visitations from family members, and a few even allowed debtors to live outside the prison in order to produce their goods or pursue their trades. The concept of a debtor's prison was primarily to motivate family members to eradicate the debt as quickly as possible. Imprisoning the head of the household provided more than enough incentive, but quite often the debtor's families did not have the necessary skills or experience to run a profitable business.

The practice of imprisoning debtors in a squalid debtor's prison continued for several centuries. The early United States government tolerated the establishment of a debtor's prison until passing a law to end the practice in 1833. The British parliament followed suit in 1869, although it was still legal to briefly jail certain debtors who could afford to repay their debts but chose not to do so. Only a handful of countries around the world still have designated debtor's prisons for those who cannot repay large debts and do not have the legal protection of bankruptcy to ward off legal collection efforts by their creditors.

Some political pundits have suggested a return to the debtor's prison system as a way to address wholesale corporate fraud and mismanagement. If certain executives of troubled corporations or other failing institutions were forced to spend actual time in a modern debtor's prison, perhaps they would gain a better perspective on the seriousness of their actions and would not be tempted to commit such financial wrongdoing in the future. Others cite the increasing numbers of home foreclosures and personal bankruptcy filings as an indicator of the need for a modern debtor's prison in order to improve personal financial accountability.

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8
I am grteful to all of you for your comments. They have given me insight for filing a case in federal court that may change the way the courts and america deals with this child support issue and throwing the poor in jail for not paying. I agree there are some sorry men out there and something needs to be done. more of our tax money to fund prisons for contractors and lining the pockets of public officials in the legal and judicial industry is not the way either. Some say there is smoke in alabama. Where there is smoke- there may be fire. Keep your eyes open for class action suits.
- anon43884
7
If you come into my home and steal my tv, you would be convicted of a crime and sent to jail. If you "buy" my tv with a promise to pay me next week, but fail to pay me, it is a "debt" and you never have to pay me. But that's ok? I don't see the difference. Either way, you have my property without paying for it.
- anon42901
6
They are still putting people in jail in wisconsin for not paying lawyers. They call it contempt of court. They allow the lawyers & judges to delay, post-pone and drag out issues such as child custody and then put the parents in jail for not being able to pay the lawyer fees. My sister was sentenced to 60 days in the LaCrosse County jail for this reason. Ridiculous.
- anon32797
5
The imprisonment of someone who does not pay child support is not for "debt" but for an "obligation" to take care of their child. If the custodial parent refused to do so, they would lose custody, even if the state had to take custody to keep them from having it. I disagree with imprisoning someone who is unable to pay just as I disagree with paying tax dollars to pay for someone else to take care of a child when the custodial parent (or parents) can not afford to do so. Seems kind of silly to me personally. However, there are many men and women who choose not to pay child support to their previous partner because they see it as paying that person rather than caring for their child. It is a shame that innocent people who are doing their best are punished as well and that should definitely be stopped particularly in light of our countries position that no innocent person should be punished to get to the guilty.
- anon31215
4
A form of debtor's prison: in Pennsylvania, a parent who falls behind on child support can be imprisoned (at which point he/she loses his/her job and can't pay either the arrears or current amounts).
- anon30994
3
Our government is on a road to try and imprison as many people as they can. We are going to prison for all sorts of made up laws and set ups by the police. The poor would no doubt all be in prison for not paying debts. However, I think the only reason they haven't started it up yet, is that they need to find loop holes for corporate executives and politicians to get away with not paying their enormous debts.
- anon30989
2
Current day countries that still have debtors prison. USA.

Florida for example. Greece. UAE. Israel. Dubai.

- anon30988
1
I am wondering which countries still have designated debtor's prisons?
- Flywheel1

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Written by Michael Pollick
Last Modified: 02 September 2009

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