The truth about going to prison for debt
Many people still fear that missing payments on credit cards, loans or bills could land them in prison. This article explains which debts can never send you to jail, which rare debts might, how court enforcement really works, and what to do if you get a summons.
Facts in this article are based on guidance from national debt charities, Citizens Advice, National Debtline, government information on bailiffs and court fines, and recent research on how councils use enforcement.
A lot of people still worry that missing payments on everyday debts means they could be sent to prison. This fear can make it harder to open the post, answer calls or seek help.
Debt advice charities are very clear about one central fact: for most consumer debts such as credit cards, personal loans and overdrafts, prison is not a risk.
There are, however, a small number of priority debts where imprisonment is possible in very limited circumstances if someone has the money and deliberately refuses to pay or obey the court.
This guide sets out the difference so you know what you are really facing and what to do next.
Debts that cannot send you to prison
StepChange and other major advice organisations state that you cannot go to prison simply for not paying most common consumer debts.
These include debts such as:
- credit cards and store cards
- personal loans and hire purchase on most goods
- overdrafts
- catalogue debts and buy now pay later
- most utility arrears (gas, electricity, water)
- ordinary non fraudulent bank loans.
If you miss payments on these debts, creditors can:
- add interest and charges (within the rules)
- pass the debt to collection agencies
- record defaults on your credit file
- take you to the civil courts and obtain a County Court judgment (CCJ) or equivalent.
A CCJ is serious. It affects your credit record and can lead to further enforcement such as bailiff action or money taken from wages. But for these types of debts, civil enforcement does not include prison.
Debts that can lead to prison in rare cases
Only a small group of what advisers call priority debts carry the possibility of imprisonment, and even then it is a last resort.
StepChange lists the main examples as:
- criminal court fines set by magistrates
- some council tax arrears (in England)
- certain business rates debts
- some child maintenance arrears
- serious tax debts, such as unpaid income tax, National Insurance or VAT in cases of deliberate refusal to pay.
Citizens Advice also explains that priority debts are those that can lead to losing your home, losing essential services or in some cases going to prison if you ignore court orders when you have the means to pay.
Council tax as an example
National Debtline describes council tax as a priority debt because councils have strong powers to collect it.
If arrears build up and you ignore letters and hearings, the council can:
- get a liability order from the magistrates
- use bailiffs, deductions from wages or benefits and other enforcement
- as a last resort, in England, ask the court to consider a short prison sentence, usually up to three months, if it decides you have deliberately refused or neglected to pay when you had the means.
In practice, prison is rare and courts must look at your finances first. Advice charities and policy groups are actively calling for this power to be removed, as it has been in Scotland, Wales and Northern Ireland.
Similar principles apply to criminal fines where the court thinks someone with the means to pay is openly refusing to do so.
How enforcement normally works long before prison
Before any court even considers imprisonment for a priority debt, a lot of other things usually happen.
Citizens Advice and National Debtline set out a typical route:
-
Reminder letters and demands
Creditors or the council write to chase unpaid bills or arrears and may offer payment plans. -
Court action for a judgment or liability order
If arrears continue and you do not agree a plan, the creditor can ask the court to make a formal order saying you owe the money and setting out how it should be repaid. -
Enforcement without prison
If you do not keep to the order, the creditor can ask for enforcement such as:- bailiffs taking control of certain goods
- deductions from wages or benefits
- money taken directly from bank accounts in some tax cases.
-
Committal to prison as a last resort for some debts
Only if you still do not pay, and the court believes you had money and refused or ignored orders, can it consider prison for specific types of priority debt. Even then you must be summoned to a hearing and given a chance to explain your situation.
The big picture is that civil enforcement powers like bailiffs and deductions are used far more often than imprisonment. Research by the Money Advice Trust shows that local authorities in England and Wales referred about 2.7 million debts to bailiffs in a single year, highlighting how common enforcement is compared with the very small number of committal cases.
Common myths about debt and prison
StepChange and other charities highlight several myths that cause unnecessary fear.
Myth 1: “If I get a County Court judgment I can be sent to jail”
A civil judgment is not a criminal conviction. It does not by itself lead to prison. The court can use other enforcement methods if you do not pay, but for standard consumer debts prison is not part of the process.
Myth 2: “Bailiffs can arrest me or drag me to court”
Bailiffs (also called enforcement agents) collect money or take control of goods; they do not act as police. They cannot arrest you for a debt. Their powers are limited and depend on the type of debt and warrant.
Myth 3: “If I cannot pay, I will automatically go to prison”
Guidance from both Citizens Advice and StepChange stresses that prison is only considered where someone has the ability to pay and deliberately chooses not to, or refuses to follow court instructions, for a small group of priority debts. If you genuinely cannot afford to pay and you co operate with the court, prison is not the outcome.
What to do if you receive a summons or court papers
If you receive court papers for any debt, do not ignore them. The worst outcomes tend to happen where people do nothing.
Citizens Advice guidance is to respond within the deadline, usually around two weeks, and to provide honest information about your income and essential spending.
Practical steps:
-
Open everything and keep it together
Keep all letters, claim forms and notices in one place, in date order. -
Check what kind of debt it is
Work out whether the case is about a priority debt such as council tax or court fines, or a non priority debt such as a credit card. This affects the risks and how quickly you must act. -
Get free debt advice straight away
Contact a reputable debt advice charity by phone or online. They can help you:- complete court forms
- prepare a realistic income and expenditure schedule
- negotiate affordable payments
- explain to the court if you genuinely cannot pay.
-
Attend any hearing you are asked to go to
Not turning up makes things worse. For court fines and some priority debts, failing to attend without good reason can itself be an offence that increases the chance of serious sanctions.
If someone threatens you with prison over ordinary debts
Sadly, some debt collectors use misleading language to scare people, implying that prison is likely for missing payments on credit cards or catalogues.
If a collector suggests this for normal consumer debt:
- keep the letter, email or recording if you legally can
- complain in writing to the firm
- if they are regulated, you can also complain to the relevant ombudsman or regulator for misleading or aggressive practices.
You are allowed to seek support from advice agencies if a collector is making you feel threatened or unsafe.
Key points to remember
- Most everyday debts such as credit cards, loans and overdrafts are civil debts. Non payment can lead to court judgments, bailiffs and damage to your credit record, but not to prison.
- A small group of priority debts – such as certain court fines, council tax arrears in England and some tax and maintenance debts – can in rare cases lead to imprisonment if a court finds that someone has the means to pay and chooses not to.
- Before prison is even considered, there are usually several stages: letters, court orders and other enforcement like bailiffs or deductions from income. Many millions of debts are referred to bailiffs each year, while committal to prison remains unusual.
- Ignoring court papers is one of the biggest risks. Responding early and giving honest information about what you can afford gives you far more protection.
- If you are worried about debt or a possible court case, speaking to a free debt advice service is one of the most important steps you can take. They can help you prioritise debts, deal with bailiffs and put realistic payment plans in place.
Understanding the real legal position can remove some of the fear and help you focus on what actually matters: opening the letters, getting advice and agreeing a plan that protects your home, your essential services and your long term finances.
