Can I go to prison for debt?

What types of debt could lead to imprisonment?

Some types of priority debt could result in prison if you do not pay.

Things like:

• Criminal fines
• Council tax (England only)
• Business rates
• Child maintenance arrears owed to the CSA
• Income tax, national insurance and VAT debts
• Magistrates’ Court fines

Prison is a last resort even with these types of debt.

You need to have either:

• Actively ignored the debt, or
• Continually refused to pay

Do not ignore these debts. If you are struggling to pay, we offer free debt advice.

You cannot be sent to prison for not paying most common debts. This includes:

• Overdrafts
• Credit cards
• Loans
• Catalogues
• Mortgage or rent arrears
• Utility arrears
• Hire purchase debts
• Parking tickets

Some letters from creditors are misleading. It is not true that you could be sent to prison for not paying a debt, unless the debt is a 'priority debt' listed above.

Make a complaint if they threaten this.

Are there any situations where other debts could lead to prison?

It is possible, but only if:

• You have committed any criminal activity, such as fraud
• You are not following an instruction from a court

A court can ask you for information, to work out how to best enforce a debt. If you refuse to provide the information, there is a risk of arrest.

A fine or prison is punishment for not following the court’s instructions. It is not for non-payment of the debt itself.