Debtors prison is a term and tactic of the early 1800s and before. However, victims of creditors' guerilla collection tactics may tell you that it feels like they are in debtors prison today.

Many debtors in St. Louis consider the actions creditors are allowed to take to collect any debt, even those as low as $500, to be outlandish and over the top. These debtors are asking for one thing: stop creditor harassment.

Individuals in Missouri who have unpaid debts may end up in jail, but to imprison a debtor, creditors must first request from the court a judgment for unpaid debt. Then, the court summons the debtor to appear and be questioned about personal assets. However, if the debtor fails to appear, the creditor may request an order for arrest.

If the above process is followed in its entirety, and the debtor is in fact arrested, any bail money goes straight to the creditor. Missouri courts have issued numerous orders for arrests over unpaid debts.

There are many problems with these types of collection tactics. Some of those issues include:

•· Notices to appear in court are delivered by regular mail

•· Missouri law does not require service of notice to the addressee

•· Debtors may not receive the notice if they have moved or it is lost, and therefore debtors often don't know they are required to appear in court

•· Many debtors in Missouri are not aware they are being sued until they realize their wages are being garnished

Debtors and their representatives are fighting for regulation of these collection tactics. However, in Missouri, creditors are currently allowed to require debtors to appear in court every month, though it is arguable that one appearance before the court is enough. Still, there are options available for Missouri residents to achieve debt relief. Many debtors are working on making the money to pay back their debts, and Chapter 7 bankruptcy offers a lot of individuals the breathing room they need to get their finances back on track, and to put a stop to creditor harassment.

Source: stltoday.com, "Debtors prison: It's back and it's here," Jim Gallagher, Jan. 15, 2012