Can a person go to jail for not being able to pay a social security overpayment?
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Can a person go to jail for not being able to pay a social security overpayment?
Asked on September 26, 2012 under Bankruptcy Law, Arkansas
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
This should be a civil case; not a criminal case. As a civil case, you could be subject to a wage garnishment, lien on your property, etc. As a civil case, you don't need to worry about jail. There won't be any jail sentence in a civil case.
If the overpayment was due to fraud, then it could be a criminal case as well as a civil case as fraud is both civil and criminal. A criminal prosecution for fraud could result in a jail sentence.
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