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 8 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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