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New York was the first state to abolish incarceration for debt. Other states followed, and Congress passed a federal statute banning the practice in 1833.
The Republic of Texas Constitution, drafted just a few years later, in 1836, establishing Texas as an independent nation, declared, No person shall be imprisoned for debt in consequence of inability to pay. In some respects, Texas law tilts strongly toward debtors rights. Texans property is largely shielded from seizure by creditors. Wages cant be garnished for consumer debt.
But its nonetheless increasingly common for people to ally bank cash advance fee arrested for unpaid debts, including in Texas. In 2011, The Wall Street Journal reported that more than a third of states allow borrowers who cant or wont pay debts to be jailed, even in states that prohibit debtors prisons.
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