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In jail for being in debt

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posted on Jun, 9 2010 @ 04:36 PM
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With repealing of Glass Steigal the stage has been set for the implosion of the American debt based economy.
After sucking out the loot via things like the banker bailout and derivative trading and collapse of the housing Bubble sending the major part of the wealth out to offshore bankers on the way to world war lll...

we have this little puppy
the continuity of banking act
www.law.umaryland.edu...

we have FEMA camps, and a private prison system to which judges have been busted sending people to for minor offenses while being invested in those money making prison work facilities themselves.

I hope this might shed some light on where things might be headed.

[edit on 9-6-2010 by Danbones]




posted on Jun, 9 2010 @ 04:38 PM
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Hello,

Fuel, not for my car.

Our national debt is due to government spending. On it's own accord, mostly without the peoples authorization. We the people should be allotting what dollars are spent where.

So, if a budget is past; and increases debt; Those who pass given budget should be jailed. They should pass a budget that eliminates debt. I know if I wrote a rubber check, I could be jailed for it.

I want to be represented by those who share my sense of integrity.



posted on Jun, 9 2010 @ 04:38 PM
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OMG.............And we all have to comply! This is a world that we do not know or have never known.......its about your hours being cut, domestic untilities rising, council tax gaining etc............No let up for us! - FAT CAT'S BULDGING!



posted on Jun, 9 2010 @ 04:48 PM
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Originally posted by ThaLoccster


In any case, if a judge issues a summons, or otherwise issues a legally binding ruling, if you break that ruling you broke the law and most likely will be arrested.


Again, not true in civil cases.

Perhaps you are confusing a summons and a subpoena?

For instance, if I sued you and won a judgement against you saying you had to pay me $100 a month for a year and you didnt pay, you wouldnt be thrown in jail for violating that ruling. I could go back to court, and win another judgement allowing the court to seize any assets you have (including bank accounts), but again, unless you acted like a jackass in court and drew a contempt charge, you wouldnt spend any time in jail, nor would any warrants be issued.

We did away with debtors prisons a very long time ago for this exact reason.

Did you happen to read the full article? Isnt it odd how the bail is the exact amount of the debt owed?



posted on Jun, 9 2010 @ 04:51 PM
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Originally posted by brainwrek

Originally posted by ThaLoccster


In any case, if a judge issues a summons, or otherwise issues a legally binding ruling, if you break that ruling you broke the law and most likely will be arrested.


Again, not true in civil cases.

Perhaps you are confusing a summons and a subpoena?

For instance, if I sued you and won a judgement against you saying you had to pay me $100 a month for a year and you didnt pay, you wouldnt be thrown in jail for violating that ruling. I could go back to court, and win another judgement allowing the court to seize any assets you have (including bank accounts), but again, unless you acted like a jackass in court and drew a contempt charge, you wouldnt spend any time in jail, nor would any warrants be issued.

We did away with debtors prisons a very long time ago for this exact reason.

Did you happen to read the full article? Isnt it odd how the bail is the exact amount of the debt owed?


Yeah and courts are here to serve justice.

If that were the case we would not need loans. I bet the woman would still have to pay the debt even after the bail was paid.



[edit on 9-6-2010 by XXXN3O]



posted on Jun, 9 2010 @ 04:52 PM
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Actually if you read all nine pages or so of the article, the lady did not go to jail for owing a debt. She went to jail because she didn't fill out the paperwork listing all her assets, (post judgment discovery) after the collection agency got a judgment against her, and then was found in contempt of court, and an arrest warrant issued.

There is no debtor's prison in the United States.

Of course the collection agency wanted the list of assets so they could seize any money in checking or savings account, seize property, etc. to pay off their judgment.

It also stated near the end of that article, that in this particular county, there are sufficient deputies to serve civil warrants, even if on small amounts. Most of the time deputies in the United States are too busy serving criminal papers, or they just don't have enough staff, which is why you don't hear about these kind of cases very often.

Not defending the collection agencies in any way, just correcting data to help maintain our position as members to deny ignorance.











[edit on 9-6-2010 by manta78]



posted on Jun, 9 2010 @ 04:55 PM
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reply to post by manta78
 


She was obviously interacting with the debt agency though.

This is why this happened, it seems like this to me.

I dont know how the system works in the US but in the UK, for example, if you owed £100 to a credit card company. The minute you stop paying the debt has to be owned, this is why you get calls asking for you to pay a token payment towards the debt. The minute you pay £0.01 to the debt, they can take you to court, arrest any salary you have because you have confirmed who you are and that you intend to pay this debt because you own it. You just used your free will to pay for it after all!

People might say its wrong because the debt will go unpaid but thats nonsense, the debt is sold that many times that it is paid tenfold, this is another way that they make money from your debt.

Is it the same in the US?

[edit on 9-6-2010 by XXXN3O]



posted on Jun, 9 2010 @ 04:57 PM
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Originally posted by manta78
Actually if you read all nine pages or so of the article, the lady did not go to jail for owing a debt. She went to jail because she didn't fill
out the paperwork listing all her assets, (post judgment discovery) after the collection agency got a judgment against her, and then was found in contempt of court, and an arrest warrant issued.

There is no debtor's prison in the United States.

Of course the collection agency wanted the list of assets so they could
seize any money in checking or savings account, seize property, etc.
to pay off their judgment.

It also stated near the end of that article, that in this particular county, there are sufficient deputies to serve civil warrants, even if on small
amounts. Most of the time deputies in the United States are
too busy serving criminal papers, or they just don't have enough
staff, which is why you don't hear about these kind of cases very often.

Not defending the collection agencies in any way, just correcting data to help maintain our position as members to deny ignorance.


Yep, and like I said, there was more to the story, because she was tagged, for assets, and didn't want to give them. A day late, and a dollar short. Anybody who has assets, has to prove them in court, or not, if called uponn to do so. She should have hidden her assets, and her own rear, if she thought they were fooling around.

Then again, leins could have been put against anything she owned, rather that put her in jail



posted on Jun, 9 2010 @ 04:58 PM
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reply to post by Danbones
 
Hello,

Very odd. I clicked your link and was prompted/solicited to update my adobe reader. I have foxit as my default pdf file reader.

Further looking at detail of update; last update available is months-old. I learned not to download files solicited to me long ago; hackers/worms/Trojans/malware.

Needless to say, I didn't click update. Also left page promptly.



posted on Jun, 9 2010 @ 05:00 PM
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reply to post by Blanca Rose
 


True. The undisclosed part of that story however is that this is a money making operation for the county involved, obviously. The courts are paid for the various filing fees, contempt motions, the deputies or constables receive income from serving the papers, etc.


(and all fees paid are usually added to the judgment owed)










[edit on 9-6-2010 by manta78]



posted on Jun, 9 2010 @ 05:04 PM
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Originally posted by XXXN3O


She was obviously interacting with the debt agency though.


There are many, many secrets, that debt a debt collection agency can use, to prove you have assets, and you would be shocked to find out how easy the information is, without any special tool to get it. It's free, and it's public knowledge. If you own property, guess what, anyone can find it.
This is why this happened, it seems like this to me.

I dont know how the system works in the US but in the UK, for example, if you owed £100 to a credit card company. The minute you stop paying the debt has to be owned, this is why you get calls asking for you to pay a token payment towards the debt. The minute you pay £0.01 to the debt, they can take you to court, arrest any salary you have because you have confirmed who you are and that you intend to pay this debt because you own it.


Is it the same in the US?


Nope. They will find out how much you earn, as an employment history is very easy to obtain, and if you own property that will patially cover the bill, guess what? You get a summons to court, which might have happened in the lady's case. If they can't get you through garnishments at work, all the stoppers are pulled out, if you own something of value.

Apparently, this woman refused to give up her assets.

edit fix quote


[edit on 9-6-2010 by Blanca Rose]



posted on Jun, 9 2010 @ 05:07 PM
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reply to post by manta78
 


Yes, and in the US, don't ya know, all of that will be added to the debt, via court costs for whomever is collecting upon her.

Sad, but true.



posted on Jun, 9 2010 @ 05:08 PM
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reply to post by XXXN3O
 


Actually she could have ignored them at all points, not returned calls, throw away any letters received, etc. , and not file a response with the court to the lawsuit, and not show up in court for the hearing; The court then, grants a default judgment against her, and then, unless it is appealed it is finalized within a certain number of days, usually 30 and becomes "ripe" so to speak for collection, and the post judgment process begins.

It is always better, even if you are wrong, to at least file an answer to the court, giving your reasons why the debt is not paid. And in some states like Texas, you can also file a request for a jury trial vs. trial by judge if you pay the extra fee, and can sometimes win when a jury
of your peers vs. one judge makes the decision, etc.







[edit on 9-6-2010 by manta78]



posted on Jun, 9 2010 @ 05:11 PM
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reply to post by XXXN3O
 


I understand where you are coming from. When I first moved out on my own I had many credit card offers. I decided to take one offer because I was DESPERATE. I had just lost a job and was put on disablity. My electcity was about to be shut off. I had no choice in order to pay my bill I had to get the credit card.
I paid off the orginal debt but then when I went to use it later it was closed because there was a $200 fee attached to it! The letter I recived from the offer never mentioned that. So then I take out another credit card to get gas in my car and pay off the $200 suprise fee on the first.(cash advance). I asked the second card if there was a fee and they said $49 which was a lot better. The interest rate was higher. Not only that the limit was $300. So I had it to limit very quickly and I went over the limit.
So I take out a third card to transfer some of the balance; this card had a $500 limit.
So I am going between 2 cards just to pay off 2 orginal emergency bills; gas at $20 and electrity of $100. Fast forward I finally get a job and suddenly I am getting offers like crazy. I got approved for a mortage at a 10% interest even. I was smart enough to say no and just keep renting.
I get a cell phone and they close my account down six months later for filing a complaint against a supervisor I am popped with a $250 termination which I never paid and is now at $500.
In the meantime I am paying minuim payments yet not making a dent in my credit cards. Then my niece who was living with me at the time needed school clothes so I bought her clothes on bill me later. I was helping my sister with her two kids.
My income drops and I am suddenly paying less than the minuim payment at this point I am over $2000 in debt all for an orginal debt of less than $500.
My nieces move back then I have to move due to stalker. I have to get a payday loan. Which I made the first payment on time then my bank shuts down my account out of the blue although I have $300 and I have to be insufficent funds fee; the loan amount to be paid was only $50. I had enough to cover it. I argue with my bank get charged with disturbing the peace over the telephone and pay $150 fee.
That debt has never been paid and I can't remember the orginal company.
Due to this I had to take out another payday loan to pay rent. After that I had to get another payday loan to pay off the one to pay off my rent.
Then a third; finally I borrow money from my mom to pay off the first 2.
Companies where still offering me credit cards although my accumulated debt was $5,000 and my income per year only $15,000.
I finally walked away from that vicous cycle of credit but boy did it take me for a ride. I currently owe $10,000; only a portion is from the orginal debt. I also have medical bills of about $500 and yes I have health insurance. Everything else is fees, interest and a termnation fee for my phone.
Credit is not worth it because it just draws out your misery for years instead of months. Now I just ask relatives for help, make budget cuts,work extra or get agency help.



posted on Jun, 9 2010 @ 05:15 PM
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Originally posted by manta78


Actually she could have ignored them at all points, not returned calls, throw away any letters received, etc. , and not file a response with the court to the lawsuit, and not show up in court for the hearing; The court then, grants a default judgment against her, and then, unless it is appealed it is finalized within a certain number of days, usually 30 and becomes "ripe" so to speak for collection, and the post judgment process begins.


I agee, but at this point, she must have received a certified letter. From the court, or attorneys.

If she didn't, then the original debt collector had no business in having her arrested for the debt.

You can only ignore mail, even to a point.



posted on Jun, 9 2010 @ 05:19 PM
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reply to post by loveguy
 


it is a .guv website your adobe is prolly alittle old
try just upgrading from adobe its free.

here is the summery:
I take it to mean that banks will get there due in the event of a major disruption like a terrorist disaster or natural disaster or aman made disaster like the gulf spill.
I think it means that Citizens will come second or third or last
like labour does when it come to collecting wages from a bankrupt company

my big question if anybody has any thoughts on it
what happens when the courts issue judgements against assets that
patriots need to survive like the way HLS has made hoarding ILLEGAL?
I THINK this bill gives the bankers the weight of HLS and FEMA under the patriot act and the new enimy belligerants act to just take you and what ever alse they want.
you need an act of congress to evn get found let alone out.

www.alternet.org...'s_%22enemy_belligerent%22_act_could_set_u.s._on_path_to_military_dictatorship

Glenn Greenwald calls the bill "probably the single most extremist, tyrannical and dangerous bill introduced in the Senate in the last several decades."





Homeland Security: Banking and Financial
Infrastructure Continuity
Summary
The Department of Homeland Security (DHS) has many responsibilities for
ensuring the continuity of the “real” economy: production, distribution, and
consumption of public and private goods and services Other agencies, however, have
long had similar responsibilities for the “financial” sectors of the economy, which
interact with the sectors DHS oversees pursuant to P.L. 107-296. DHS has some
responsibilities for financial sectors through Treasury Department links. Financial
agencies carry out recovery and security activities independently but also
coordinately with DHS. For additional information on homeland security, please
consult the CRS current legislative issue “Homeland Security,” on congressional web
site [www.crs.gov...].
This report outlines the existing recovery modes to mitigate disasters in
financial markets that events have tested in recent experience, and recovery
arrangements. (Such disasters for the financial economy are of two kinds: inability
to conduct transactions, and large losses of asset value.) Homeland security requires
the financial institutions that are important in supporting and maintaining both
domestic and international commerce to take steps to safeguard their ability to carry
out basic functions. The backbone of the financial economy — the payment system
— comes through banks, and monetary policy affects them immediately. Other
crucial intermediation functions come through a variety of financial companies,
including brokers, exchanges, other secondary market facilities, and insurance
companies. So, many financial regulators and trade associations need to be involved.
Regulators, especially the Federal Reserve, have set out best practice guidelines.
The steps include business information technology protocols, physical security
protocols, and plans for continuity of markets and participants considered critical for
the nation’s transactions. An Interagency Paper on Sound Practices to Strengthen the
Resilience of the U.S. Financial System, as a new regulation, will likely have positive
consequences for the survivability of financial businesses. Controversies have arisen,
e.g., some insurers believe that federal regulators have no authority to require them
to take such steps, and some in New York are concerned that the area will lose jobs
as facilities become necessarily dispersed. Costs of application remain of concern.
The 107th Congress enacted legislation strengthening security for and of
financial institutions and markets. Congressional interest in arrangements for
safeguarding financial sectors. In the 108th Congress, H.R. 657, as passed by the
House, would strengthen the Securities and Exchange Commission’s role in recovery
and continuity of securities and related businesses. H.R. 2043 would address bank
risks under terrorism, among other things. Hearings also examined financial security.
Members may want to address financial sector arrangements in light of General
Accounting Office concerns presented at the hearings. Should a financial emergency
be larger than in the blackout of August 2003, further oversight would be likely.
This report will be updated as developments warrant.



posted on Jun, 9 2010 @ 05:19 PM
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Throwing someone in jail for a debt is counterproductive. They can't work to pay off the debt. I know you can go to jail for unpaid parking tickets an fines.
I had unpaid parking tickets because I let a friend borrow my car he never told me about the tickets. A collection agency called me several times they could never prove the orginal debt.
I ended up in jail but since I am from a police family I was released as long as I promised to pay. I got an advance on my paycheck and paid the next day.
I had warrents because I did not show up in court or pay the fine. If you owe the government or city money you go to jail if you don't pay it.



posted on Jun, 9 2010 @ 05:21 PM
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reply to post by Blanca Rose
 


Yes. But the courts have decided on that matter several times. All she
had to do (not saying she did in this case) is refuse to sign for the
certified letter. The letter gets sent back to the creditor, or in this
case the evil collection agency, as "unclaimed and/or refused.
The courts see that and accepts the collection agency's claim that an attempt was made to contact her.







[edit on 9-6-2010 by manta78]



posted on Jun, 9 2010 @ 05:23 PM
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Originally posted by brainwrek
Let me show you were you went astray:

a) this is a civil action, not a criminal action. In civil actions, if you do not show up, a default judgement is entered against you. A warrant certainly should not be issued, nor should you be arrested.


This is not true. I sued a contractor in civil court and he failed to appear for all court mandated times and a warrant was issued for his arrest. He was eventually stopped for a traffic violation, the warrant was served and the judgement upheld when his bail was used to satisfy the judgement amount.

[edit on 9-6-2010 by AugustusMasonicus]



posted on Jun, 9 2010 @ 05:26 PM
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This is a gray area.

They didn't put her in jail for not paying her credit card, they put her in jail for missing the court hearing.

If you are ordered to appear in court and don't show, the judge can issue a bench warrant. It's actually very simple.

Further, you can certainly bring a person to court over debt or unpaid monies. Again, she wasn't sent to jail for her debt, she was sent to jail for violating a court order.







 
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