In jail for being in debt

reply to post by Danbones
Thank you for the reading.

I'm on a brand-new laptop, totally up-to-date. Security features up the ying. Ain't taking anything for granted!

Just fishy that adobe would sneak-in when Foxit is my default reader?

Now to read so that I get back on topic.

reply to post by AugustusMasonicus


Was a subpoena issued? Ignoring a simple summons will not result in an arrest, a subpoena is a whole different story as I said above.

Originally posted by Blanca Rose

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

She wasn't arrested for her debt.
She was arrested for violating a court order that stipulated she appear before a judge and she did not. Therefore, a bench warrant was issued and upon stopping her, executed the warrant.

There is no conspiracy here.

You can not ignore a court order and think nothing is going to happen.

Originally posted by brainwrek
Was a subpoena issued? Ignoring a simple summons will not result in an arrest, a subpoena is a whole different story as I said above.

Yes, a subpoena was issued. He failed to appear with council and a summary judgement was issued. This ended up costing him (or his family) more then four times what he orignally owed me, not to mention the time spent locked up.

reply to post by AugustusMasonicus


Exactly what I thought.

A summons is just a notice action is being taken against you and with the pertinent information. If you choose to ignore the court date, a default judgement will be entered, but no warrants will be issued.

Ignoring a subpoena on the other hand is a very good way to piss off the judge.

she had a court hearing because she was in debt..

she missed the court hearing knowing full well she could not pay that debt..

missing that court hearing warranted her arrest..

the government is very good at creating loop holes.. she was not arrested for owing money, she was arrested for missing the hearing this is how they can cheat the system legally.

or maybe not lol..

reply to post by manta78


Quite a different system thats in place.

Seems that yet again if you can afford it you can manage ok.

Im glad im in the UK thats for sure, id be homeless if I had the same set of circumstances happen to me as a US citizen.

Seems that theres more power to corporations in the US.

[edit on 9-6-2010 by XXXN3O]

Originally posted by emayarsh
she had a court hearing because she was in debt..

she missed the court hearing knowing full well she could not pay that debt..

missing that court hearing warranted her arrest..

Nope, the court hearing was to determine her assets. It downs matter that shie could not pay it, she had assets.

the government is very good at creating loop holes.. she was not arrested for owing money, she was arrested for missing the hearing

this is how they can cheat the system legally.

or maybe not lol..

LOL. she has assets to cover the debt, and didn't want to give them up. It'
s nothing to do with the system. She would not give up her assets, to pay a $250.00 bill, which she should have written a dispute letter on, if she didn't think she owed it.

reply to post by ThaLoccster


Yeah that the excuse they use however normally if someone does not show up in court in debt related hearing they just issue a judgement in favor of the plaintiff and then wages etc are garnished not thrown in jail.

What most people don't know and refuse to believe however is that a bond is written on every court case and the courts which are private corporations actually make money by putting people in jail, they wharehouse the collateral on the bond. They case and debt is peanuts to what they make on the bonds they write on every court case.

reply to post by lpowell0627


I completely agree. She knew she hat it, and refues to go to court, to state what her assets were in regards tot the debt.

She got what she asked for.

Originally posted by manta78
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.

Well, she must have accepted the challenge at some point.

edit for quote fixing.

Also, being a debt collector in the past, believe me, I've heard it all!







[edit on 9-6-2010 by manta78]

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

How I interpreted the article, the first lady was arrested for failure to show, but others were arrested over a debt.

What happens in the case of mistaken debts? Or identity theft? Couldn't this result in a person going to jail over a bad debt?

The judge in cases like these usually considers failure to appears akin to contempt of court, and that right there is what they use to issue an arrest warrant.. but if it is a civil failure to appear with judgement rendered,(no warrant yet) then the plaintiff -(π). gets to move to the next step of either asset finding, or execution of judgement, and this time a failure to appear gets a warrant and the person is arrested... .
like other posters mention, it varies some state to state... but eventually even in civil cases the court will get "offended" when the defendant keeps "failing" then it's heartbreak jail-cell hotel