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Jailed for Debt in the U.S. in the 21st. Century

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posted on Jun, 20 2010 @ 03:25 AM
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Originally posted by RestingInPieces
If someone legally contests you in some regard, you are legally obligated to dispute them in court. This is the right of the accuser.. how would you like it if you accused someone over something and it was never brought to court to be ruled because they just ignored it?

If you DO NOT dispute them, you will have a warrant issued for your arrest so that you can contest the matter. Don't think of it as a "oh no i'm being imprisoned against my will" think of it as a "you will get your ass to court and settle this matter like an adult" If you feel this is wrong, you have a right also: to counter sue your accuser.


In Connecticut small claims court, the law states:


Based on the kind of claim you have, if the defendent does not file an answer the court may enter a judgement against the defendent (called a "default judgement") for the full amount of your claim plus costs, or the court may schedule the matter for a hearing to decide how much is owed to you. (Link to PDF file->) How Small Claims Court Works


If you want to win your claim without question, it is generally agreeable that the person not show up to contest.




posted on Jun, 20 2010 @ 03:32 AM
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Yup,

You play the game, and you don't need a lawyer to do it.

Front court, tell the Judge you intend to pay but are in financial difficulty.
That immediately puts the full power of the court ON YOUR SIDE.

Agree to pay some small amount regularly, say fifty per week, (or whatever).
And that will then be the judgment of the court.

Now if you lose your job, first thing you do is contact the clerk of court and tell him you cannot meet the required payment and need more time.
That request will always be granted unless it is outrageously obvious you are lying.

This can go on indefinitely, keep the court informed, but you MUST play fair with the court. Always take the initiative to contact the court first. Do that before the sheriff comes around to arrest you for non payment.

A non appearance, or getting mad at the judge will get you into strife.
Jail time will always be for contempt of court, or directly failing to obey a court order to do something. You can never be jailed just for debt.

Play the game, and be polite and cooperative with the court, and it will drive both the complainant and his lawyer nuts.
In the end you will have to pay though.



posted on Jun, 20 2010 @ 03:36 AM
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reply to post by RestingInPieces
 


What?

I mean really.......what?



posted on Jun, 20 2010 @ 03:38 AM
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jailing anyone over a civil matter proves there is no civil matter at all. only criminal. not only that but dealing with the child support system for 17 years i can tell you first hand, its a JOKE. the entire system isn't just broken its a complete sham.

from what i've seen the US system needs to be dismantled and re-built. there is no reason for 620,000 laws when there should be about 20. everything else is situational and no laws are needed for that. but just try to explain yourself in court, you will get hammered. there is zero justice in the US system.

but the whole thing about not showing up for court or following an order, well what if the order exceeds what you are able to do? have you ever tried to petition the court? unless your a very slick lawyer your screwed.

if a common man can't defend himself in the common court then the court is false.


if you think i'm wrong, go try it out. or just go watch. after you see the crooked system you may just start to understand why we have terrorist.



posted on Jun, 20 2010 @ 03:46 AM
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Originally posted by Pewbert
Jailing anyone over a civil matter proves there is no civil matter at all. only criminal.


That is true.
Defying the court makes you an outlaw by default.



posted on Jun, 20 2010 @ 04:05 AM
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Here is a couple of snippets from a recent article......


***************************************************************
www.startribune.com...

"It's not a crime to owe money, and debtors' prisons were abolished in the United States in the 19th century. But people are routinely being thrown in jail for failing to pay debts. In Minnesota, which has some of the most creditor-friendly laws in the country, the use of arrest warrants against debtors has jumped 60 percent over the past four years, with 845 cases in 2009, a Star Tribune analysis of state court data has found."
[BREAK]

"In Illinois and southwest Indiana, some judges jail debtors for missing court-ordered debt payments. In extreme cases, people stay in jail until they raise a minimum payment. In January, a judge sentenced a Kenney, Ill., man "to indefinite incarceration" until he came up with $300 toward a lumber yard debt."
***************************************************************



posted on Jun, 20 2010 @ 04:18 AM
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"to indefinite incarceration" until he came up with $300 toward a lumber yard debt."

------------------------------

isn't called kidnapping for ransom? isn't that against the law?

so in this instance its ok if the government breaks its own laws?

as i said before, its not just broken - its a complete sham.

but hey as long as everyone keeps paying taxes and voting then that means you agree with it. if you want to change the system then it must fail.



posted on Jun, 20 2010 @ 04:29 AM
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I bet this guy has been in and out of court for years, running up debts all over the place that he has no intention of paying.

Isn't that called theft and fraud ?
What about the rights of the people that trusted him ?

No doubt some long suffering Judge has reached the end of his patience, and decided to teach this guy a lesson.



posted on Jun, 20 2010 @ 04:54 AM
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well here in my county the sheriff will call you and leave a message if some fool answers the phone they will say you were served and if you don't show they will come after u. my ex was suing a garage that damaged her engine the court date came up but she was on bedrest in hospital i went and explained the situation to court the very next day she had a bench warrant with 2 deputies at her house waiting to arrest her i explained to the deputies she was in hospital. when she got out of hospital she was arrested by deputies for that bench warrant / my cousin who is a lawyer told me were to find judge . i mrt him at bar and calmly explained to him if he didn't release my girlfriend i was going to the press and he could explain how he was locking up a girl who had a csection a couple of days earlier over a court case she was the plantiff of and then i was going to state bar.
my couisin is best attorney in town and explained that i was very serious. i was picking her up within 20 minutes. debt collectors here usually have court one county over from yours and if you don't show court sides with them. i know a company trird to get me to pay someone elses debt who has a similar name only way i found out about it was when i went to sell some land it said there was a lean on it.



posted on Jun, 20 2010 @ 05:00 AM
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In calif the creditors don't want you in court.

The will send the notice to anyplace but where you will get it just to keep you from showing.

When you don't show they win and send the sheriffs to collect.

They can get your wages from the company you work for or if you own a business they can clean out the till or take the contents of the store and sell it at auction.
They can take all but one car so if you own more then one they can auction the other.
They just love bank accounts and will clean them out without telling you.
Then you end up with over draft charges and bad check charges because you did not know they had cleaned out your bank account.



posted on Jun, 20 2010 @ 08:17 AM
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Originally posted by CREAM

Originally posted by HunkaHunka
Well the headline is a bit disingenuous... No one has been jailed for debt... They've been arrest and jailed for not showing up to court regarding debt....


That's a huge difference there...


I dont think there is a difference. Debt is still the original cause and jail is still the end effect no matter how you look at it or reword it. So I personally think the title is not misleading.


Hunka is absolutely right. And the result is based in old, and I mean really old, English Common Law. In those old days, which really were not "good ole", the courts were arms of the monarchy. If you were summoned to court, it was the almighty King summoning you, and if you failed to show up, you were deemed to be "out of the law" or "outlaw" and the penalty was death. No paltry jail (or gaoel) time for you. You were no longer entitled to the protection of the King's law, as a result of having ignored it, and were fair game for any freeholder (citizen) to kill. For huge historical fun take a look at Maitland's History of English Law before the Time of Edward I (with Sir Frederick Pollock, 1895; new ed. 1898; see also his article "English Law" in the Encyclopædia Britannica. Reissued by Cambridge University Press, 2010. ISBN 9781108018074)



posted on Jun, 20 2010 @ 09:32 AM
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Originally posted by L.HAMILTON

Jailed for Debt in the U.S. in the 21st. Century


www.allgov.com

More than a hundred and fifty years ago, Americans were thrown into jail for not paying their debts, until the country did away with so-called debtors’ prisons in 1833. Today, similar punishments have returned for those in over their heads in debts.
(visit the link for the full news article)



Lets be clear, nobody is going to jail for not being able to pay their debts.
This is extremely misleading.

If you do not pay your debts, you may be sued. If you are sued and fail to appear, you might be arrested for failure to appear and not for being in debt.



posted on Jun, 20 2010 @ 12:04 PM
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reply to post by ANNED
 


That is what happens when you over extend your cash flow. Is it justice for those that provided the commerce, merchandise, service or commodity to just cut their losses and let those that failed to make due their debts to get away with their product without any consequences?

I am no fan of debt collectors. They are trained to be vile, obtrusive, pushy and down right sneaky. That is their business. If you live within your means, stop buying crap you don’t need and be responsible by having a bit of self restraint and you will never have the problem of being collected upon or deal with collectors.



posted on Jun, 20 2010 @ 12:21 PM
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aye yi yi. wake up, and find out what your person actually is. there can be no personal debt, because the country is bankrupt. ergo, you are all bankrupt. write "$1000" on a piece of paper and sign it; there is a thousand 'dollars'. as legal as any of the poo money they are passing off for value these days.

[edit on 20-6-2010 by purplemonkeydishwasher]

Mod Edit: Profanity/Circumvention Of Censors – Please Review This Link.

[edit on 20/6/2010 by Mirthful Me]



posted on Jun, 20 2010 @ 12:58 PM
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Originally posted by purplemonkeydishwasher
aye yi yi. wake up, and find out what your person actually is. there can be no personal debt, because the country is bankrupt. ergo, you are all bankrupt. write "$1000" on a piece of paper and sign it; there is a thousand 'dollars'. as legal as any of the poo money they are passing off for value these days.

[edit on 20-6-2010 by purplemonkeydishwasher]

Mod Edit: Profanity/Circumvention Of Censors – Please Review This Link.

[edit on 20/6/2010 by Mirthful Me]


Try running about 50,000 dollars in credit card bills then use this excuse and see what happens



posted on Jun, 20 2010 @ 01:16 PM
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Originally posted by jfj123

Originally posted by purplemonkeydishwasher
aye yi yi. wake up, and find out what your person actually is. there can be no personal debt, because the country is bankrupt. ergo, you are all bankrupt. write "$1000" on a piece of paper and sign it; there is a thousand 'dollars'. as legal as any of the poo money they are passing off for value these days.

[edit on 20-6-2010 by purplemonkeydishwasher]

Mod Edit: Profanity/Circumvention Of Censors – Please Review This Link.

[edit on 20/6/2010 by Mirthful Me]


Try running about 50,000 dollars in credit card bills then use this excuse and see what happens


Try reading the rules which govern commerce, and understand the principle behind money, and money as debt, and then do that, yes, I highly suggest that. Everyone should.

Like I said, there is large portion of reality that you guys are missing out on.

For instance, a credit card bill? Do you receive a bill, or a statement/invoice?



posted on Jun, 20 2010 @ 01:30 PM
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off-topic post removed to prevent thread-drift


 



posted on Jun, 20 2010 @ 02:00 PM
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Originally posted by purplemonkeydishwasher

Try reading the rules which govern commerce, and understand the principle behind money, and money as debt, and then do that, yes, I highly suggest that. Everyone should.

Like I said, there is large portion of reality that you guys are missing out on.

For instance, a credit card bill? Do you receive a bill, or a statement/invoice?



Then do it and tell us your experiences.

When you're required to appear in court, will you? If so, why? if not, why not?



posted on Jun, 20 2010 @ 02:14 PM
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Originally posted by jfj123


Then do it and tell us your experiences.

When you're required to appear in court, will you? If so, why? if not, why not?


Ahh, the 'you do it first' syndrome. I work for contract, and am in the process of moving off the grid - as I can't take the two-faced back stabbing corporate city life any longer. So, I don't use the credit system. I don't use my Person, nor do I receive benefits, or apply for them. I know that when I have registered ANYTHING I lose all legal ownership of it through process of hidden lien. I know that there is a hidden lien on our money. I know that an Act and a Statute and a Bill only apply to employees of a corporation, whom is identified through an SSN or a SIN. I know that paying tax is not required by law. I know that the IRS and the CRA are corporations monitoring two bankrupt governments, and not the tax marshalls they are made out to be - they are balance keepers; nothing more, nothing less. I know that 'driving' means operating in commerce, and that I don't require any sort of licensing to travel in a personal conveyance; I also know that the only thing that gives our economy value is our future export of labour, and by that token of logic, as well as being mandated by legislature, that I am not required to pay for anything with my sweat equity, because due to the corporate nature of our country and government, we have essentially payed for everything having been 'registered' at birth and sold as a commodity on the international market, garnering our corporatocracy trillions of dollars. Does any of that make sense? If not, you might want to look into what is actually going on in this world.



posted on Jun, 20 2010 @ 02:27 PM
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I knew that this was coming down the pike back in 2005 Bush had pushed for this law making it more difficult for Americans to rid themselves of debt by filing for bankruptcy.

What's funny is here we are 5 years later and Bush had claimed that this legislation would make the system stronger !



President Bush commended the vote in a statement. He said, "These common-sense reforms will make the system stronger and better so that more Americans–especially lower-income Americans–have greater access to credit."


Perfect timing for the Sub Prime Mortgage Crisis...I might add.

And now we are surprised to read that Americans are being Jailed for Debt , which is the entire purpose of Bankruptcy protection ?





www.democracynow.org...



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