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Although the U.S. abolished debtors' prisons in the 1830s, more than a third of U.S. states allow the police to haul people in who don't pay all manner of debts, from bills for health care services to credit card and auto loans. In parts of Illinois, debt collectors commonly use publicly funded courts, sheriff's deputies, and country jails to pressure people who owe even small amounts to pay up, according to the AP.
Imprisonment for debt. Section 11. That no person shall be imprisoned for debt, except for nonpayment of fines and penalties imposed by law.
Source: Const. of 1875, Art. II, § 16.
(1951) Section 462.430, authorizing attachment for contempt for failure to surrender assets to estate, held not unconstitutional as against contention it authorizes imprisonment for debt. Zeitinger v. Mitchell (Mo.), 244 S.W.2d 91.
(1976) Held that imprisonment for contempt is proper remedy for failure to comply with court order for maintenance and child support when person disobeying order has intentionally placed himself in a position which made compliance impossible. State ex rel. Stanhope v. Pratt overruling Coughlin v. Ehlert, 39 Mo. 285 (1866). State ex rel. Stanhope v. Pratt (Mo.), 533 S.W.2d 567.
Originally posted by JibbyJedi
reply to post by Ex_CT2
That's a disgusting story, but I hear similar all the time. It's impossible to avoid sometimes, especially if you move apartments/homes on occasion.
How does this debtor' prison idea apply to small claims wins? I have rental property debtors and contractors who've stolen from me I've sued successfully, and they have not paid me the judgement amounts. Rental property dead beats get 20 years to repay past rent in many states. I'm out almost $10k from these punks, I think prison should be a possibility for them, or they have no real incentive to repay their debts to me.
Under the law, debtors aren't arrested for nonpayment, but rather for failing to respond to court hearings, pay legal fines, or otherwise showing "contempt of court" in connection with a creditor lawsuit. That loophole has lawmakers in the Illinois House of Representatives concerned enough to pass a bill in March that would make it illegal to send residents of the state to jail if they can't pay a debt. The measure awaits action in the senate.
Contempt is a secondary emotion (not among the original six emotions) and is a mix of the primary emotions disgust and anger.
Originally posted by PsykoOps
So if it takes more money to jail someone to pay the actual debt then why not just have the government buy the debt? Then take it back in taxes slowly in few decades? Everyone wins? Except the privatized prison industry but when they win the world loses
Originally posted by taccj9903
Makes no sense whatsoever. The amount of money spent by the taxpayers to house these so called "criminals" in many cases is more than the debt owed. Not too mention, being sent to jail leaves a record which could compromise finding a job so the debt could be paid back.
Why don't they go after the idiots in Washington who are running up our national debt? No, they would rather jail people who obviously have no money, damn we need a revolution.