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View Diary: NYT: Debt Collectors In The E.R. And At Your Bedside During Recovery (168 comments)

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  •  Not paying their bills to the state. nt (2+ / 0-)
    Recommended by:
    wishingwell, DollyMadison

    Today, strive to be the person you want to be.

    by GoGoGoEverton on Tue Apr 24, 2012 at 02:19:20 PM PDT

    [ Parent ]

    •  Fair use prohibits me copy n pasting the whole (18+ / 0-)


      It most definitely says that just not paying your bills is not enough to get arrested and sent to jail...

      but failing to respond to a court document (either FTA - failure to appear to a summons, or a court decision to pay a lawful debt) THAT can get you arrested and jailed, because in either case, you are 'flaunting the Legal system' and failing to do as directed by a Court.

      Still, the originating cause here is failure to pay a debt, or be accused of doing so (many creditors sue the wrong people, or sue them using fraudulent documents, ie Mortgage Fraudclosure), and failing to answer in a court of Law regarding the issue.

      So, yeah, Debtors can and do go to jail because of failure to pay their bills. Has happened right here in my own State of Washington, where the State Legislature passed a bill in 2011 directing Courts to require specific documentation before warrants can be issued (specify the correct person was subpoenaed and served, also that the service to the defendant was properly done and documented - too many cases have shown either the wrong person is in court, or the service was either not legally performed or the agent falsified the service documentation).

      So, we're throwing people in jail across the country for NOT PAYING BILLS and sometimes, it's the wrong people. You know, like how we have death row inmates duly convicted in a court of law who are proven innocent years later by groups such as the Freedom Project.

      Shit happens, here in 21st century America. Shit that no one wants to believe happens here in the land of the free and the home of the brave...


      * * *
      I like paying taxes...with them, I buy Civilization
      -- SCOTUS Justice O.W. Holmes Jr.
      * * *
      "A Better World is Possible"
      -- #Occupy

      by Angie in WA State on Tue Apr 24, 2012 at 03:51:42 PM PDT

      [ Parent ]

      •  However, that "summons" can be printed in a paper (3+ / 0-)
        Recommended by:
        Shotput8, peptabysmal, northsylvania

        75 miles away.  How often do you check all of the newspapers of every city within a 100 mile radius of where you are?

        There is no saving throw against stupid.

        by Throw The Bums Out on Tue Apr 24, 2012 at 05:45:27 PM PDT

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        •  Only after making a good-faith effort to find you. (1+ / 0-)
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          They can't just publish the summons in a paper.  They have to try to find you first.

          A lot of people will go to great lengths to try to make themselves unfindable to avoid their debts, so the legal system has an "out" in those situations: notice-by-publication.

          •  Actually, they can. It may be illegal but they (3+ / 0-)
            Recommended by:
            peptabysmal, BusyinCA, northsylvania

            still do it anyway because the worst thing that can happen is you get released.  It is kind of like perjury on the stand, it may be illegal but it happens so often and is so rarely prosecuted that it has become standard practice.  Remember, debt collectors are known to use not only threats of debtor's prisons but threats of physical harm against the person and their family despite it being a FCRA violation.  In fact, the FCRA is more like a suggestion than a rule.

            There is no saving throw against stupid.

            by Throw The Bums Out on Tue Apr 24, 2012 at 06:15:04 PM PDT

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            •  Except the CA's don't get to decide about how... (0+ / 0-)

              ...the process servers serve papers.

              So, no, they actually can't just do it that way.

            •  My son (2+ / 0-)
              Recommended by:
              peptabysmal, melo

              was run over by someone who had run a red light. He realised there was a warrant out for his arrest for leaving the scene of an accident (unconscious, in an ambulance) because a friend of his read the small print in the back of the paper. He did hire a lawyer, which cost more than the fine might have been, but he's had to pay for that lawyer slowly out a barista's salary. Luckily he has a real job now, but that was two years ago, and he's only now getting out from under it.
              We were discussing this incident at a large dinner when two other people chimed in on getting their summons too late to appear.
              I don't believe these are isolated incidents, they seem to be trends.

              "There's a crack in everything; that's how the light gets in". Leonard Cohen

              by northsylvania on Wed Apr 25, 2012 at 07:31:42 AM PDT

              [ Parent ]

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