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View Full Version : Debtors' Prison in the USSA - "indefinite incarceration" in some cases



I am me, I am free
10th June 2010, 02:55 PM
Man sentenced "to indefinite incarceration" for a $300 (make-believe) debt to a lumberyard.

http://www.startribune.com/investigators/95692619.html?elr=KArks:DCiUHc3E7_V_nDaycUiD3aPc:_ Yyc:aULPQL7PQLanchO7DiUr

Quantum
10th June 2010, 04:06 PM
An awesome find, IAMIAF!

NEVER, EVER ignore a court summons!

These folks were abused by gangster judges solely because they failed to respond to court proceedings. File an answer within the time allotted, even a handwritten one in "proper form" (meaning on pleading paper, with the right header, etc.). There are books in your library which will help you file a general answer sufficient to prevent a default, summary judgment against you. If you cannot afford the response fee, file for a fee waiver.

If the debt terrorists (debt buyer-collectors) still pursue the case (some only pursue default judgments), fight them in court, by denying or not admitting any minor detail - make them prove every point they contend. Demand DOCUMENTS when an allegation is made. IT IS POSSIBLE to defeat the debt terrorists if you don't give them the rope to hang you. If you still lose, immediately investigate the options for Chapter 7 or Chapter 13 bankruptcy, whose automatic stay blocks any further state court action, including arrest warrants for debts.

Quantum
10th June 2010, 04:10 PM
Related article...

http://www.startribune.com/local/95699274.html?elr=KArks:DCiU6:5DiaPQEacyiUiacyKUUs

What to know: Avoiding warrants

Bill collectors can legally seek warrants to arrest people who don't respond to legal action over debts. But debtors can take steps to avoid arrest.

• Carefully read documents from collectors. You may not recognize a creditor's name or the amount owed. Old debts often are sold to debt-buyer firms, which tack on interest and fees.

• If you get a summons and complaint, it means you are being sued and the case is going to court. A summons can be delivered by hand or by mail, and needn't be filed in court first.

• Respond promptly to a summons, admitting or denying the debt and disclosing requested information. Watch for court hearings. If you ignore such legal matters, the collector can win a judgment by default and seek a warrant for your arrest.

• Debtors have some rights even if they owe money. For example, Minnesota law prevents collectors from obtaining judgments after six years.

• If you want professional advice, but can't afford a lawyer, ask the court clerk about volunteer attorneys who answer questions about collection cases.

Sources: National Consumer Law Center, Federal Trade Commission

keehah
21st April 2012, 10:57 AM
More of the same in todays news...

Breast cancer survivor handcuffed and thrown in jail over a mistaken $280 medical bill as 'debtor's prisons' return to the U.S (http://www.dailymail.co.uk/news/article-2132973/Breast-cancer-survivor-handcuffed-thrown-jail-mistaken-280-medical-debtors-prisons-return-U-S.html#ixzz1shOOAyoO)
DAILY MAIL 20 April 2012

Acting within the law, debtors aren't arrested for nonpayment, rather for failing to arrive to court hearings thereby falling foul of contempt of court laws.

This results in a police arrest warrant being issued for 'failure to appear', the debtor is tracked down, packed off to jail and can only get out by paying the set bail bond which of course matches the amount owed.

The state of Illinois is waiting for their senate to approve a law which will plug loopholes enabling lenders to use state resources to chase their debts.

Affecting everyone who owes money from health care services to automobile loans, debt collectors are using publicly funded courts, sheriff deputies and county jails to pressure people with prison to pay back their money reports CBS News.

And now some state legislators are trying to plug this loophole by making court notices be served in person rather than mail, arrest warrants to expire after a year and the bail bond returned to the debtor not the lender.

palani
21st April 2012, 11:21 AM
the debtor is tracked down, packed off to jail and can only get out by paying the set bail bond

Legal tender is something the CREDITOR is FORCED to take. The debtor is not obligated to PAY in legal tender. Impossibility is a darned good defense.

Offer to pay SOMETHING. That SOMETHING then stands in as a NOVATION of the entire debt.

Contracts are mobile. They change frequently. If you want to stay away from argument then tune in to REASON.

Serpo
21st April 2012, 03:05 PM
And the people on well paid jobs get to make these laws...................