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This blog is lying and is totally untrue. Look at this quote it made:
"How does this work when we don’t have official debtors prisons? Simple. The collection agency sends you a notice. If you don’t show up in court, you can be arrested for contempt."
Total B.S. The courts have no authority to arrest you in this situation. The worst that could happen is you would have a default judgement against you where they could garnish your future wages and seize your assets.
This blog obviously has an agenda to scare people to achieve whatever it is trying to do.
I contacted a Bankrupcy Attorney & inquired about this, as well as Bench warrants regarding debt.
For a Free Consultation, I Found Out That It is indeed True; as the not showing up for the court hearing is how these are issued!!
The Truth Sets Us Free, But Ignorance Is Bliss!!!!
Again, Your Posts Are Very Informative & Helpful!!!
Total B.S. The courts have no authority to arrest you in this situation. The worst that could happen is you would have a default judgement against you where they could garnish your future wages and seize your assets.
Maybe so, but in Minnesota you can be sent to prison. See:
In jail for being in debt | StarTribune.com (http://www.startribune.com/local/95692619.html - broken link)
I actually posted on this article a couple days ago on the Star Tribune's website. Here is what I have to say about this. I am not sure why the "A new breed of debtor's prison" is in the unemployment section, with that being said.
The United States does not have a debtor's prison. Ocassionally I purchase judgments and enforce them on my own behalf. What the Start Tribune fails to mention is that the judgment-debtors that were arrested were NOT arrested due to the fact that they did not pay the judgment. Actually, you are under no obligation to pay a judgment. That is why the legislature gives judgment-creditors tools to collect a judgment. Now onto the ACTUAL reason why these judgment-debtors were arrested. As I said before the laws give judgment-creditors tools to collect the judgment. When a judgment-creditor wants to find out asset information about the judgment-debtor, the laws provide them with tools like: Information Supoenas, Depositions in Aid of Execution(also commonly known as Oral Examination, Order for Discovery, etc.), Supoena Duces Tecum, interrogatories, etc. They all go through the same process so I am just going to choose one(Oral Examination): First a judgment creditor applies to the Court(normally through an ex-parte petition) to have an Oral Examination with the judgment debtor. Judge signs an order for the judgment debtor to show up at a certain place and at a certain time. This is now served upon the judgment debtor. The judgment debtor does not show up.. This creates a problem for the judgment creditor so the judgment creditor then files a motion and proposed order to compel(also known as motion to show cause, motion to enforce litigant's rights). The order is granted, showing the Court that the judgment debtor was served in a proper manner, the judgment debtor did not show up to court, etc. The order will tell the judgment debtor that they have to appear by a certain date or they will be held in contempt of court some orders give a warning as far as telling them they will be arrested and incarcerated until they comply. This order is served upon the judgment debtor. The judgment debtor ignores it. The judgment creditor then has to apply to the Court for an arrest warrant(this is also done through an ex-parte petition). The judgment creditor shows the court that the judgment debtor was properly served with the order to compel. That the judgment debtor is still not in compliance of the court order. The Court will then issue an arrest warrant, the judgment creditor then has to bring the arrest warrant to the sheriff. At which time the sheriff takes their sweet time serving the warrant. Eventually the judgment debtor will then get arrested and incarcerated until they either 1) comply with the order to testify about their assets or 2) pay the judgment in full(paying the judgment in full makes the situtation moot because the judgment creditor does not need to know about your assets anymore).
So simply said, the judgment debtor does not goto jail for not paying a judgment, they go to jail for failing to comply with an order..
gmcclure: "So simply said, the judgment debtor does not goto jail for not paying a judgment, they go to jail for failing to comply with an order"
Same thing I said, in fewer words.
Or They Can Go To Jail (Bench Warrant) For Not Appearing For The Court Hearing!!
As Unemployment Benefits Are NOT Guarnishable, It Is Up To The Judge If Any Judgement Applies, Not The Creditor!! & Judges Can/& Are Sympathetic To Unemployed People!!
But Creditor's Will Try All Types Of Scare Tactics. This From A Bankrupcy Attorney, Who Was Giving Advice In My Best Interests, Not The Creditor!!
Last edited by mtmarabianz; 06-20-2010 at 01:48 PM..
Reason: Addition
Maybe so, but in Minnesota you can be sent to prison. See:
In jail for being in debt | StarTribune.com (http://www.startribune.com/local/95692619.html - broken link)
I read that, but I do not see how it can be true. I can believe it on unpaid child support, or taxes. However, a $250 credit card debt is a civil matter so I have no idea how Minnesota is getting away with this.
I read that, but I do not see how it can be true. I can believe it on unpaid child support, or taxes. However, a $250 credit card debt is a civil matter so I have no idea how Minnesota is getting away with this.
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