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  1. #1
    Gird your loins Daisy Hill's Avatar
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    12.09.17 @ 08:36 PM
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    Default Did you know you could be jailed for failing to pay your bills?

    me neither, but apparently some businesses, like those payday loans companies, are successful in getting people thrown in jail for failing to pay their bills

    and it's legal in 13 states!!!!!!!!!!!!!!!

    I think this is a terrible misuse of our judicial and jail systems for something that is usually handled thru attachment of debtors wages

    this is from the Wall Street Journal

    Welcome to Debtors' Prison, 2011 Edition

    By JESSICA SILVER-GREENBERG


    Some lawmakers, judges and regulators are trying to rein in the U.S. debt-collection industry's use of arrest warrants to recoup money owed by borrowers who are behind on credit-card payments, auto loans and other bills.

    More than a third of all U.S. states allow borrowers who can't or won't pay to be jailed. Judges have signed off on more than 5,000 such warrants since the start of 2010 in nine counties with a total population of 13.6 million people, according to a tally by The Wall Street Journal of filings in those counties. Nationwide figures aren't known because many courts don't keep track of warrants by alleged offense. In interviews, 20 judges across the nation said the number of borrowers threatened with arrest in their courtrooms has surged since the financial crisis began.

    The backlash is a reaction to sloppy, incomplete or even false documentation that can result in borrowers having no idea before being locked up that they were sued to collect an outstanding debt. The debt-collection industry says such errors are extremely rare, adding that warrants usually are sought only after all other efforts to persuade borrowers to pay have failed.


    Earlier this month, Washington state's House of Representatives passed by a 98-0 vote a bill that would require companies to provide proof a borrower has been notified about lawsuits against them before a judge could issue an arrest warrant. All 42 Republicans voted for the legislation, which is expected to pass the state's Senate and be signed into law by the governor. A trade group representing debt collectors supports the bill and says the changes are needed because some companies are abusing Washington's existing law by improperly arresting borrowers.

    In Florida, training this week for dozens of new judges and sitting judges who are moving to courts with the power to lock up borrowers includes a session about potential abuses of debt-related warrants. "Before we take away a person's freedom, we want to ensure that there are procedural safeguards," said Peter Evans, a Palm Beach County, Fla., state-court judge who proposed the session.

    Some judges elsewhere are issuing fewer debt-related arrest warrants because law-enforcement officials complained those cases gobble up resources needed to pursue violent offenders.

    Illinois regulators are investigating the use of warrants by debt collectors and other financial firms doing business in that state. In September, the Illinois Department of Financial and Professional Regulation issued an order seeking to revoke the license of Easy Money Express Inc. The Paducah, Ky., payday lender won arrest warrants against at least four customers. One spent five days in a Carbondale, Ill., jail last March after failing to pay a $275 debt, court filings show. The lender "exploited the court system to obtain the arrest and incarceration of its customers," said Sue Hofer, a spokeswoman for the agency. The company declined to comment but is fighting the state's proposed ban.

    At the national level, the Federal Trade Commission began scrutinizing in July the use of arrest warrants in debt-collection lawsuits. An FTC spokesman declined to comment on whether the inquiry has led to formal investigations by the agency, which oversees the debt-collection industry and enforces a U.S. law that restricts how borrowers can be pursued for debts.

    Arrest warrants generally can be issued if a borrower defies a court order to repay a debt or doesn't show up in court. Retailers, credit-card issuers, landlords and debt collectors are the most frequent seekers of such orders, according to court filings and interviews with judges and lawyers.

    Encore Capital Group Inc., the largest publicly traded debt-buying firm by revenue, last year began requiring law firms handling its cases to follow a "code of conduct" that includes this sentence: "Under no circumstances should a firm cause a consumer to be taken into custody involuntarily."

    J. Brandon Black, Encore's president and chief executive, said the San Diego company decided to stop threatening borrowers with jail because the practice made Encore look bad. The company filed 425,000 lawsuits against borrowers last year, up 27% from 334,000 in 2009.


    Last year, officials in McIntosh County, Okla., south of Tulsa, issued about 1,500 debt-related arrest warrants, up from about 800 a year before the crisis, according to a court clerk. More than 950 borrowers got similar warrants in Salt Lake City courts last year. Maricopa County, Ariz., officials issued 260 debt-related warrants in 2010.

    Few orders result in jail time. For example, in Piatt County, Ill., just five borrowers were arrested last year out of the 13 hit with debt-related arrest warrants. The sheriff said he puts a higher priority on tracking down people accused of violent crimes.

    "I wish I could do it more," said Piatt County Circuit Judge Chris Freese, who has heard hundreds of debt-collection cases. "It's often the only remedy to get people into court and paying their debts."

    In one of those cases, Emmie Nichols, 26 years old, was arrested in June at her mother's house after lawyers for Capital One Financial Corp. won an arrest warrant against her for skipping a court hearing about $1,159.87 she owed on a credit card from the company. The $500 bond that freed Ms. Nichols from the county jail was turned over to Capital One as a partial payment of the debt, court filings show. A Capital One spokeswoman declined to comment on Ms. Nichols. Some judges are worried that the jump in debt-related arrest warrants is creating a modern-day version of debtors' prison. The practice ended in 1833 after decades of controversy, since borrowers owing as little as 60 cents could be held indefinitely in squalid jails until they paid off their debt.

    Earlier this year, Vanderburgh County, Ind., Superior Court Judge Robert Pigman asked Indiana's highest court to review the legality of debt-related warrants after law-enforcement officials complained they can't quickly access arrest orders for dangerous criminals because their computer system is clogged with debt cases. The Indiana Supreme Court hasn't responded to the request.

    In September 2009, Jeffrey Stearns, a concrete-company owner, answered a knock at the door from a Hancock County, Ind., deputy sheriff. The deputy was holding a warrant to arrest Mr. Stearns for not paying $4,024.88 owed to a unit of American International Group Inc. on a loan for his pickup truck.

    After being handcuffed in front of his four children, Mr. Stearns, 29 years old, spent two nights in jail, where he said he was strip-searched and sprayed for lice. Court records show he was released after agreeing to pay $1,500 to the loan company. "I didn't even know I was being sued," he said, though he doesn't dispute owing the money. "It's the scariest thing that ever happened to me."

    Mr. Stearns said he never got the summons or two orders to show up before a judge that a deputy sheriff said in court filings were delivered to him. Hancock County Sheriff Mark Shepherd couldn't be reached for comment. Mark Herr, an AIG spokesman, declined to comment on Mr. Stearns but said the lending unit was sold in November.

    survivor of the Bowling Green Massacre 9-3-2016 BGSU 10 OSU 77

    She was warned. She was given an explanation. Nevertheless, she persisted.

  2. #2
    Good Enough SassyLassy's Avatar
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    04.27.16 @ 06:28 PM
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    Since when can people be used as collateral?? That's straight-up indentured servant shit!
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  3. #3
    Gird your loins Daisy Hill's Avatar
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    12.09.17 @ 08:36 PM
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    I don't know. but if you could get sent to jail for being in debt, I think I have a couple of tenants who could be up for the death penalty LOL

    survivor of the Bowling Green Massacre 9-3-2016 BGSU 10 OSU 77

    She was warned. She was given an explanation. Nevertheless, she persisted.

  4. #4
    Good Enough SassyLassy's Avatar
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    04.27.16 @ 06:28 PM
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    LMAO!

    Oh damn, my student loans..........
    ***OFFCIAL TLW 8 VIRGIN/SURVIVOR!***

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  5. #5
    Gird your loins Daisy Hill's Avatar
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    12.09.17 @ 08:36 PM
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    next thing you know Capital One will be lobbying for the legalization of selling your organs.......just one kidney could pay off a credit card

    but it might take a lung to get the mortgage taken care of

    survivor of the Bowling Green Massacre 9-3-2016 BGSU 10 OSU 77

    She was warned. She was given an explanation. Nevertheless, she persisted.

  6. #6
    Good Enough SassyLassy's Avatar
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    That sounds like the plot of a Kilgore Trout novel O_O
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  7. #7
    Forum Frontman It's Mike's Avatar
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    12.11.17 @ 05:13 AM
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    this is fantastic news in my opinion. maybe the threat of jail will force people to make better decisions.

  8. #8
    Eruption
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    05.26.17 @ 11:48 PM
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    I have mixed feelings about all this.

    I'm all for personal responsibility. But isn't the whole point of credit ratings and loan approvals and the like supposed to prevent people from getting into high debt they can't pay off in the first place? So this is broken. And instead of fixing that, we are now arresting people.

    Suppose you are responsible but you lose your job and default on some loans -- all the while you are trying to get re-employed. Not only can your stuff get repossessed, but perhaps you can get arrested and locked up too?

    And then you have the arrest (and maybe bail) on top of it. What criminal laws did you break and what was your criminal intent?

  9. #9
    Eruption
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    05.26.17 @ 11:48 PM
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    Quote Originally Posted by Daisy Hill View Post
    <snip>...In September 2009, Jeffrey Stearns, a concrete-company owner, answered a knock at the door from a Hancock County, Ind., deputy sheriff. The deputy was holding a warrant to arrest Mr. Stearns for not paying $4,024.88 owed to a unit of American International Group Inc. on a loan for his pickup truck.

    After being handcuffed in front of his four children, Mr. Stearns, 29 years old, spent two nights in jail, where he said he was strip-searched and sprayed for lice. Court records show he was released after agreeing to pay $1,500 to the loan company. "I didn't even know I was being sued," he said, though he doesn't dispute owing the money. "It's the scariest thing that ever happened to me."...<snip>
    Now wait a minute. This is the same A.I.G that lost billions and billions in taxpayer money and had to be bailed out repeatedly by the taxpayer in 2009?

    They should have locked up the entire executive board of this company along with Mr Stearns! But instead of spraying them for lice, they should have sprayed them with lice and flea eggs, and maybe some more parasitic crap on top of it.

  10. #10
    Forum Frontman Double Down's Avatar
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    11.17.17 @ 12:11 PM
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    Quote Originally Posted by Duck View Post
    I have mixed feelings about all this.

    I'm all for personal responsibility. But isn't the whole point of credit ratings and loan approvals and the like supposed to prevent people from getting into high debt they can't pay off in the first place? So this is broken. And instead of fixing that, we are now arresting people.

    Suppose you are responsible but you lose your job and default on some loans -- all the while you are trying to get re-employed. Not only can your stuff get repossessed, but perhaps you can get arrested and locked up too?

    And then you have the arrest (and maybe bail) on top of it. What criminal laws did you break and what was your criminal intent?
    Right on all points. Couldn't agree more.

  11. #11
    Gird your loins Daisy Hill's Avatar
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    the only debt someone should be arrested for in front of their children is child support.....everything else is a civil matter.....much as I would like the to have the people who owe me money incarcerated, it is not the judicial systems business to spend taxpayer money to work as a collection agency for private firms

    let them pay court costs and have their clients wages attached.

    if the court wants to hold the debtor in contempt of court for not paying as ordered, sentence them to community service, but don't spend our tax dollars locking them up

    and yeah that's AIG the same people who took the entire country for ride, having people arrested for owing THEM money.....takes the balls of a burglar, I tell ya!

    survivor of the Bowling Green Massacre 9-3-2016 BGSU 10 OSU 77

    She was warned. She was given an explanation. Nevertheless, she persisted.

  12. #12
    carpe damn diem billy007's Avatar
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    Quote Originally Posted by Daisy Hill View Post
    ...takes the balls of a burglar, I tell ya!
    or a corporate executive!

  13. #13
    Atomic Punk Wruff_ajax's Avatar
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    Quote Originally Posted by It's Mike View Post

    this is fantastic news in my opinion. maybe the threat of jail will force people to make better decisions.

    Talk about bad decisions. Maybe the dumbfuck bankers shouldn't have loaned all that money to people that they knew damn well in the first place couldn't afford it. That whole ponzi scheme thing we were talking about a couple of weeks ago there, Mike. And now law enforcement is sent to take peoples flesh for payment.
    Our prisons are not here to punish the populace for the bad deals that the dumbfuck bankers made.

    Credit card companies that give unqualified people cc's with crazy adjustable rates, and now expect law enforcement to collect and punish people by locking them in cages. This is insane. I saw this coming years ago, and now this is what we've become. It's terribly unjust. Very sad for this country. Though as we've privatized our prisons and made them for-profit corporations then these sorts of injustices should come as little shock to Americans. Flesh for profit.

    Meanwhile the assholes (bankers) that couldn't loan their cheap money fast enough and caused this whole mess get billion dollar bonuses and are protected by our government. There's no risk in it for them anymore. Only bailouts and bonuses. Criminals. Fucking pathetic.

    Yeah, this is "fantastic news". You're mad.

    Mind you I paid off my credit cards many years ago. I only hope that shitty and crooked cell phone company doesn't send the cops over to arrest me for that $40 that's been in dispute. wtf

    "fantastic news". Lol @ bankers. Shit on bankers.

    World gone mad.


    Quote Originally Posted by Daisy
    it is not the judicial systems business to spend taxpayer money to work as a collection agency for private firms.
    Word
    _-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_

  14. #14
    Forum Frontman It's Mike's Avatar
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    bankers rule Wruff.

  15. #15
    PM Goo with your concerns OLO's Avatar
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    I believe that banking institutions are more dangerous to our liberties than standing armies. If the American people ever allow private banks to control the issue of their currency, first by inflation, then by deflation, the banks and corporations that will grow up around [the banks] will deprive the people of all property until their children wake-up homeless on the continent their fathers conquered. The issuing power should be taken from the banks and restored to the people, to whom it properly belongs.
    Thomas Jefferson, (Attributed)
    3rd president of US (1743 - 1826)
    ((Just My Two Cents))
    And thats about what its worth.

 

 

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