Out of Minnesota come disturbing reports of Americans being thrown in jail due to outstanding bills -- sometimes for as little as $85. The Star-Tribune of Minneapolis profiles a number of people who say their debts got them jailed, including Joy Uhlmeyer a 57-year-old patient care advocate who was pulled over on her way home from visiting her elderly mother and put in jail for a night for missing a court hearing about unpaid debt.
The Star-Tribune reviewed the state's court documents and found that arrests like Uhlmeyer's are up 60% in Minnesota over the past four years. And Minnesota isn't the only state where this is happening. It's a turn of events Ed Mierzwinski, consumer program director at advocacy group U.S. Public Interest Research Groups (or PIRG), calls a "very bad situation for consumers." Mierzwinski attributes the practice to "bottom-feeder debt collectors [who] are very aggressive."
People who are imprisoned for their debts are technically locked up for contempt of court after failing to appear for a hearing pertaining to their debt. It's a legal loophole that debt-collection companies are increasingly using. Here's how it works: First, the collections company files a lawsuit against the debtor, which requires them to appear in court. If the debtor doesn't show up, the creditor wins a default judgment against them. This allows them to ask the court to schedule another hearing at which the judge can go through the debtor's assets and determine if actions such as wage garnishments or bank account seizures can take place.Read more: Here..
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The Star-Tribune reviewed the state's court documents and found that arrests like Uhlmeyer's are up 60% in Minnesota over the past four years. And Minnesota isn't the only state where this is happening. It's a turn of events Ed Mierzwinski, consumer program director at advocacy group U.S. Public Interest Research Groups (or PIRG), calls a "very bad situation for consumers." Mierzwinski attributes the practice to "bottom-feeder debt collectors [who] are very aggressive."
People who are imprisoned for their debts are technically locked up for contempt of court after failing to appear for a hearing pertaining to their debt. It's a legal loophole that debt-collection companies are increasingly using. Here's how it works: First, the collections company files a lawsuit against the debtor, which requires them to appear in court. If the debtor doesn't show up, the creditor wins a default judgment against them. This allows them to ask the court to schedule another hearing at which the judge can go through the debtor's assets and determine if actions such as wage garnishments or bank account seizures can take place.Read more: Here..
I'm an attorney and I've done some pro bono work for consumer debt clients. In the vast majority of cases the debtor never receives notice of the lawsuit, or service is defective. So for awhile I was able to get a lot of these default judgments overturned because I would raise this argument.
ReplyDeleteThe collectors also generally aren't allowed to harass or even communicate with the debtor if they are sent written notice (I make sure to send a letter). They must also show certain evidence, which they won't have if the debt has been passed along for awhile, which it usually has. Aside from that, the fees will generally get knocked off in court too. But it's still really sleazy and messed up, in all honesty you are better off borrowing money from a loan shark probably. At least that way the law doesn't side with them, I've even heard of collectors threatening to burn someone's house down.
Anyway, what happened was after awhile, the corrupt legal system, bought off by the elite, including the collectors, at least in my state, sent down a case basically nullifying my arguments and changing the entire legal process by moving the burden of proof onto the debtor rather than the collection agencies, which is pretty much against all established law. Doesn't matter, that's how law works, and there's no way I can afford to fight a prolonged legal battle for this. Somebody else will have to do it, since I have to put a roof over my head and food on my table doing other legal work that can pay decently and on a good time table.
I still think the legal system is mostly a farce. You can't really get around the politics and the money. When you hire an attorney, generally you are usually hiring a reputation and sort of buying connections for yourself. There is some skill involved but you'll never see the systemic injustices cured through the legal system, as it's merely just a pawn for the elites to use against the masses.
I'm actually a damn good attorney, part of that is knowing when to pick my battles. Some people say that anybody can win the good cases, and it takes real skill to win the bad ones. I think it's more that the best get and take the best cases, while the bad attorneys all lose the bad cases a lot and go hungry.
There's only one thing left to do, then, isn't there? Any guesses as to what that is?
ReplyDeleteThank you Anonymous attorney, you've said what I've thought for a long time.
ReplyDeleteI give up, what?
ReplyDeleteI've heard of not acknowledging your name on any document that is in all capitals because it's your straw man, not really your person, and to refuse to go beyond the bar in a courtroom because until you do, you can stand on common law and not be subject to the court's jurisdiction.
ReplyDeleteIt's a rhetorical question.
ReplyDeleteSorry, I said that wrong. Your "person" is your straw man and subject to these laws. A freeman on the land is who you really are, but the system has fooled people into think they are something else. http://www.scribd.com/doc/7706061/Claim-of-Right-for-Americans
ReplyDeleteA freeman on the land is who you really are,
ReplyDeleteOtherwise known as Sheep.
LOLOL 11:33 I know its a silly ass post, but it was right on time lolol. I don't much pay attention to silly posts but this one right after all the "serious" stuff was funny lol
ReplyDeleteIntentionally misleading!! They were put in jail for having an outstanding warrant. If you are scheduled to go to court I suggest you show up regardless of the reason for the court date.
ReplyDelete