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Default Judgments ending in Arrest! ACLU investigates.

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Kree
Established Contributor

Default Judgments ending in Arrest! ACLU investigates.

Message 1 of 6
5 REPLIES 5
trusty
Frequent Contributor

Re: Default Judgments ending in Arrest! ACLU investigates.


@Kreewrote:

https://www.aclu.org/issues/racial-justice/race-and-criminal-justice/debtors-prisons

While this is a good headline, I don't think the idea of debtor's prisons is a good category for what this is. - Owing the government.

 

There has always been a risk of being jailed for not paying fines imposed by the government... due to ending up with a warrant.

 

Conversely, if this was going to jail... behind owing the likes of Bofa, or Chase, or US Bank, or Wells Fargo; than, there would rightfully be outrage.

 

But, if you don't pay your tickets, or worse yet... don't pay your child support; than, no one but the ACLU is going to feel sorry for you, anyway.

Message 2 of 6
Anonymous
Not applicable

Re: Default Judgments ending in Arrest! ACLU investigates.

Anything owing to the government can get ya thrown in the clink.  Child support, back taxes, fines, even unpaid water bills from a local government can end you up in criminal court instead of civil depending on jurisdiction.

 

In many jurisdictions not paying a court ordered civil matter can be considered contempt of court (very common in child support cases) and you can be jailed that way too.

 

If you owe money to Uncle Sam or any of the fifty states or any county/local/municipal government, it can end in serving time. 

 

That being said, its rather uncommon for them (except for taxes and CS) to actually actively pursue someone not paying old bills in this manner.  Its really expensive to skip trace, extradite, and then squeeze for money.  They usually end up throwing old debts to a collection agency and they will do the dirty work.

 

Remember in most cases government debt does not have a statute of limitations.  If you owe a fine from 20 years ago, its still valid and can be collected.  If you owe back taxes, child support, federal aid repayments, unemployment overpayments, anything like that, they can and will levy your property, take you back to court, get a new judgement, and it will follow you everywhere.

 

Bottom line, pay the government, they do not play.  They might not actively seek you out, but if you pop up on the radar, BAM, youre right back in.

 

Its one of the reasons those scam bill collectors get away with acting like police or other government officials, because their threats while toothless, are reflecting reality.  If thats a REAL debt they are referring to, there very well could be a warrant out there for you.  Not showing up to court to show cause why you didnt pay a fine?  Guarantee theres a bench warrant out.  Whether or not its nationwide depends on the size of the fine, if it was for something really petty like a speeding ticket, or if its 10 grand from a felony thing, if its a big one from a felony or gross misdemeanor case, you might get picked up for a seatbelt violation and end up going cross country in a transport bus just to be reminded harshly that you owe them money.

 

Fortunately, most people dont have to worry about such things.

Message 3 of 6
Kree
Established Contributor

Re: Default Judgments ending in Arrest! ACLU investigates.

Message 4 of 6
Anonymous
Not applicable

Re: Default Judgments ending in Arrest! ACLU investigates.

People can and do get arrested for unpaid civil suits. Usually, it involves a bench warrant when someone didn't follow the court instructions (read pay the judgment), and normally a night in jail. Then in the AM they pay a small amount. Usually, its about $200 or so to get out of jail. The funds go to the creditor.

Message 5 of 6
trusty
Frequent Contributor

Re: Default Judgments ending in Arrest! ACLU investigates.


@Kreewrote:

Whoops wrong ACLU article. I meant to link this one.

 

https://www.aclu.org/issues/mass-incarceration/privatization-criminal-justice/criminalization-privat...?


 

Much better article. I would probably be aghast... if I hadn't learned long ago; that the lower classes get mistreated, in all walks of life.

 

However, what this article is truly pointing to... is corruption. It's clearly fraud for a collection agency to send out threatening letters on government letterhead. At the bare minimum, it's doing business under false pretenses.

 

Naturally, certain municipalities are happy to take advantage of indigent and ignorant debtors. But, the idea that a local government would sign a two-way deal with a collection agency; enabling the collection agency to pretend to be the government - outside the scope of government debts - is wholly unconsionable, and furthermore, an out and out perpetration of fraud against the populace.

 

The collection agencies involved, are being protected by corrupt political actors... that are most certainly taking their cut of the scam.

 

Somebody should have discovered the scam by the time someone got accidentally thrown in jail; without due process, nor any proof that the defendant was even served correctly.

 

The only way to root out corruption, is to go up the chain... until you find someone that is not for sale. As of late... fat chance.

 

By the way, it would seem that a reliable way to prevent, "debtor's prisons," would be to apply the same due process laws that apply to any other criminal proceeding. To wit: if there is a possibility of criminality, or any of the results of criminality, (i.e. jailing)... than, due process demands that representation be provided... via public defender.

 

So, if someone has the spectre of jail over their head... than, they definitely need to be provided a public defender, to ensure that they receive the same equal protections, under the law.

Message 6 of 6
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