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phasma ex machina Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-12-10 01:26 AM
Original message
In jail for being in debt
In jail for being in debt

You committed no crime, but an officer is knocking on your door. More Minnesotans are surprised to find themselves being locked up over debts.

As a sheriff's deputy dumped the contents of Joy Uhlmeyer's purse into a sealed bag, she begged to know why she had just been arrested while driving home to Richfield after an Easter visit with her elderly mother.

No one had an answer. Uhlmeyer spent a sleepless night in a frigid Anoka County holding cell, her hands tucked under her armpits for warmth. Then, handcuffed in a squad car, she was taken to downtown Minneapolis for booking. Finally, after 16 hours in limbo, jail officials fingerprinted Uhlmeyer and explained her offense -- missing a court hearing over an unpaid debt. "They have no right to do this to me," said the 57-year-old patient care advocate, her voice as soft as a whisper. "Not for a stupid credit card."

It's not a crime to owe money, and debtors' prisons were abolished in the United States in the 19th century. But people are routinely being thrown in jail for failing to pay debts. In Minnesota, which has some of the most creditor-friendly laws in the country, the use of arrest warrants against debtors has jumped 60 percent over the past four years, with 845 cases in 2009, a Star Tribune analysis of state court data has found.


Some DUers advocate simply walking away from debt. Be careful people. Remember, you're no bankster. Laws actually apply to you.

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tammywammy Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-12-10 01:30 AM
Response to Original message
1. This was posted a couple of days ago
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phasma ex machina Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-12-10 11:21 AM
Response to Reply #1
11. Don't you hate it when that happens?
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Skip Intro Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-12-10 01:31 AM
Response to Original message
2. Failure to appear in court when you are summoned to appear in court often leads to an arrest warrant
nt?
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Pithlet Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-12-10 01:43 AM
Response to Reply #2
3. Yeah. Isn't that convenient?
What ever happened to default judgments? With all do respect, that argument is just a weasily way to defend this practice. That is a technicality. They are de facto debtors prisons when people are being hauled off like that. I think the cops have better things to do, personally.
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Skip Intro Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-12-10 02:16 AM
Response to Reply #3
5. I agree, I think. Just fyi
I am unemployed, in foreclosure, had my first bankruptcy dismissed because I could no longer pay the trustee payment, and am planning a second bankruptcy filing as soon as I get a job. I know about being in debt.

To be honest, I didn't read the article, but from the OP I gather that this person was arrested for not appearing in court when summoned, not because of the debt.

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Pithlet Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-12-10 02:40 AM
Response to Reply #5
6. Yeah,f you know the details, it's actually pretty sleazy. These are corporations that buy old debt.
Years old in many cases. They are often owned by lawyers who know how to game the sytsem. Then they hound people to get them to pay. Often times they don't have the correct address info though, and the people they hound aren't even the right people. The notices they send aren't even sufficient much of the time. So, if the cops eventually show up, you may not even know that a judgment was won against you. It may even be possible that the debt isn't yours. In fact, as I've said in another thread about this, I was hounded about an old cellphone debt that wasn't even mine. I'm certainly glad I wasn't hauled in about that. Guess I'm glad I don't live in Minnesota.

Sorry for the stridency. There were some people in the other threads about this who were pretty defensive about this practice. As you can tell, I think it's pretty awful, and I hope something is done about it. As it stands really, anyone is in danger of having the cops show up and just haul you off if you live in a state that's friendly to these types of collectors. I don't get why anyone would defend it, because as someone who's been wrongly a victim of these shady people, being paid up on your bills isn't exactly a defense. And is a cop going to believe you if they're right there at the door with the cuffs at the ready? It isn't right.
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Pithlet Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-12-10 02:40 AM
Response to Reply #5
7. Yeah,f you know the details, it's actually pretty sleazy. These are corporations that buy old debt.
Years old in many cases. They are often owned by lawyers who know how to game the sytsem. Then they hound people to get them to pay. Often times they don't have the correct address info though, and the people they hound aren't even the right people. The notices they send aren't even sufficient much of the time. So, if the cops eventually show up, you may not even know that a judgment was won against you. It may even be possible that the debt isn't yours. In fact, as I've said in another thread about this, I was hounded about an old cellphone debt that wasn't even mine. I'm certainly glad I wasn't hauled in about that. Guess I'm glad I don't live in Minnesota.

Sorry for the stridency. There were some people in the other threads about this who were pretty defensive about this practice. As you can tell, I think it's pretty awful, and I hope something is done about it. As it stands really, anyone is in danger of having the cops show up and just haul you off if you live in a state that's friendly to these types of collectors. I don't get why anyone would defend it, because as someone who's been wrongly a victim of these shady people, being paid up on your bills isn't exactly a defense. And is a cop going to believe you if they're right there at the door with the cuffs at the ready? It isn't right.
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phasma ex machina Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-12-10 11:29 AM
Response to Reply #3
13. +1 "just a weasily way to defend this practice."
Jail is still jail, even when it's euphemised as a "holding cell."
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sandnsea Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-12-10 01:43 AM
Response to Original message
4. Like bad mortgages, student loans, and credit cards
This isn't a problem until people in the middle class are put in jail.

*sigh*
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madrchsod Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-12-10 05:03 AM
Response to Original message
8. same thing here in illinois..contempt of a court ordered payment
the two counties where i live there`s a one day a week devoted to bad debt collection
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stray cat Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-12-10 08:02 AM
Response to Original message
9. Is it theft to take money and refuse to pay it back?
Edited on Sat Jun-12-10 08:03 AM by stray cat
and refuse to go to court to address the situation when you get a court order? How about if you owe child support and do the same (some people don't have the money up front to pay)
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pipoman Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-12-10 11:38 AM
Response to Reply #9
14. No
The reason a lender can charge varying interest rates is to adjust for risk. Lenders take a risk when they lend money and are paid in the form of interest and other fees. If you extend credit to someone and they do not pay, any resulting action on your part are (or very much should be) civil court actions. Most states allow for a process of obtaining a summary judgment if one party or the other in a civil case fails to appear for court or arbitration hearings. After a summary judgment is entered, and the non appearing party is served with notice of the judgment and allowed time to appeal the judgment, other processes are in place to assist in that collection...none being arrest of the debtor, nor should arrest be an option in a civil case, aside from possible criminal possibilities if the debtor destroys or liquidates assets which would satisfy the debt.
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aikoaiko Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-12-10 08:07 AM
Response to Original message
10. Is there some case where someone is in jail because of debt? Not one in the story you linked.


:shrug:
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phasma ex machina Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-12-10 11:24 AM
Response to Reply #10
12. ?
Uhlmeyer spent a sleepless night in a frigid Anoka County holding cell
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SmileyRose Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-12-10 11:46 AM
Response to Reply #12
15. She went to jail for contempt of court, not for the debt.
And yes, the whole damn thing is pretty sleezy.
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aikoaiko Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-12-10 08:03 PM
Response to Reply #12
17. Joy Uhlmeyer didn't spend a night in jail over debt.

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Jeffersons Ghost Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-12-10 11:52 AM
Response to Original message
16. K&R
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