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Debt collection industry now manipulating our taxpayer funded court system and local police depts

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999998th word Donating Member (555 posts) Send PM | Profile | Ignore Sun May-08-11 05:02 PM
Original message
Debt collection industry now manipulating our taxpayer funded court system and local police depts
Edited on Sun May-08-11 05:06 PM by 999998th word
It's good to be aware- these practices are occurring with frightening regularity and apparently not much oversight.

I linked from another post http://www.dailykos.com/story/2011/03/19/957959/-Slave-LaborThe-new-Debtors-Prison-conceptALEC-and-KOCH-Industries.

It is a very disturbing trend,and hope somehow this abuse of process can be stopped before it is to widespread .

I hope the link works.
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CurtEastPoint Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-08-11 05:08 PM
Response to Original message
1. ALEC at work here.
Fuckers.
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coalition_unwilling Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-08-11 05:13 PM
Response to Original message
2. Wow, truly apalling. Had no idea courts were jailing debtors. Whatever
happened to the concept that lenders lend at their own risk?

Upon longer reflection, we've returned to the days of the Star Chamber Court, so why not bring back Debtors' Prisons? Trials by ordeal cannot be far behind.
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ProgressiveProfessor Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-09-11 03:01 AM
Response to Reply #2
7. Read the source with care...they are not being jailed for the debt, but failure to appear
If the debtor shows up as required there is no jail. It is a not so subtle technicality.
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coalition_unwilling Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-09-11 01:04 PM
Response to Reply #7
8. Isn't that a bit of semantic sleight-of-hand on your part though?
Without the lenders bringing suit in court, there would be no summons to debtors to appear and hence no jailing of those who fail to so appear.

I thought the gist of the OP is that the courts are being used now as a collection arm for lenders (extending to the power to jail those who fail to appear), whereas historically lenders have lent at their own risk, not being able to rely on the ultimately incarcerating power of the state for their muscle.

Even so, i do appreciate your bringing it to my attention.
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Hassin Bin Sober Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-09-11 01:18 PM
Response to Reply #8
9. Agreed. Lenders, or we should specify, collection companies are throwing ...
Edited on Mon May-09-11 01:21 PM by Hassin Bin Sober
... the proverbial shit against that wall to see if it sticks. Sending out "discovery of assets" summonses post default-judgment knowing the defendant, who has nothing, will most likely blow off the summons like they did with the original suit(the poor man's throwing themselves on the "mercy" of the court")... or more than likely, never get properly served.

If the collectors want to attach wages and real property, they don't need to haul the borrower to court to do so. The only motivation is to hope for arrest and a complicit judge to make bail equal to the debt.

Fucking scumbags.

And anyone who pipes in with "well they should pay their debts" is an ignorant asshole. Ignorant of what the real trend is here. And, well, an asshole.
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ProgressiveProfessor Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-09-11 01:57 PM
Response to Reply #8
10. No it is not...it is the way the law works and has for considerable time.
Anyone in this kind of hurt needs help and good advice. Showing up, even unprepared or unrepresented stops this kind of action. Another opined about false proof of service...I can believe that too.
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Mosby Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-09-11 02:53 PM
Response to Reply #7
13. the difference between civil and criminal is no small thing
Right?

Used to be that if you didn't show for a civil hearing the judge issued an "order to show cause" but in the cases the op is writing about the judges are issuing bench warrents which are usually only issued in criminal cases.
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midnight Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-08-11 05:20 PM
Response to Original message
3. I read something somewhere that in politics nothing happens by accident. You
can be sure it was planned that way... ""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."


I wonder why borrowers didn't get a bail out via the tarp money? That whole deal was suppose to be able to get money to mainstreet. However, it looks like they are locking up mainstream..
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RKP5637 Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-08-11 05:47 PM
Response to Original message
4. Eventually, much of the country will be imprisoned one way or another. n/t
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999998th word Donating Member (555 posts) Send PM | Profile | Ignore Mon May-09-11 01:31 AM
Response to Reply #4
5. Medical debt is a driver also
seems to me there are more than the usual special interest groups out to defeat single payer.

Rat bastards.
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Sen. Walter Sobchak Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-09-11 01:59 AM
Response to Original message
6. And usually commit perjury to do so
by falsifying a proof of service, making sure the person they are suing doesn't know it until they are arrested on a bench warrant.
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leftstreet Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-09-11 02:07 PM
Response to Original message
11. K&R
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Lance_Boyle Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-09-11 02:10 PM
Response to Original message
12. unrec for lies - people are jailed for failure to appear in court, not for owing money.
The lessons here are: 1) you can't hide your way out of debt problems and 2) when you get a summons to appear in court, appear.

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Mosby Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-09-11 02:58 PM
Response to Reply #12
14. failure to appear is not a jailable offense in a civil action
Customarily that is. The judge usually issues a "Order to show cause" Now the judges are issuing bench warrents like in a criminal case.
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Rex Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-09-11 03:02 PM
Response to Reply #12
16. The actual lesson is learn what the thread is about before posting.
Edited on Mon May-09-11 03:03 PM by Rex
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999998th word Donating Member (555 posts) Send PM | Profile | Ignore Mon May-09-11 06:25 PM
Response to Reply #12
17. Lance Boyle-I'm the OP This is NOT a lie and YOU know it.SEE BELOW
Edited on Mon May-09-11 06:28 PM by 999998th word
I'm sure you have heard of 'sewer summons' ,collectors claiming to be attorneys...etc and other unethical tactics the

sleazy 3ed party junk debt collecting industry is rife with.

The real issue,here,is private companies found a way to subvert the taxpayer funded institutions as an enforcement tool for their private gain,

meanwhile denying the 'accused' of due process.Most people aren't even aware there IS a warrant-a warrant is NEVER RECEIVED by the 'accused'.

Often times the accuser never properly executes said warrant-throws it out..- lies to judge in court claims valid service.

The 'accused',unaware of any of this ,does not appear judge rules FTA and issues a bench warrant.The 'accused' may be stopped on an unrelated charge.

The 'bench warrant' issued ,that WILL land you in jail is just a PRETEXT utilized to extract money from someone who may not even LEGALLY owe the debt.

Due process is denied.Read up on it,or are you being disingenuous and just interested in discrediting valid information.

Your username screams 'troll'-.

I think this stuff is good to know.
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BlueIris Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-09-11 02:59 PM
Response to Original message
15. K&R. nt
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