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 Post subject: People in the region being thrown into debtors prison!!!
PostPosted: Sun Aug 22, 2010 4:14 pm 
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"I had the misfortune of writing a check that bounced. I paid for the check and fees, and picked up the check at the establishment that I owed. However, unknown to me, they had already reported it to the court system.

"Next thing I know, I'm under arrest. The cuffs were placed on me so tightly I had red marks around my wrists until the next day. I was mortified."

Andrew Patterson, 65, of Munster was recently awakened at 5:30 a.m. by a police officer with a warrant for his arrest. The civil warrant was for non payment to St. Joseph College for a class he signed up for but later dropped.

"I was handcuffed, arrested and placed in the backseat of a squad car," he said. "I had to spend a work day and a night in the county jail before they could verify that this debt had been discharged in a bankruptcy proceeding."

Critics claim this routine practice is getting out of hand, and bill collectors are wrongly using law enforcement to collect their debts while jamming jails with non-criminals.

Yes, "debtors' prisons" were condemned more than a century ago, and it's not a crime to be in debt. But thousands of Americans -- and hundreds of Northwest Indiana residents -- are getting tossed in the clinker after not showing up in court to make bill payment arrangements or to plead their case in front of a judge.

"Nobody is thrown in jail for not paying (their bills)," said Porter Superior Judge David Chidester. "People are jailed because they fail to appear for three consecutive court appearances and they are held in contempt of court for failing to appear."

Most defendants, however, don't know this legal formality and many "collections attorneys" don't suggest it because they represent creditors, not debtor-defendants. This is the rub regarding debtors who don't realize they can go to jail for dodging, missing, or conveniently ignoring debt-collection legal matters.

http://www.post-trib.com/news/davich/26 ... 22.article

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 Post subject: Re: People in the region being thrown into debtors prison!!!
PostPosted: Sun Aug 22, 2010 4:19 pm 
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I didn't see that story. Thanks for posting it.
That's terrible!
What's happening to America?

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 Post subject: Re: People in the region being thrown into debtors prison!!!
PostPosted: Sun Aug 22, 2010 10:14 pm 
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Now Free, you must of been around this area for a long time. You didn't know about this racket between the Attorneys and Judges??? It works like this. Somebody sues a person for an outstanding debt. They have no money to pay so they don't even go to court. The Judge issues a judgement against the defendant. Now after a short time, the Judge sends out a suplimentary judgement which orders the defendant to appear. Now if this order is ignored, the Judge makes out a bench warrant. They come out and arrest the defendant and take him or her to the jail. Now comes the funny part. When the defendant is up in front of the Judge,a bail is set for the defendants release. If he owes $2000.00 dollars, the bail will be set for that amount. Then when there is another court date, the Judge takes the bail money and gives it to the attorney for the Plaintiff. So they don't usually get it all because the court keeps 10%. Getting 90% is better than nothing. Several times baliffs work with these attorneys and fail to even call cases. So the poor defendant walks out thinking it's over not knowing they have now obtained a judgement against them. The fall of several attorneys was the result of these felonious actions. They had this racket going in the Hammond Court and Lake County years ago. They still pull this same action daily in all courts. It's legal. So my advice to one and all. Appear when they tell you to be there and stay out of jail. By law they can't jail you if you do appear. Several Judges and baliffs involved in this practice,paved the way for there imprisionment.


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 Post subject: Re: People in the region being thrown into debtors prison!!!
PostPosted: Sun Aug 22, 2010 10:36 pm 
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No, I never heard of this.

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 Post subject: Re: People in the region being thrown into debtors prison!!!
PostPosted: Mon Aug 23, 2010 10:12 am 
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Why would you not go to court if you're supposed to be there? According to Chidester, they are only arrested after three missed appearances - the court is much more generous than I would be!


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 Post subject: Re: People in the region being thrown into debtors prison!!!
PostPosted: Mon Aug 23, 2010 5:24 pm 
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Here's an idea. Pay your bills and you don't have to worry about any of this nonsense.BTW, most of this thread is complete BS. The man from Munster was arrested for writing a bad check,not because he was in debt. The Fullofcrap kid's claim about attorneys using the court as a debt collection agency is untrue. The courts have a duty to punish people to don't pay their debts. However, implying that there is rampant corruption is a lie. That's why there is no link to prove his point.

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 Post subject: Re: People in the region being thrown into debtors prison!!!
PostPosted: Mon Aug 23, 2010 5:27 pm 
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Experiencia docet.

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 Post subject: Re: People in the region being thrown into debtors prison!!!
PostPosted: Mon Aug 23, 2010 5:37 pm 
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freetime wrote:
I didn't see that story. Thanks for posting it.
That's terrible!
What's happening to America?


What's happening to America? Are you kidding? If you know that the check is no damn good....and honestly, who doesn't know that they don't have the money in the account....then do not accept the goods and/or services. It's theft and jail is the proper place for thieves.


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 Post subject: Re: People in the region being thrown into debtors prison!!!
PostPosted: Mon Aug 23, 2010 6:54 pm 
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I do think it is terrible to trick people into jail over something like that.

Why is it the legal system can be manipulated to come down on the little guys, while hotshots and politicians don;t have a thing to fear as long as they can afford their fancy lawyers?

That ain't justice for all.

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 Post subject: Re: People in the region being thrown into debtors prison!!!
PostPosted: Mon Aug 23, 2010 8:19 pm 
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freetime wrote:
I do think it is terrible to trick people into jail over something like that.

Why is it the legal system can be manipulated to come down on the little guys, while hotshots and politicians don;t have a thing to fear as long as they can afford their fancy lawyers?

That ain't justice for all.


If you went to Best Buy and walked out with a $2000 TV knowing full well that there was not enough money in your account to cover the check...I'm curious as to why you would think jail time would be unfair. Is it not theft? I don't know why the hell they get to blow off 3 court appearance before arrest. I have more respect for a shoplifter than I do for these check frauds. At least a shoplifter has to have the stones to go in and steal something.


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 Post subject: Re: People in the region being thrown into debtors prison!!!
PostPosted: Mon Aug 23, 2010 8:34 pm 
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Is that what the check was for? A $2000 TV?

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 Post subject: Re: People in the region being thrown into debtors prison!!!
PostPosted: Mon Aug 23, 2010 10:02 pm 
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freetime wrote:
Is that what the check was for? A $2000 TV?

Oh, I don't know free. It could have been for anything. It's just hypothetical. I just don't think check fraud is punished seriously enough.


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 Post subject: Re: People in the region being thrown into debtors prison!!!
PostPosted: Tue Aug 24, 2010 3:25 am 
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I looked back at Geronimo's first post, and the guy with the check actually paid it back before he was arrested.

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 Post subject: Re: People in the region being thrown into debtors prison!!!
PostPosted: Tue Aug 24, 2010 4:37 am 
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freetime wrote:
I looked back at Geronimo's first post, and the guy with the check actually paid it back before he was arrested.
The story is very poorly written because it also talks about the check being part of a bankruptcy.
Quote:
"I had to spend a work day and a night in the county jail before they could verify that this debt had been discharged in a bankruptcy proceeding."
If the check was part of a bankruptcy, why did he have to go to the bank and make good on the check and the fees? The fact still remains that if this guy had been honest and paid his bills, none of this would have happened.

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 Post subject: Re: People in the region being thrown into debtors prison!!!
PostPosted: Tue Aug 24, 2010 8:20 am 
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When I gave a general description of the process used to obtain money through the means of bail money, I did not mention anything about a persons individual original complaint or charges. It;s a complete different picture if a person is being charged for writing a bad check or any other type of fraud. This type of crime goes to criminal court and they are jailed with a warrant and bond is set. To obtain money from the defendant is automatic or they get a jail sentence. On a person owing a outstanding debt, usually goes to the small claims court or also known as the civil division. This is started with a summons. You have 23 days to answer a complaint, then a court date is set and the process of the original hearing is held. If the defendant doesn't appear a judgement for the amount requested by the plaintiff plus court costs is issued. It's those following court dates that involve the jailing of the defendant if they do not appear. In todays tragic economic times,one would be amazed at the number of court cases in the small claims court that exist. People that never owed a penny before are now broke. Times are bad and from all indications it is going to get worse. Watch for a demand from outside sources mainly Republicans, that Obama's financial recovery team resign. Some Demo's are joining in this crusade that will come to the forfront shortly. America is getting desperate. Many won't believe this but it is. Wait till it hits the people that say times are OK for them. The present economy hinges on what happens in November. It won't change fast, but it will stimulate things with a hope for the future.


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