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To: Gaffer; All

“I’m not buying this ancient debtor’s prison crap.”

That’s right. You don’t go to jail for debt. You go to jail for contempt of court.
All a judgment debtor has to do is show up for the hearing and explain to the judge’s satisfaction in reviewing the pertinent statute why s/he hasn’t paid as ordered in the judgment.
If it’s a citation hearing, for failure by the debtor to appear at an initial hearing, the debtor must give a good reason for “thumbing his/her nose” at the court.
The judgment creditor must satisfy procedural due process: providing (to the debtor) notice of hearing and an opportunity to be heard.
If the creditor can show satisfaction and the debtor blows off the citation hearing, or shows up and says, “Yeah, I can afford to pay but I won’t.” then s/he goes to jail for contempt of court.
“Nose-thumbing” and financial irresponsibility is the hallmark of the Democratic party, led by Obama. Let’s leave the emotional histrionics to them.
If someone owes you money you expect to be paid; if you owe money, suck it up and pay it or explain why you can’t.


22 posted on 08/31/2012 8:00:49 AM PDT by tumblindice (Sic Semper Tyrannis)
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To: tumblindice

Having said all that, above,
some judgment creditors should be taken outside the courthouse, tied to a tree and then flogged.
But I don’t think this remedy for abuse of legal process would fly in this century.


23 posted on 08/31/2012 8:07:32 AM PDT by tumblindice (Sic Semper Tyrannis)
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To: tumblindice
If someone owes you money you expect to be paid; if you owe money, suck it up and pay it or explain why you can’t.

Professional bill collectors are generally the scum of the earth, but that said, there's nothing ignoble or immoral about wanting to be paid money that other people owe you. The entire basis of society would crumble if people were not obliged to pay legitimate debt.

26 posted on 08/31/2012 8:11:56 AM PDT by Mr Ramsbotham (Laws against sodomy are honored in the breech.)
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To: tumblindice

Technically but if the bond is always what the amount of debt a person owes, I think a higher court would side with someone arguing this is de facto debtor’s prison.


34 posted on 08/31/2012 9:32:30 AM PDT by Secret Agent Man (I can neither confirm or deny that; even if I could, I couldn't - it's classified.)
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