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| | Debtor Prisons are Illegal, so why are people being arrested for their debts? | |
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Eric
Posts : 9738 Join date : 2012-07-30 Age : 73 Location : Pensacola
| Subject: Debtor Prisons are Illegal, so why are people being arrested for their debts? Mon Dec 29, 2014 5:52 pm | |
| If you cannot pay your bills, the law says that you cannot be sent to a debtor's prison. At least, that's the plan.
http://www.pbs.org/newshour/bb/return-debtors-prison/
http://www.huffingtonpost.com/2014/12/29/texas-payday-lending_n_6355602.html
People are thrown into jail routinely for failure to pay court costs, even if they are indigent. And in Texas, payday loan companies are having debtors jailed as well.
In Texas, the payday loan companies require a check be made out to them for the whole amount... that they HOLD... unless the debtor defaults on a payment to them, then they cash the check (knowing it'll bounce) and press criminal charges against them for giving them a worthless check.
Normally, debt collections are civil matters, but since they require a check at loan inception, they can make it criminal by requiring a check, which is expected to bounce.
The first link is a PBS article about people in Alabama that are indigent, but get thrown into jail for failure to pay court costs. | |
| | | Jake92
Posts : 1513 Join date : 2013-02-15 Age : 73 Location : Pensaclola, FL
| Subject: Re: Debtor Prisons are Illegal, so why are people being arrested for their debts? Mon Dec 29, 2014 11:11 pm | |
| The judges get their portion of the fines, then the court, then the victim.. Years ago, I had a computer stolen and pawned.. I had to pay the $150 pawn ticket to get it back or the pawn shop would hold it.. According to the states attorney, if it wasn't paid by the end of the pawn terms, the pawn shop could sell my computer, even though it was stolen.. The thieves were identified and arrested.. They were found guilty and ordered to pay a fine, court costs, probation costs, and restitution to me.. They were ordered to pay the court $15 / month for 10 months for my part and the court would send me a check.. I got 1 check for $15 and never saw another penny.. The thieves took off and the last I heard was since it's just a minor case, it would never be closed unless they were caught for another crime in Escambia County, then it might take years until they were re-tried and re-sentenced.. | |
| | | mediawatcher
Posts : 3139 Join date : 2013-08-07
| Subject: Re: Debtor Prisons are Illegal, so why are people being arrested for their debts? Tue Dec 30, 2014 4:39 am | |
| - Jake92 wrote:
- The judges get their portion of the fines, then the court, then the victim.. Years ago, I had a computer stolen and pawned.. I had to pay the $150 pawn ticket to get it back or the pawn shop would hold it.. According to the states attorney, if it wasn't paid by the end of the pawn terms, the pawn shop could sell my computer, even though it was stolen.. The thieves were identified and arrested.. They were found guilty and ordered to pay a fine, court costs, probation costs, and restitution to me.. They were ordered to pay the court $15 / month for 10 months for my part and the court would send me a check.. I got 1 check for $15 and never saw another penny.. The thieves took off and the last I heard was since it's just a minor case, it would never be closed unless they were caught for another crime in Escambia County, then it might take years until they were re-tried and re-sentenced..
Another example of the judicial system looking out for the victims.... | |
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| Subject: Re: Debtor Prisons are Illegal, so why are people being arrested for their debts? | |
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