Credit Basics > The Flyingifr Method of Aggressive Credit Repair 2007

Return of debtor prisons

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melati:
I saw this interesting article about creditors using the publicly funded courts to pursue private debts:
http://finance.yahoo.com/news/jailed-for--280--the-return-of-debtors--prisons.html

It started me thinking...what are the chances of retaliation by creditors if we send out debt validation letters? Could the creidtor respond with a lawsuit and make the matter worse with improper serivice? Is this an abuse of process?

debt coaster:
The person in Illinois, went to jail for not responding to a court summons.  99% of people don't respond to summons and end up with a judgment against them. I say respond to summons, and your not going to jail.

kickinanscreamin:
According to the article, there are only about five states where this is happening.  People are not being jailed for the debt itself but for contempt of court, for not responding to the summons, etc. 

If you respond to the summons and show up, there should be no problem.

Dylan150:
A contempt of court warrant is issued for failure to appear at a Debtor's exam.

trick:

--- Quote from: melati on April 24, 2012   04:03:37 PM ---I saw this interesting article about creditors using the publicly funded courts to pursue private debts:
http://finance.yahoo.com/news/jailed-for--280--the-return-of-debtors--prisons.html

It started me thinking...what are the chances of retaliation by creditors if we send out debt validation letters? Could the creidtor respond with a lawsuit and make the matter worse with improper serivice? Is this an abuse of process?

--- End quote ---

I believe it is a malicious abuse of process.  Unless of course, they are questioning the arb agreement, they would then have a right to use the court.

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