Credit Basics > The Flyingifr Method of Aggressive Credit Repair 2007

Return of debtor prisons

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CleaningUp:
If the sewer service is intentional, it would be abuse of process.

Other than the FDCPA prohibition against collection in the face of an unfulfilled DV request or an arb election, there is no legal impediment to their using the courts to press their claims.

flacorps:
I think there's quite a bit of intentional sewer service (There was one instance in New York State a few years back were 100,000+ default judgments for about a dozen law firms got vacated because of a bad process server company).

Then there are just people who don't do much due diligence. I had a client who got served by publication while they were in the process of buying a home (which meant they had been at a stable address, yada, yada for quite a while).

I cover the problem of contempt in my book. In most states it's rare, and where it isn't rare it is usually only done on a wholesale basis in a few of the counties where attorneys and judges are a little too cozy.

I once perused a database that was about 10,000 open arrest warrants in a particular FL county ... the database covered 10 years because they expire at ten years and must be renewed. I only found a single warrant that was failure to answer post-judgment discovery in a civil case.

melati:
I know there's no such thing as debtor prison per se and everyone involved ignored a court summons,(the roofer guy had a court ordered judment against him) but I mean what if the summons itself looked like junk mail? It doesn't mention whether the ppl were properly served or if they got something that looked like yet another collection letter.

The one time I took someone to small claims court I was told I had to use a process server and wasn't allowed to use certified mail.

Getting arrested over a 4 yr old $250 doctor bill could be enough for someone to get a "hit" if they do a background check on you thus preventing you from working (debtor prison anyone?) this is defamatory IMO.

I'm surprised it hasn't happened to anyone on here...I am just getting to the point were it's time to sent out validation letters. Hope I'm not being paranoid.

Fighting Irish:

--- Quote from: melati on April 24, 2012   07:14:34 PM ---I know there's no such thing as debtor prison per se and everyone involved ignored a court summons,(the roofer guy had a court ordered judment against him) but I mean what if the summons itself looked like junk mail? It doesn't mention whether the ppl were properly served or if they got something that looked like yet another collection letter.

The one time I took someone to small claims court I was told I had to use a process server and wasn't allowed to use certified mail.

Getting arrested over a 4 yr old $250 doctor bill could be enough for someone to get a "hit" if they do a background check on you thus preventing you from working (debtor prison anyone?) this is defamatory IMO.



--- End quote ---

If you know that there is no such thing as debtor's prison, then you might want to avoid using the term.

There is enough wrong with debt collection companies that we don't need to use inflammatory language to describe something that, while unpleasant, is legal.

The point becomes to take charge of understanding your own rights AND responsibilities in ensuring that those rights are enforced.

melati:
Return of Debtor Prison was the tittle of the article--not my words.

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