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9 Bumps

Should people be allowed to pick and choose?

For those upset about the story on how debtors go to jail for not appearing in court (and btw this isn't new or only a MN thing - it's gone on as long as we've had civil courts), do you feel everyone should be allowed to pick and choose which court orders they think are important enough to obey and which ones don't matter? Like an abusive husband who doesn't think he's abusive, should he be allowed to ignore the restraining order? Deadbeat dads with court dates for back child support, if they don't feel like going, or don't have the money, should they get a free pass to skip those, too? Where's the line between who is allowed to decide how important their debt is? Just people who defaulted on their credit cards? How about car loans? Mortgages? Student loans? How about people who owe you damages from a car accident? What about drug companies and car makers, when they get sued for selling defective products? If they can't afford it, or they don't think they're in the wrong, do they get to decide the court order doesn't apply to them?

Answer Question
 
NotPanicking

Asked by NotPanicking at 12:14 AM on Jul. 4, 2011 in Politics & Current Events

Level 51 (421,172 Credits)
Answers (22)
  • No just like the police shouldn't be able to pick and choose which people who have warrants they are going to pick up and which to ignore....like our slutty neighbor who keeps bragging about her felony warrants for writing over 10,000 dollars in hot checks out of her own mother's check book to buy crack........... .............sry that was a vent.
    Anonymous

    Answer by Anonymous at 12:19 AM on Jul. 4, 2011

  • How about people that come across our borders and stay here illegally? They get a free pass too. I am still waiting to see if I get a freebie as well. Maybe I should be able to rob a bank if I feel broke, or I should be able to steal a car because mine isn't as nice.

    QuinnMae

    Answer by QuinnMae at 12:26 AM on Jul. 4, 2011

  • I'll take my free pass on beating the crap out of someone and getting away with it if we are giving out free passes. LOL.
    Kword

    Answer by Kword at 12:27 AM on Jul. 4, 2011

  • Sorry, I didn't really answer the question. Sure, people should be able to pick and choose what they don't want to pay for, but the law applies (or should anyway) to everyone and if you have an order to appear in court you get your ass down to the courthouse and answer their questions honestly (the truth shall set you free).

    QuinnMae

    Answer by QuinnMae at 12:29 AM on Jul. 4, 2011

  • Bench warrants are routinely issued for non-appearance. It is not the debt but the refusal to appear to acknowledge the debt that gets the debtor in to trouble. Had he appeared as ordered, he would not have been arrested. It was his refusal to obey an order to appear. Creditors have to go through the court system to get approval to attach wages and other assets to try to collect what is owed. For the last three decades, our schools and families have been missing in action about teaching personal finance and the era of free-flowing credit did little to help the situation. One solution is to live on 70% of your income, pay past bills with 20% of your income and put away, never to spend but to save, 10% of your income. That 10% will grow to become an asset in the future, much like equity in a home.
    annabarred

    Answer by annabarred at 12:31 AM on Jul. 4, 2011

  • No, if you have an order to appear in court then like Quinnmae said, get your ASS to court! I don't expect free passes for anything and I certainly don't want a warrant for my arrest so I follow the laws that are put into place. I expect everyone else to do the same. (Hell, that'll be the day)
    Kathy675

    Answer by Kathy675 at 1:14 AM on Jul. 4, 2011

  • Nope, if you get an order then go.
    AF4life

    Answer by AF4life at 1:35 AM on Jul. 4, 2011

  • Annabarred, if I could pay debt with 20% and save 10% thus living off 60% of my income, I would.
    I had perfect credit, no debts beside my morage. When my ex skipped the state and quit paying child support.
    Now, my credit sucks! I struggle to put food on the table most weeks. We still live in our home and drive an old car.
    So, yes there should be warrents for parents who do not pay child supoort. No one should be exempt.
    If warrents were issues maybe they'd find more of them & make them pay. If not with a job on their own, go back to hard labor in prisons - so they can earn their keep.
    Anonymous

    Answer by Anonymous at 8:19 AM on Jul. 4, 2011

  • No, there should be no picking and choosing..a court summons is a DEMAND for your appearance.

    I do find it interesting how failure to appear gets twisted into arrested for debt.

    yourspecialkid

    Answer by yourspecialkid at 9:44 AM on Jul. 4, 2011

  • Skipping a court date for a civil case has never been a violation of the law. It's just considered an "admission of guilt". You're combining civil and criminal cases which play by different rules, so comparing a debtor who didn't show up for a court date to someone who beat up their spouse is apples and oranges.

    If the debtor doesn't show to the court date then the order is signed by the judge and the collector can garnish the debtor's wages to collect the debt. With a civil case like this if the debtor doesn't show it doesn't stop the the collector from being able to continue with their legal action so I don't see why they should go to jail for it since it didn't impede the collector's ability to get a judgment. It's basically putting them in debtor's prison which is against the law. Hypothetically if this happened to me I would sue the collector and the city.
    miss_lisa

    Answer by miss_lisa at 10:21 AM on Jul. 4, 2011

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