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> In any case, what's happening to some people is that they're being sued over debts they owe, not showing up to court to defend themselves, getting default judgements against them, still not paying, getting summoned to court for a debtor's examination, not showing up for that, and then getting a bench warrant issued. > If you don't show up for jury duty, the judge can issue a bench warrant. They probably won't, but they can. If you get subpoenaed and don't show up, bench warrant. For starters, instead of throwing people in jail for missing the debtors examination, they can complete it without your input. They can already garnish your wages or look at the last tax filing so there is enough information for a rudimentary examination. I think you're missing that next logical leap though. Courts generally have hours from 9-12pm and 1-4pm. I'm going to make the assumption that a significant percentage of people that end up having a bench warrant issued for owing debts are those on the low end of the income scale, generally service and retail jobs. These jobs are generally the most inflexible in terms of scheduling. Also, consider that some of these people may be transient and/or homeless (From sleeping on a relative's, friend's etc. couch or sleeping on the streets) Your options then come down to: 1) Go to court and risk losing your job if you do not have an understanding employer, which can snowball into losing housing 2) Get a lawyer 3) Take the hit to your credit score, make whatever payments one can on the debt, hope for the best but cross the bridge when it comes to it and focus on more immediate concerns. > If you don't show up for jury duty, the judge can issue a bench warrant. Employers are legally obliged to excuse you for jury duty so the comparison is not that apt. Siderant: It is somewhat ridiculous that the whole court shuts down for lunch instead of staggering schedules, especially when often that is the only time that people can show up to court. Those who can afford to do so generally send a lawyer, who get their own special line to save their time. If you owe a debt, you are already penalized with collection costs and a penalty to your credit score (In my not heavily researched position, that should be enough. People who take on debts like these often are not financially literate. Anecdotally, I've also found it a bit surprising the number of people who do not understand expoentiation, thus making it nearly impossible for them to truly comprehend compounded interest rates). Not only are these people being penalized multiple times for the same issue, it's enforcment is being subsidized by taxpayers. They're also being criminalized, endure the trauma and mental, if not physical, torture, and be subjected to the detrimental health consequences of a prison diet (which only seems to require a minimum number of calories as its nutrition requirement) that is the American prison system. Not to mention the stigma and reduced employment opportunities that come with being a part of that system I have the opinion that it is morally unconscionable. Whatever technically sends them to jail, the issue originates from an unpaid debt and has a chance to cascade down to jail. You're criminalizing people for unpaid debts while those with means can engage in the exact behavior, but through the use legal instruments can declare bankruptcy or take on the debts through a fictitious entity with a limited liability (often both). It's literally just a stroke of a pen (incorporation of an llc or other fictitious entity via our legal system. For me, it's a ritualized incantation of a magic spell) that separates the two. If these loans are so risky that they need this kind of enforcement to be profitable, perhaps its removal would mean that some of these loans are not made in the first place. Also, time spent in jail does nothing towards the actual debt, but that is once again subsidized by taxpayers. (I assume that they’re in jail for failure to appear, so after they get out and most likely have lost their job and will find it harder to get a new one, and after all these punitive measures nothing still has gone towards the principal). TL;DR: It sucks being poor. It really sucks in America to be poor [1] [1] https://www.economist.com/news/united-states/21663262-why-lo... |