Consumer Issues – Legal Wrinkle Creates Debate Over ‘Debtors’ Prisons’ in Illinois

January 26, 2012

debtor prisonGenerally, when there are summons or a subpoena for you to appear in Court, you must do so if you have been served with those papers. Either yourself, or a legal representative on your behalf has to show up. Failure to show-up, may result is a warrant for your arrest to be issued. Now, that is a Rule of Law that is helpful in many instances in order to get those who have done harm or have important information about an incident such a witness to come to Court and help in the implementation of Justice.

What I fail to understand, is that in a collection proceeding, if the defendant has been properly served, and he or she does not show up in Court, the common sense result would be the entry of a judgment in the amount asked in favor of the plaintiff and against the missing defendant. The defendant then may begin collection activities which may include freezing bank accounts, wage garnishment, ceasing property and such. It behooves us to think that a person who owes money, and has not paid it as he or she was supposed to, would suddenly come up with funds to pay the debt holder if he or she would appear in Court. It is utterly void of any sense whatsoever, for a Judge to enter a body attachment order and issue an arrest warrant in a debt collection proceeding. It is simply void of any practical sense and/or common sense and/or legal sense.

Yet, the example below is one amongst many that I have heard taking place as of late. This causes a Court to play into the hands of low-life debt collectors who have found a new weapon to harass and harm otherwise good and law abiding citizens who are down on their luck. No one should be sent to jail because they cannot pay their debt. That is a sound principle that a Judge should be able to work through when a debt collector’s representative requests the Court to issue an arrest warrant when the defendant fails to show. Under normal circumstances, the failure should simply mean that the defendant does not have any defense nor is disputing the existence of the debt or his or her obligation to pay it. What more can be obtained by placing the person in jail, possibly causing more economic harm and making it even more difficult to pay back, even if they had such an intention.

This sort of behavior is expected of debt collectors-but it is surprising and sad to see Judge’s who are willing to go along with it.

“Robin Ebersohl left her job at a Wal-Mart in Montgomery County to drive back to her home in Livingston. During the trip, she was stopped by police. “I knew my muffler was bad, but I just kind of chanced it,” Ebersohl said. “He pulled me over, and I thought I would just get a fix-it ticket or something.” What Ebersohl didn’t know was that a warrant had been issued against her in Macoupin County for failure to appear in court on a debt collection issue. “I didn’t know what I was supposed to appear to,” said Ebersohl, who said she never got a notice that she was due in court.

Instead of going home that day, she was taken to jail. Ebersohl said she spent the night in the Montgomery County Jail and then was transferred to Macoupin County, where she spent three more days in jail.”

via Legal wrinkle creates debate over ‘debtors’ prisons’ in Illinois – Springfield, IL – The State Journal-Register.

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