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View Diary: NYT: Debt Collectors In The E.R. And At Your Bedside During Recovery (168 comments)

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  •  However, that "summons" can be printed in a paper (3+ / 0-)
    Recommended by:
    Shotput8, peptabysmal, northsylvania

    75 miles away.  How often do you check all of the newspapers of every city within a 100 mile radius of where you are?

    There is no saving throw against stupid.

    by Throw The Bums Out on Tue Apr 24, 2012 at 05:45:27 PM PDT

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    •  Only after making a good-faith effort to find you. (1+ / 0-)
      Recommended by:

      They can't just publish the summons in a paper.  They have to try to find you first.

      A lot of people will go to great lengths to try to make themselves unfindable to avoid their debts, so the legal system has an "out" in those situations: notice-by-publication.

      •  Actually, they can. It may be illegal but they (3+ / 0-)
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        peptabysmal, BusyinCA, northsylvania

        still do it anyway because the worst thing that can happen is you get released.  It is kind of like perjury on the stand, it may be illegal but it happens so often and is so rarely prosecuted that it has become standard practice.  Remember, debt collectors are known to use not only threats of debtor's prisons but threats of physical harm against the person and their family despite it being a FCRA violation.  In fact, the FCRA is more like a suggestion than a rule.

        There is no saving throw against stupid.

        by Throw The Bums Out on Tue Apr 24, 2012 at 06:15:04 PM PDT

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        •  Except the CA's don't get to decide about how... (0+ / 0-)

          ...the process servers serve papers.

          So, no, they actually can't just do it that way.

        •  My son (2+ / 0-)
          Recommended by:
          peptabysmal, melo

          was run over by someone who had run a red light. He realised there was a warrant out for his arrest for leaving the scene of an accident (unconscious, in an ambulance) because a friend of his read the small print in the back of the paper. He did hire a lawyer, which cost more than the fine might have been, but he's had to pay for that lawyer slowly out a barista's salary. Luckily he has a real job now, but that was two years ago, and he's only now getting out from under it.
          We were discussing this incident at a large dinner when two other people chimed in on getting their summons too late to appear.
          I don't believe these are isolated incidents, they seem to be trends.

          "There's a crack in everything; that's how the light gets in". Leonard Cohen

          by northsylvania on Wed Apr 25, 2012 at 07:31:42 AM PDT

          [ Parent ]

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