General Discussion

happyslug

(14,779 posts)

38. Such small payments extend any stature of limitation

Sat Apr 21, 2012, 03:05 PM

Apr 2012

Thus UNLESS a Judgment has been entered, do NOT pay anything.

On the other hand this topic is in regards to actual JUDGMENTS. That is a different ball game, just appear in court and say you have no money. In most states that still retain arrest for debt that is all that is needed. Not only must the debtor appear, so must the Creditor. If the Creditor does NOT appear, ask for dismissal, but you have to obey any Court Orders, but a Judgement is NOT such an Order.

Just pointing out that in PRE-JUDGMENT cases it is in the best interest of the debtor NOT to make any payments, so when the Creditor does file the defense of Statute of Limitation is available. Each payment, no matter how small, extends the four year statute of limitations from the date the payment is made.

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Jailed for $280: The return of debtors' prisons [View all] myrna minx Apr 2012 OP

k&r Liberal_in_LA Apr 2012 #1

WTH! This is unreal. k&r Little Star Apr 2012 #2

"Under the law, debtors aren't arrested for nonpayment,..." dixiegrrrrl Apr 2012 #18

As if there's a difference saras Apr 2012 #22

That's a good thing to remember - even regular token payments can avoid almost all problems bhikkhu Apr 2012 #31

Such small payments extend any stature of limitation happyslug Apr 2012 #38

Good point - I forgot about that bhikkhu Apr 2012 #48

Which is really just an end around the fact that you arent supposed to be thrown in jail for owing stevenleser Apr 2012 #36

Damn straight it's "unreal" earth trine Apr 2012 #34

It will happen here. In fact, it already has. K&R n/t Egalitarian Thug Apr 2012 #3

Simple solution. She could just hire an expensive lawyer (like the wealthy do, .... BlueJazz Apr 2012 #4

As someone who personally clawed her way out of debt, I cannot believe this is what we've become myrna minx Apr 2012 #5

Believe it. This is indeed who we have become. closeupready Apr 2012 #8

I hate this mother fucking hell hole of a country more and more each day! If things get worse I Justice wanted Apr 2012 #6

not all states treat their citizens this way cali Apr 2012 #11

Neither does Pennsylvania, we abolished arrest for debt in 1820. happyslug Apr 2012 #39

Post removed Post removed Apr 2012 #14

those freedoms are gone forever bub. Get used to it. provis99 Apr 2012 #17

Feel free to leave anytime. greytdemocrat Apr 2012 #43

Just plain mean. And stupid. McCamy Taylor Apr 2012 #7

State legislatures in the nineteen thirties had the actual cajones truedelphi Apr 2012 #9

We're all being pissed on by kochs. It's trickle down. xtraxritical Apr 2012 #44

Their crimes: They didn't steal a billion dollars for themselves and SDjack Apr 2012 #10

remember ... ... bayareaboy Apr 2012 #33

I could see this coming back in 2005. BlueIris Apr 2012 #12

If she had stolen $280 Million............. Smilo Apr 2012 #13

Or as Thoreau said in "Civil Disobedience" starroute Apr 2012 #37

Who passed the laws? Who wrote the laws? n/t tooeyeten Apr 2012 #15

the ALEC brainwashed passed them; ALEC wrote them SemperEadem Apr 2012 #26

they're the tooeyeten Apr 2012 #46

USA! USA! USA! sarcasmo Apr 2012 #16

I guess some debt collector called in the police DaveJ Apr 2012 #19

This is what happens when corporations take over... Jake2413 Apr 2012 #20

This injustice has an Alec Private Prison response all over it. midnight Apr 2012 #21

I live in Georgia and owed thousands in credit card bills. RebelOne Apr 2012 #23

That is unbelievable! nt Honeycombe8 Apr 2012 #24

I don't know the particulars of this case. . . daligirl519 Apr 2012 #25

But for debtor's prison to be truly effective like in Dubai, fasttense Apr 2012 #27

Meanwhile, Dubai changed its laws when the government and associated entities defaulted on its own JCMach1 Apr 2012 #50

Du rec. Nt xchrom Apr 2012 #28

And no subprime swindlers were punished. shimonitanegi Apr 2012 #29

contempt of court.. madrchsod Apr 2012 #30

We have a WINNER!!! You got it exactly right! davsand Apr 2012 #40

Hi Laura NNN0LHI Apr 2012 #45

That was a lot more common in the early to mid 80's. davsand Apr 2012 #47

This is why working class people need to be looking at solutions for legal insurance. napoleon_in_rags Apr 2012 #32

So say a person goes to jail over a debt... 2QT2BSTR8 Apr 2012 #35

I do support actions, and you be surprise how much money comes up after an arrest happyslug Apr 2012 #42

Ah but the prison industry is very eager to expand. truedelphi Apr 2012 #49

And prison labor saves on shipping. n/t upi402 Apr 2012 #51

Dickins' is rolling in his grave right now. n/t vaberella Apr 2012 #41

Contempt of court is not the same thing as failure to pay a bill slackmaster Apr 2012 #52