Dear shnneedanswer-ga;
Thank you for allowing me an opportunity to answer your interesting
question. Keep in mind our disclaimer below that we do not provide
legal advice in this forum. What I am showing you is information that
is published on the subject freely accessible to the public:
Outstanding (unpaid) debt is a civil matter in the United States for
which one can be sued in civil court but over which the police
(enforcers of criminal law) have no jurisdiction. Only in the event
that your friend defrauded someone or misrepresented himself in some
way would his actions be considered criminal.
??credit problems are a civil matter??
FIRST STONE ? THE CREDIT MASTERS
http://www.consumerfightback.com/info.html
?Remember, being in debt is not a crime...?
DEBT AND CREDIT TIPS
http://www.debt-and-credit-tips.com/
?"Debt collectors are growing more outrageous in their collection
efforts," Exton lawyer John Ralston Woodruff told the group. "We're
seeing this as an epidemic." "They will tell you they'll put you in
jail. Well, there hasn't been a debtors' prison since 1850. You can't
go to jail for being in debt," he said.?
AS BILLS PILE UP, JOBLESS WEAR DOWN; COPING WITH COLLECTORS CAN CRUSH SPIRITS
http://www.freerepublic.com/focus/news/857568/posts
?An even more aggressive, and scarier, tactic than the threat of a
lawsuit is the threat of going to jail. And it's becoming very common.
You can't go to jail for being in debt. Of course if you commit fraud
that's a different matter but there is no debtor?s prison.?
I HATE DEBT
http://www.ihatedebt.com/DirtyCreditorTricks.html
?We don't put people in prison for being in debt.?
ABOUT REFINANCING MORTGAGES
http://www.aboutrefinancemortgages.com/mortgage/bad-credit-mortgage.html
The creditors however could have sued him in civil court and there
might be a hefty judgment against him ordering him to repay the debt
(and also any accumulated legal fees, etc associated with the
lawsuit). While it may be possible for authorities in some
circumstances to seize his property with a court order demanding his
property be seized and auctioned in order to satisfy his debt, his
actual debt is not considered a crime and will not likely land him in
prison.
I hope you find that my research exceeds your expectations. If you
have any questions about my research please post a clarification
request prior to rating the answer. Otherwise, I welcome your rating
and your final comments and I look forward to working with you again
in the near future. Thank you for bringing your question to us.
Best regards;
Tutuzdad ? Google Answers Researcher
OTHER INFORMATION SOURCES
SEARCH STRATEGY
SEARCH ENGINES USED:
Google ://www.google.com
SEARCH TERMS USED:
Credit
Jail
Crime
Criminal
Prosecution
Debt
Prosecuted |
Request for Answer Clarification by
shnneedanswer-ga
on
14 Sep 2005 04:35 PDT
Dear researcher,
You gave an answer to the general question that if one will go to jail
for not paying debt. But I want to know how I can find out if my
friend, given his specific circumstances, was sued by the credit card
company. If not sued, of course he will not go to jail. If sued, (I
guess the credit card company will win the case automatically given
the absence of my friend), the decree(verdict) of the court itself
tells if my friend will go to jail or not. So I think what I really
want to know is that where I can find out whether the credit card sued
or not. Is this kind of information publicly available?
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Clarification of Answer by
tutuzdad-ga
on
14 Sep 2005 08:18 PDT
>>> You gave an answer to the general question that if one will go to
jail or not paying debt. But I want to know how I can find out if my
friend, given his specific circumstances, was sued by the credit card
company. If not sued, of course he will not go to jail.
As I said, even if he WAS sued he would not face jail time for being
in debt unless he committed a crime in the process. As long as he did
not commit a crime, failing to pay debt is not a criminal offense in
the US. It is a CIVIL issue.
>>> If sued, (I guess the credit card company will win the case
automatically given the absence of my friend)?.
Yes, that is a likely scenario. Often, when a person is sued civilly
and they do not appear or otherwise fail to answer the summons, they
lose be default (for being absent).
>>>. . .the decree(verdict) of the court itself tells if my friend
will go to jail or not.
You must understand that a CIVIL COURT does not render a VERDICT. That
is a term used in CRIMINAL COURT. A civil court issues a JUDGMENT for,
or against, a defendant. One does not go to jail for having a judgment
against them.
>>> So I think what I really want to know is that where I can find out
whether the credit card sued or not. Is this kind of information
publicly available?
There are several ways to find out know if a judgment has been
rendered against your friend:
-- He can contact the creditors and ask them
-- He can check with the clerk of the court in the jurisdiction where
he lived at the time, and if a judgment was filed against him there he
can get a court record of it
-- Or, he can choose the most confidential method of request a
personal credit report. If a judgment was entered against him it will
probably be on his credit report.
Here are some resources that will help you both understand the process
ofobtaining a confidential credit report.
GOOGLE
?HOW TO OBTAIN A CREDIT REPORT?
://www.google.com/search?hl=en&q=how+to+get+a+credit+report
I hope this helps. I look forward to your rating and final comments.
Regards
Tutuzdad-ga
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