10,700 arrested in FBI sweep

[Thump553]

Originally posted by: fitzov
lol

My claim was that you can be arrested for debt. I've given proof, and one of you still emphatically denies it. Banker? Don't take care of my money, please. Like I said, I know people that have been in jail after being arrested for not paying credit card debt after a judgment was issued.

Your claim was "failure to pay" was a crime in MA. Please provide a link for proof of that, for that doesn't happen anywhere in the USA that I'm aware of.

As stated by other posters above, being picked up on a capius is a civil matter. There is no booking or criminal charges pressed. On the very few capius charges I've been involved in that had involuntary custody of any amount, it was extremely brief-along the lines of an hour or two, maximum.

 

[fitzov]

Your claim was "failure to pay" was a crime in MA

It is a crime.

Def.:1 : an act or the commission of an act that is forbidden or the omission of a duty that is commanded by a public law and that makes the offender liable to punishment by that law. Being able to arrest someone and put them in jail for not paying their credit card bills is punishment enough.

Please provide a link for proof of that

I already have.

 

[jlbenedict]

Please locate for us the statute for MA law that states a punishment of jail time for not paying credit card bills.

You are throwing around definitions left & right; claiming you know someone that was jailed for not paying a credit card.

You have yet to provide any valid link and/or statute of MA law that states this.

 

[fitzov]

Originally posted by: jlbenedict
Please locate for us the statute for MA law that states a punishment of jail time for not paying credit card bills.

You are throwing around definitions left & right; claiming you know someone that was jailed for not paying a credit card.

You have yet to provide any valid link and/or statute of MA law that states this.

I provided you with a link that says the sheriff may arrest you for failure to pay--where do you think they take you--McDonalds?

 

[jlbenedict]

Originally posted by: fitzov

Originally posted by: jlbenedict
Please locate for us the statute for MA law that states a punishment of jail time for not paying credit card bills.

You are throwing around definitions left & right; claiming you know someone that was jailed for not paying a credit card.

You have yet to provide any valid link and/or statute of MA law that states this.

I provided you with a link that says the sheriff may arrest you for failure to pay--where do you think they take you--McDonalds?

Ok.. you are sidestepping the question: Where does it state that if a MA resident was not to pay his/her credit cards they would be put in prison?

Originally posted by: Vic
Fitzov seems to have a bit of difficulty understanding the legal difference between criminal and civil.

Putting his quote into context:

If all attempts to collect the money and to get the Defendant into court have been unsuccessful, you can opt to have the individual arrested for an additional fee. The Defendant can be arrested at home or a workplace. Please be aware, however, that a Physical Arrest will only guarantee that we will get the Defendant into court; we have no control over any judicial decisions or payments once he or she is in court.

The arrest is only to get the defendant into court, so judicial procedings can take place.
It still did not state that a debtor would be put behind bars.

 

[Thump553]

fitgov, you are badly confusing the situation. A capias is an order from the court directing the appropriate court officer (a marshal in my state, in some states, the sheriff) to bring someone before the court to answer for civil contempt of court. Technically speaking the person is brought to court not because of their judgment debt, but because they disobeyed a court order-usually a court order to come to court to disclose information about their assets.

Capias orders are not, and cannot, be enforced by the police. The subject of a capius is not charged with a crime.

We do not have debtor's prisons in the US, and have never had any. It is possible for people to commit financial crimes through such acts as fraud-but that is a crime whether or not the person eventually pays the money back.

In any event this was a federal sweep. Next to no debt collection is done in federal court. In addition to being an unfriendly atmosphere for the plaintiff that would want to use federal court in that manner, they have the obstacles of diversity jurisdiction and minimum suiit requirements to overcome.

 

[fitzov]

Technically speaking the person is brought to court not because of their judgment debt, but because they disobeyed a court order-usually a court order to come to court to disclose information about their assets.

The debtor is brought to court because they haven't paid the ordered amount (In the MA case). If they happen to have a capias returned to the sheriff, there is then a warrant issued for arrest. They can then be held in jail pending a court date. Relating this back to the OP, if some of these arrests were for minor civil infractions like this, then the crackdown on "violent criminals" needs to be put back into context. That's why I originally said I would like to see a breakdown of what the warrants were for.