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Joined 1 year ago
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Cake day: June 11th, 2023

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  • Debtors prisons are still illegal and don't exist in the US. It's all explained in the article, but the issue is really that poor people have bad legal representation, local judges aren't all great, and private debt collection is out of control.

    In the US, your creditors should generally only be able to garnish your wages up to legal maximums. You can't get prison sentences in civil trials.

    Arrests are a last-resort way for a court to force someone to appear. The other jail time is basically contempt of court for failing to comply with court orders. These should probably exist in general, but they are likely misapplied for the above reasons in these cases.

    Write to you representatives about the above stuff, not debtors prisons, since they won't know what you are talking about.


  • They could potentially bring a related criminal suit later. I'm not an attorney, and there are a lot of specific rules about, but the stakes are lower in a civil case (i.e. no prison) and the burden of proof is easier, so you can more easily prove things or get the defense to admit things in a civil case that can sometimes make a criminal case easier.

    Even if you can't cite the civil case from the criminal case, just the fact that the civil case ruled one way gives the prosecution confidence to commit to a criminal case and leverage if they negotiate a settlement.