Illinois Debtors Thrown In Jail: Lisa Madigan Working To Stop Debt Collector Arrest Warrants
Some Illinois residents struggling to pay off their debt have yet another thing to worry about: getting thrown in jail.
As WBEZ reports, creditors in the state have figured out ways around laws that prevent them from putting debtors in jail, and the number of people being issued arrest warrants linked to unpaid bills is growing. Collection agencies can reportedly file a lawsuit requiring a court appearance, and if the defendant doesn't show up for their hearing, an arrest warrant can be issued.
The practice has been happening more often in a stagnant economy, and Illinois Attorney General Lisa Madigan wants to do something about it.
"We can no longer allow debt collectors to pervert the courts," Madigan told the Wall Street Journal, adding that some victims of this practice were thrown in jail without knowing that they were being sued due to misleading or sloppy paperwork submitted to the court by debt collectors.
NPR spoke to one Illinois woman who was shocked to learn that a warrant was out for her arrest:
Take, for example, what happened to Robin Sanders in Illinois. She was driving home when an officer pulled her over for having a loud muffler. But instead of sending her off with a warning, the officer arrested Sanders, and she was taken right to jail.
"That's when I found out [that] I had a warrant for failure to appear in Macoupin County. And I didn't know what it was about."
Sanders owed $730 on a medical bill. She says she didn't even know a collection agency had filed a lawsuit against her.
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How to reverse boycott debt collectors.
ReplyDeleteWhen a debt collector/debt collection/debt buyer company can repeatedly call with the intent of getting money their customers can repeatedly answer or call back with the intent of not giving them any. They need people to pay with as little talk as possible. They don't want to talk with people who know they are never going to pay. Be all talk and no pay. Answer when convenient. Call back. Give no information. Verify nothing. Ask as many questions as you can. Answer none.
Don't ignore/block/report them. It doesn't work. These folks want you to ignore them for as long as you can stand to or until you give them something valuable like money or information. Ignoring them is being their good customer. Sending a cease and desist is giving information. It lets them know you are still alive and remain their good customer. Preparing to initiate unlikely individual legal battles is being their good customer.
Be their bad customer. Make them talk to you fruitlessly for as long as they can stand to or until they stop selecting you as their customer. These companies cannot spend seconds much less minutes on the phone with every person who will never send them a dime. But they don't know who that is. You do. That knowledge is power. Every second you can keep their staff on the phone will render their business less profitable giving them a reason to never call you again.
Calling will not reset your SOL. Making a partial payment will.
One person who does this likes to ask general questions they should but usually won't answer, "May I have the name and address of your agent for service of process?" Calmly and slowly ask them to spell every word in the address. Read it back for verification. Control the pace. If they are rushing then politely ask them to slowly repeat. "Are you a corporation and if so in which state are you incorporated?" Repeat your questions when you don't get direct answers. When they won't answer a question ask, "Would you like to comply with the business and professions codes of your state?" That is usually the point when they hang up on me but if they say they want to comply then begin your questions again.
Repeat while you have the spare time. These folks have many victims and few operators. If everyone calls back but pays nothing the mass auto-dialer business model becomes unprofitable. Don't aid and comfort the enemy by ignoring them. Call! Have a nice long slow friendly chat! Make them hang up first.
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There are certainly enough victims to take down debt collectors so ignoring/blocking seems downright Orwellian. Really? We're just going to passively submit and go with a block list or however we manage ignoring an endless stream of unwanted phone calls day after day? No! Unite or remain conquered. Answer/return every call - become well practiced at keeping these folks on the phone - or count yourself not amongst the free.