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    Arrested because of forclosure...

    I listen to the scanner all the time and yesterday I heard that someone from a bank called the police telling them they had a guy that had a warrant on him and sure enough it was a warrant for 22K cash only for a foreclosure.

    I could not believe it! I didn't think you could go to jail for owing a bank money.

    #2
    It is possible, but I suspect there is more to it.

    While you cannot be arrested for a civil debt, in most cases, you can be arrested for ignoring court orders. Not common, but it does happen.

    For instance, we were ordered by a county judge to appear for a Debtor's Exam. Had we simply ignored it, the judge could have issued a bench warrant.

    We filed BK7 a week before the exam. We were already planning on filing, and the timing was great for us anyway, so it worked out.

    I suppose if you take this to the farthest conclusion, it is possible. I had thought, though, that those types of warrants wouldn't be vigorously pursued, but would result in arrest for another infraction, like a traffic stop, shoplifting, etc. Glad it wasn't me in any case.
    11-20-09-- Filed Chapter 7
    12-23-09-- 341 Meeting-Early Christmas Gift?
    3-9-10--Discharged

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      #3
      Originally posted by wickedlate View Post
      I listen to the scanner all the time and yesterday I heard that someone from a bank called the police telling them they had a guy that had a warrant on him and sure enough it was a warrant for 22K cash only for a foreclosure.

      I could not believe it! I didn't think you could go to jail for owing a bank money.
      More utter nonsense from debt collectors trying to scare people into believing in debtor's prison.



      They will not put you in jail over refusing to pay debt.

      Otherwise I would be typing this from a prison cell.
      The world's simplest C & D Letter:
      "I demand that you cease and desist from any communication with me."
      Notice that I never actually mention or acknowledge the debt in my letter.

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        #4
        Well That guy got locked up I saw it with my own eyes. Now maybe there was something he did or didn't do but I know I heard foreclosure and 22K cash only bond. I would love to know the story but I can't remember his name to save my life or I could look it up at the court house.

        I was telling my wife I can't believe they locked him up over a foreclosure and it kinda scared me a little.

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          #5
          He was locked up because he had an outstanding bench warrant for his arrest, probably related to some failure to appear in a court mandated appearance. There are some circumstances where a judgment from a deficiency debt owned after a foreclosure sale could have resulted in his ignoring a court order for an appearance. There is obviously more to the story than you would hear on a police scanner. He should have included the foreclosure in his BK.

          Ignore the court orders for appearance and this can happen. Anyone that thinks you can ignore the legal system in this country and not be arrested doesn't know much about the system.

          Sometimes for entertainment I listen to the local police scanner. Everyone that is stopped for any reason has a full records search on them for outstanding warrants. If they show up, they are arrested, and their car is towed to a holding yard. Happens every night many times - anyone that has an arrest warrant and thinks it will go away is just playing the odds you won't get caught.
          Last edited by WhatMoney; 03-18-2010, 11:23 PM.
          “When fascism comes to America, it’ll be wrapped in a flag and carrying a cross” — Sinclair Lewis

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