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#1
03-01-2004, 05:21 AM
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"Body Attachments"
Not looking to start a political discussion here, srictly a legal one.
If I do not show up for a hearing on a civil suit, can I actually be arrested for it? Wouldn't I just be subject to having a summary judgement entered against me? See the article below. Can what the author refers to as a "body attachment" actually take place? _The Progressive_ February 2004 Flip Side: Barbara Ehrenreich Gouging the Poor "Not quite yet, anyway, though the trend is clear: Hospitals are increasingly resorting to brass knuckle tactics to collect overdue bills from indigent patients. Take the case of Martin Bushman, an intermittently insured mechanic with diabetes who, as reported in The Wall Street Journal, had run up a $579 debt to Carle Hospital in Champaign-Urbana. When he failed to appear for a court hearing on his debt rather than miss a day of work, he was arrested and hit with $2,500 bail. Arrests for missed court dates, which the hospitals whimsically refer to as "body attachments," are on the rise throughout the country. Again, on the half full side, we should be thankful that the bodies attached by hospitals cannot yet be used as sources of organs for transplants." 
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#2
03-02-2004, 04:23 AM
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"Body Attachments"
Brian wrote:
[considering a failure to appear] Quote:
mood of the judge, whether you've been subpoenaed, and the jurisdiction. These consequences go beyond your fear of body attachments or the fevered rantings of some author who rather sarcastically implies that such attachments luckily so far don't extend to removal of body organs in some for profit hosptial scheme. What I suggest you do is to call the clerk of fhe court, a local legal aid society or a friendly lawyer and ask what the actual experience has been in cases like yours before the judge you're scheduled to see. My personal experience is that a failure to appear will result in a default judgement and nothing more - but if you're anxious check! Also note that his author has launched a good career manufacturing how evil private corporations oppress and virtually enslave poor but honest working folks so don't give her rants much if any credence. -paul ianal
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#3
03-02-2004, 04:23 AM
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"Body Attachments"
lostintheether@hotmail.com (Brian) wrote:
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up? It doesn't make any difference to them, with the possible exception that they will have a better chance to beat you if you're not there. You will be required to show up, however, if you have some evidence relevant to the case and you have been notified by proper process (e.g. subpoena). In that case your failure to show up may prejudice some other party, and you will be subject to arrest and being brought into court to give the evidence required. Stu
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#4
03-02-2004, 04:23 AM
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"Body Attachments"
"Brian" <lostintheether@hotmail.com> wrote in message news  md6409bjml9he5a5n17l6l015q12dt3ev@4ax.com...Quote:
Complains against you in a Civil Action, The Court *Orders* you to Appear and *Answer* P's Complaint... When you Fail To Appear, you are *Showing Contempt* for The Court's Command that you *Appear*... Thus, at the Cloying Behest of P's Evil Collection Agency, *The Court* issues a *civil arrest warrant/contempt citation, known here as a "body attachment", which Does Not Command you to Pay The Debt, but instead Commands you to Explain Your Contempt of Court... And if the Evil Collection Agency Lawyer simultaneously gets Blood Out of a FRIGHTENED Turnip during The Process, Ethics Be Damned, they'll do it Quote:
who will Abuse The Process until Someone Calls `Em On It... Quote:
"Attachment" of The Person to Satisfy a Debt as though it had the Option of Attaching the Person or some Asset(s)... Eventually, someone is going to bring an ABUSE OF PROCESS Complaint against those who employ this Abusive Tactic... It is, Ever and Always, NOT a means of Collecting a Judgment, but a Court's Complaint of Contempt Of Court... [Snip] Quote:
Quote:
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It" Maximus
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#5
03-02-2004, 04:23 AM
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"Body Attachments"
lostintheether@hotmail.com (Brian) wrote in message
news:<pmd6409bjml9he5a5n17l6l015q12dt3ev@4ax.com>. .. Quote:
Quote:
defendant's failure to appear to contest the charges, after being properly served with process, can result in a judgment by default being entered against him. But what does a judgment creditor do after obtaining a judgment, if the debtor still won't cooperate in collecting the debt? "Body attachment" occurs only after a final court Order has been entered, awarding a judgment to the creditor, and the defendant debtor simply ignores the summonses from the Court to appear at _enforcement_ proceedings, such as an inquisition regarding the location and value of his assets (which the judgment creditor can then have the sheriff garnish or seize to pay the debt). The judgment is just a piece of paper, and without either a good faith opponent who is willing to pay voluntarily after the judgment is entered, _or_ court-enforced collection proceedings, it is worthless. The "body attachment" does have the merit of being the last resort to compel the scofflaw debtor to appear and answer the questions that the judgment creditor wants to put to him. Quote:
Quote:
Yes. After a judgment has already been entered, and if the judgment debtor ignores enforcement attempts. -- This posting is for discussion purposes, not professional advice. Anything you post on this Newsgroup is public information. I am not your lawyer, and you are not my client in any specific legal matter. For confidential professional advice, consult a lawyer in a private communication. Mike Jacobs LAW OFFICE OF W. MICHAEL JACOBS 10440 Little Patuxent Pkwy #300 Columbia, MD 21044 (tel) 410-740-5685 (fax) 410-740-4300
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#6
03-05-2004, 03:27 PM
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"Body Attachments"
"Michael Jacobs" <mjacobslaw@comcast.net> wrote in message news:63v840hfpusm42mjb06gtt27ghj4fevl7t@4ax.com... Quote:
ignored, I motioned the court to have the debtor held in contempt. The judge made it clear to the debtor that he could not put the debtor in jail for not paying, but he could and would put the debtor in jail for not answering the questions about the debtor's assets truthfully and in full. Had a few pony up the money right there rather than tell me about their bank accounts.
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