harassment, warrants, and law
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Topic: harassment, warrants, and law
Posted By: supermod
Subject: harassment, warrants, and law
Date Posted: 21/November/2004 at 9:21am
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hello everyone! hope all is well. a few questions again. 1. i understand that by law collections agents can call family members. what is the best thing to do if they start calling far to often. I know my family or I can file a complaint, but what is needed for the complaint to be valid and executed to the collectors? 2. if a summons is given to me and I dont show up for court, an arrest warrant can be issued by the judge. if they do not know where I am, can they serve the warrant to my family and is my family obligated to give it to me? Are there any repercusions for my family if they do not give me the summons? Have they committed an offense? 3. in BC an arrest warrant can be issued for a no-show in court or non-compliance of a court order. this is valid for one year after which no one can be arrested. Can they request another warrant of arrest adn can this cycle go on indefinitely? 4. can a family member be summoned to court because I default on a loan? What if they know where I am but do not say anything as to my whereabouts to the baliff - is that a criminal offense and/or can other legal action be taken against my family? I realize if things were a criminal matter then yes family is required by law to disclose whereabouts of their next of kin. But what about in civil litigations like student loan and credit card debt collections? If possible please provide me with a link or something that I can see for myself, that way I can read it and understand the statute as well. Thanks for you insite and hope to hear from you soon. Take care. |
Replies:
Posted By: BigFatherA
Date Posted: 21/November/2004 at 9:58am
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Some answers (as far as I know) 1. They can call, for the purposes if trying to get contact information. However, they don't have any more rights than anyone else, and I wouldn't tell any stranger where my relatives lived. If they call repeatedly, that's harassment. You can either deal with them by complaining to either the phone company, or your consumer agency. I'd prefer a more direct method. Grind them to a halt. Tell them "I think I might be able to look that up for you". Then put the phone down (don't hang it up!) Walk away. The longer they hang on the line the longer they aren't phoning someone else!  You wouldn't believe how satisfying that is. . .2. A summons? You shouldn't get a summons for a civil suit unless you already were sued and lost, and they are summoning you to a asset hearing. Can they serve your family? Not without any guarantee that you will receive it. I haven't talked to my father since 1997 and would tell any server that they are wasting their time. Only if your family will sign for it. If it wasn't for me I wouldn't. If you are properly served and you are a no-show the judge can issue a bench warrant. That would make your next traffic stop rather exciting. 3. If your creditors are willing to continue filing cases against you. Usually they get supoenas for all your banking and employment information and simply go after assets and wages. It is difficult to operate in todays society without an income, checking account, etc. There is, however, the old adage: "You can't get blood from a stone." 4. It's impossible to prove a negative, including amnesia. If you really want to make sure your family stays out of it, make sure that you have their contact info (and can drop in), but that they dont have yours! You can't testify to what you actually don't know! ------------- BigFatherA Priest & Teacher non carborundum illegitemi est |
Posted By: SolveStudentDebt
Date Posted: 21/November/2004 at 1:17pm
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1. Yes, they can contact familty members but only to assist in locating you. If they refuse to do so, the collectors will usually continue to call them in the hopes of locating you - especially if this is where you do reside, or the last number you had left with the lending institution you owe. If you do not reside at the residence or telephone number they are calling, and excessive phone calls are made, you can have your relative(s) file a complaint to their provincial ministry about these occurences. If they have a contact number for you that enables them to reach you, they usually stop calling family members (unless you tell them that they are going to help you pay the debt (co-sign or direct loan) or something ... which will cause them to even call your family to ask for updates and such). 2. It is a summons of writ, or an "originating notice" as some sectors call it. The originating notice is the document you would recieve by a plaintiff when they are suing for monies owed. If you do not show up for the court date, it is not a criminal offense. It would only mean admission of owing the debt unless a defense were filed. As for serving a third-party in absentia (in your absence), this would only happen in the event that you were unavailable for service for a period of time - and an approval from the court is granted to have "substituted service" initiated. This rareley happens, by the way for financial matters. So, no need to worry about that. 3. Criminal matters are different than financial matters.. unelss fraud is the charge. If you are here, you must owe money to a student loan. Now, if it is ordered that you attend (absolutely, without question) a court date, and you do not show, that is an offense. For financial matters such as litigation for the purpose of recovering unpaid debt, hearings of this nature are usually called "Discovery in aid of execution" hearings. If it is ordered that you attend, or you have your attorney attend on your behalf, then the order must be adhered to. Otherwise, you would be in poo poo. 4. No, absolutely not. To learn more about these matters, it would be better for you to hear it right from the horse's mouth. Call the Provincial Court House in your province and ask your questions. It would be quicker. Johnny
------------- Solve Student Debt specializes in solutions for students and graduates in student loan default, and those at risk of defaulting. http://www.solvestudentdebt.com" rel="nofollow - solvestudentdebt.com |