Re:When Medical Debt Collectors Decide Who Gets Arrested
by mnm1 on Saturday October 19, 2019 @01:28PM
(#21299591)
I was sued and the order to appear never arrived. I spoke to the judge and she said it doesn't matter. If it was sent out with USPS, it's considered delivered. They don't have to prove it was even delivered.
Re:When Medical Debt Collectors Decide Who Gets Arrested
by bpodgursky on Saturday October 19, 2019 @01:43PM
(#21299691)
This article was clear that the judge required defendants to be properly served. I can't speak to everywhere, but I thought that was pretty standard practice.
Re:When Medical Debt Collectors Decide Who Gets Arrested
by 77pt77 on Saturday October 19, 2019 @01:50PM
(#21299730)
You mean the judge that never even studied law?
Re:When Medical Debt Collectors Decide Who Gets Arrested
by bpodgursky on Saturday October 19, 2019 @02:03PM
(#21299798)
Yes, that one, if you read the article like I did:
> He made sure no one was arrested unless they’d been reached by personal service or certified mail.
> As long as the defendant had been properly served, the judge’s answer was always yes.
I'm not trying to justify anything else, but the experience of being arrested without being properly served does not align with the article in question.
But yes, people looking for a reason to blame the victim will use process arguments like that to ignore the reality of what is happening.
[1] We're talking about people with medical issues and no money; that can mean no car or no house or no personal mobility.
[2] As anecdata, someone I know was sued for nonpayment of a loan. Papers were served by mail and arrived the day of the hearing; postal carrier timing meant it arrived right as she would have had to appear, even if she hadn't been at work. Default judgement, and she didn't have the money to hire a lawyer to contest it. See how that works?