|
-- Posted by Anonymous at 10:43 am on July 21, 2008
Alright basically this guy used my identity to but a $8000 ATV and I didn't find out that he did that till I got a bill in the mail. I'm supposed to pay $400 a month towards this thing I don't even have. The thing I'm worried about is there is no way I can even pay for it because I can't get a job because of epilepsy and mental problems. I'm not even able to declare bankruptcy because I'd have to turn the atv which I don't have. Can you go to jail for not being able to pay your debts, if so I'm pretty well screwed?
-- Posted by medjai at 10:47 am on July 21, 2008
Simple, prove that you didn't buy the ATV. It has a paper trail, follow it. Where was the ATV delivered, who was it purchased FROM, WHEN was it purchased, what card was used to buy the ATV, to what PHYSICAL ADDRESS was the credit card sent to (since it was sent in your name). What were the contact credentials on that credit application. Follow the trail, find the motherfucker, and have him put in prison.
-- Posted by amiee at 10:52 am on July 21, 2008
I don't know what the laws are where you are but aside from that, if you can prove that you didn't buy the ATV then you can have the guy prosecuted for it. Get in touch with whoever is asking for the $400 a month and explain the situation firstly. My aunt has been in a similar situation and she got in touch with the people asking her for money, explained what was going on and all charges were put on hold until it was resolved. Then do as medjai listed.
-- Posted by Anonymous at 10:55 am on July 21, 2008
Quote: from medjai at 1:47 pm on July 21, 2008
Simple, prove that you didn't buy the ATV. It has a paper trail, follow it. Where was the ATV delivered, who was it purchased FROM, WHEN was it purchased, what card was used to buy the ATV, to what PHYSICAL ADDRESS was the credit card sent to (since it was sent in your name). What were the contact credentials on that credit application. Follow the trail, find the motherfucker, and have him put in prison. 
The cops won't do anything, I've tried local and state cops and went to an attorney. I can't "prove" that it wasn't me. He didn't use a credit card he used my SS card to buy it and gave em my address and all that and picked it up straight from the store. Honestly I just want to know if you can actually go to jail for not paying debt?
-- Posted by amiee at 10:58 am on July 21, 2008
Well, I just found this with a search on google:
No! The only debts that you can normally be jailed for are failure to pay taxes and, in some cases, child support and alimony. You cannot be jailed for not paying a consumer debt, and it is illegal for a creditor or collection agency to threaten to have you jailed.
From here. And most of the other articles I'm reading say pretty much the same thing. Also found this:
Can I go to jail for not paying my debts? Debtors' prisons were eliminated in the United States by 1850. In a few unusual situations, however, you can still be jailed if you: • willfully violate a court order, especially an order to pay child support • are convicted of willfully refusing to pay income taxes, or • are about to conceal yourself or your property to avoid paying a debt for which a creditor has a judgment against you. 
From here.
-- Posted by Anonymous at 11:03 am on July 21, 2008
Quote: from amiee at 1:58 pm on July 21, 2008
Well, I just found this with a search on google:
No! The only debts that you can normally be jailed for are failure to pay taxes and, in some cases, child support and alimony. You cannot be jailed for not paying a consumer debt, and it is illegal for a creditor or collection agency to threaten to have you jailed.
From here. And most of the other articles I'm reading say pretty much the same thing. Also found this:
Can I go to jail for not paying my debts? Debtors' prisons were eliminated in the United States by 1850. In a few unusual situations, however, you can still be jailed if you: • willfully violate a court order, especially an order to pay child support • are convicted of willfully refusing to pay income taxes, or • are about to conceal yourself or your property to avoid paying a debt for which a creditor has a judgment against you. 
From here. 
Thank you that is all I wanted to know.
|