[Candice4kids]

I have a credit card that has a bill of 1006.00 and a crditor called me to settle, which I can not afford to do in lump sum. They said that an arrest judgement will be ordered in 4 days. Can they do this and what is an arrest judgement?

[DesElms]

In what country do you live? If it's the US, then no, you cannot be arrested for a debt. We don't have "debtor's prison." That's the stuff of Charles ens novels.

EDIT: Can you believe that the naughty word filter on this system is turned up so high that it deleted the first four letters of Charles D*ckens' last name, above? Oy! [rolls eyes]

If you're in the US and you've had a debt collector say such an outrageous thing to you, then you need to make him/her wish that he/she had never been born. You have rights; and there are federal and state laws which govern how debt collectors may do their jobs (what they can say or threaten, when they can call, what they can actually do, etc.), and what you're claiming was said to you is about as illegal as it gets for a debt collector to have done.

All that said, if you live somewhere other than the US, then all bets are off. Who knows... your country may very well permit debtors to be arrested. It's impossible to say at this point. You haven't provided sufficient information.

In any case, consult with a lawyer. That's what they're for.

[0rphan]

Hi Candice4kids... I think we are talking American law of which I know very little about, as I am not an American.

Arrest of judgment or judgement of arrest I think is the term you are referring to... something about decisions in a court of law, maybe some kind of error in the case.

My advice would be, speak to a solicitor as soon as possible and find out all the legal implications, also what options are open to you.

You haven't supplied a lot of information, so I'm just wondering what has gone before this judgement!

Usually you would receive a letter asking for payment, if that was ignored, you'd receive a red letter reminder... basically pay up or we'll take you to court.
If that was also ignored, depending on who the debt was owed too, it 's either a debt collector's company who deals with it from then on, or a court appearrance where you can plead your case... why you haven't paid up etc... perhaps given the opportunity to pay in installments, what ever you can afford.
This is how it works here,I can't imagine that the creditors are asking for payment in full, without previous contact, that would be totally unreasonable.

Sometimes it's just scare tac-tics, which obviously works, forcing the debtor to face there responsibilties and hopefully pay up.

If I were you I'd make an appointment as soon as possible with a solicitor.

Write down all your household expenses

All your personal expenses

Lastly what you can afford to pay back in installments.

Collate it altogether ready to take with you on your appointment, this will give your legal aid information to work with whist it's being sorted out.

I hope this helps a little... Goodluck

[DesElms]

Hi Candice4kids....i think we are talking American law of which i know very little about, as i am not an American.

Arrest of judgment or judgement of arrest i think is the term you are referring to...something about decisions in a court of law, maybe some kind of error in the case.

My advice would be...

There is no type of judgement in US jurisprudence called "arrest judgement." The way she used it suggests that the collector wants her to believe that she is going to be arrested for her debt.

The phrase "arrest (of) judgement", isolated from the questioner's original implied meaning herein, has legal meaning, however. To "arrest a judgement" refers to a situation wherein a court withholds judgement in favor of a plaintiff on the grounds (usually on motion of the defense) that there is an error on the face of the record which, in and of itself, effectively vitiates the proceedings. Such only applies to objections to facial errors of the record, not objections of form. Arrested judgements used to be possible (and were routinely abused and clogged-up the courts) on objections to form, but most states have enacted what are called "statutes of amendment and jeofails" which eliminate objections of form as valid reasons for a court to arrest a judgement.

But that's clearly not what the questioner was talking about... hence my answer.

To the questioner, I reiterate: Talk to an attorney (or, if you're in a country that uses the term "solicitor," then talk to a solicitor). Right away.

[JudyKayTee]

I have a credit card that has a bill of 1006.00 and a crditor called me to settle, which I can not afford to do in lump sum. They said that an arrest judgement will be ordered in 4 days. Can they do this and what is an arrest judgement?

The only context in which I've heard of an Arrest [of] Judgment is when a Judge feels the charges or verdict are incorrect, can be overturned and does not rule. I've only seen it once but it's first year law school.

The quote is: "The postponement or stay of an official decision of a court, or the refusal to render such a determination, after a verdict has been reached in an action at law or a criminal prosecution, because some defect appears on the face of the record that, if a decision is made, would make it erroneous or reversible.

Although the Federal Rules of Civil Procedure make no such provision, state codes of civil procedure should be consulted concerning the issuance of an arrest of judgment in actions at law.

In criminal proceedings, a defendant must make a motion for an arrest of judgment when the indictment or information fails to charge the accused with an offense or if the court lacks jurisdiction over the offense charged. State and federal rules of criminal procedure govern an arrest of judgment in criminal prosecutions."

It has nothing specifically to do with money judgments or owing money or getting sued for a debt.

What Country/State?

You can either consult with an Attorney now - which is rather pointless if you cannot pay the debt right now, attempt to negotiate a WRITTEN agreement or wait until you are served with papers and then get your defense together. Do you know if the debt is still within your State's statute?

[Fr_Chuck]

Ok, there is a common statement, if a collection person is moving their lips they are lying.

First never talk to these scums on the phone, no agreement over the phone will be binding anyway. Next they will threaten often to have you arrested, to take your car, that the police will be at your home tomorrow if you don't do this or that. They will threaten to even send people to your home to hurt you.

You can not be arrested ( in the US) for owing money with the exception of taxes. You can be sued but you will have to receive written notice of the law suit and have a chance to defend yourself, and there is no way they could ever even get you served in 4 days, and even after being served you have a number of days for a reply and so on. *** all based on US laws.

Your best bet, refuse to talk to them on the phone, write them and demand they do not contact you on the phone again but put it all in writing.

[Candice4kids]

The only context in which I've heard of an Arrest [of] Judgment is when a Judge feels the charges or verdict are incorrect, can be overturned and does not rule. I've only seen it once but it's first year law school.

The quote is: "The postponement or stay of an official decision of a court, or the refusal to render such a determination, after a verdict has been reached in an action at law or a criminal prosecution, because some defect appears on the face of the record that, if a decision is made, would make it erroneous or reversible.

Although the Federal Rules of Civil Procedure make no such provision, state codes of civil procedure should be consulted concerning the issuance of an arrest of judgment in actions at law.

In criminal proceedings, a defendant must make a motion for an arrest of judgment when the indictment or information fails to charge the accused with an offense or if the court lacks jurisdiction over the offense charged. State and federal rules of criminal procedure govern an arrest of judgment in criminal prosecutions."

It has nothing specifically to do with money judgments or owing money or getting sued for a debt.

What Country/State?

You can either consult with an Attorney now - which is rather pointless if you cannot pay the debt right now, attempt to negotiate a WRITTEN agreement or wait until you are served with papers and then get your defense together. Do you know if the debt is still within your State's statute?

I live in the United States in North Carolina. The creditor is a credit card and it has been sent to a collection agency. This was said from the mouth of a collection agent. So you are saying that nothing can be done as far as an arrest judgement? Right?

[progunr]

Ok, there is a common statement, if a collection person is moving thier lips they are lying.

First never talk to these scums on the phone, no agreement over the phone will be binding anyway. Next they will threaten often to have you arrested, to take your car, that the police will be at your home tomorrow if you don't do this or that. They will threaten to even send people to your home to hurt you.

You can not be arrested ( in the US) for owing money with the exception of taxes. You can be sued but you will have to recieve written notice of the law suit and have a chance to defend yourself, and there is no way they could ever even get you served in 4 days, and even after being served you have a number of days for a reply and so on. *** all based on US laws.

Your best bet, refuse to talk to them on the phone, write them and demand they do not contact you on the phone again but put it all in writing.

Your comments amaze me sometimes!

Sure, if an EX COP's lips are moving, they are lying, makes about as much sense as your sladerous statement.

Or how about EVERY Catholic Priest is a child molester?

PLEASE.

I've read enough of your posts to know that you have some common sense, I don't know where it went when you posted this one.

[JudyKayTee]

I live in the United States in North Carolina. The creditor is a credit card and it has been sent to a collection agency. This was said from the mouth of a collection agent. So you are saying that nothing can be done as far as an arrest judgement? Right?

I don't know what the collection agent was talking about - you cannot (and have not been able for a lengthy period of time) be ARRESTED for a credit problem. Obviously if you applied for the card using someone else's ID or there is some other fraud involved you can be arrested for fraud - but that has absolutely nothing to do with your situation.

An arrest judgment (which is sort of slang for arrest of judgment, for lack of a better explanation and not wanting to get really lengthy, has to do with criminal matters - if the papers filed don't explain your crime, if you are in the wrong Court, if you are charged under the wrong Statute. It has NOTHING to do with credit matters.

No, nothing can be done as far as an arrest judgment because there is no such thing concerning debtor/creditor matters in this regard.

I wouldn't get into big, involved arguments with the collection agency - tell them to stop calling you, not to contact you. They then can either recommend a lawsuit or go away.

I don't know if we've "discussed" this but is this your debt? The Statute of Limitations on debt in NC on a credit card is 3 years. That means that if there has been NO ACTIVITY in/on the account in the form of a payment or use of the card (and this does not include attempts by them to collect or letters you wrote or calls you received or made, it's ACTIVITY on the account) they cannot legally collect from you. They are outside the Statute - this is not a big secret, illegal thing. This is the law in NC.

Post back if you have any questions. (By the way, the caps don't mean I'm shouting at you - those are the important words.)

If by any chance they decide to go ahead with the lawsuit, let "us" know and "we'll" walk you through.

In the meantime - obviously - do NOT use the card and do NOT make any payments until you figure out if it's within the Statute.