Legal Question in Credit and Debt Law in Minnesota
Debt Collection
My son had a dental bill and was unable to pay it. He is unemployed and is now on medical and dental assistance through the county. The creditor filed something with the court system and there was a writ of attachment entered with a body only hold warrant. He was jailed and told he could not be released until the $900 bill was paid. How can the court system do this? Why aren't there then alot more people in the jails for not paying their bills. I could understand if he was working and asked to make arrangements but this is ridiculous to be jailed without release until the bill is paid seems quite unfair. Is this legal?
2 Answers from Attorneys
Re: Debt Collection
Your son did not go to jail for teh debt. He went to jail for failing fto follow a subpoena that directed him to provide discovery.
Once the creditor goes to court and receives a Judgement (and that must have occurred), that creditor can then perfom discovery of assets. If your son fails to comply, a warrant issues.
The amount paid was not for the debt, and instead was a bail amount.
Re: Debt Collection
Most likely what happened was that he ignored the judgment notice and the Order to Show Cause regarding the Financial Disclosure request.
I would need to check the court file and any notices he has received to advise you more fully.
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