View Full Version : Civil Court Hearings - Have to go to them?


bgreeen999
04-16-2003, 12:11 PM
When you are in the Fed. prison and you get sued for a civil matter, i.e. for bad debts on credit cards, etc. do they force you to go to the hearing via "diesel therepy" or can you flake out and not go by choice?

B

life2thesequel
04-16-2003, 07:13 PM
I don't know what provisions are particular to the Federal system,... but if you are in a given state... and that state is the one where the civil suit is ongoing....---

You'd be served as 'respondent' to the suit,... and have no right to be represented by any appointed attorney.... so you'd not be having someone motion for appropriate transport for you at any subsequent hearing.. and you'd not have a 2 legged attorney IN court for you during the hearing.
You'd be missing the party (if there was any hearing ordered), you'd be more likely to be the recipient of more legal mail telling you there had been a judgement levied against you while you were sleeping.

If you were in KY... and you got served (paternity/divorce with complications and kids and property at issue/ or any other civil business where you'd be 'respondent' or plaintiff--- you'd have Resident Legal Aid to prepare and file your own responses to the original complaint (or file the original complaint if you are suing someone) and IF a hearing is ordered they'd file all the proper stuff to have YOU in the hearing--and occasionally the Legal Aid too.

In most places (states) it's "kick me, I'm DOWN" week when you get served w/ civil suit while locked up. At least in KY you can indeed come up swinging.
You'll have to wait for the Fed vets to check in here on policies/options/procedures that may vary.

ladyconvict
04-20-2003, 08:36 PM
If whoever is suing you goes to the trouble of issuing a subpoena and filing the proper papers with the Feds, then you have no choice.

bgreeen999
04-21-2003, 12:51 PM
I guess I would go there and say "yeah I owe the money but I have nothing to give". Enjoy! : )

B

flygirlaa2
04-21-2003, 04:50 PM
B, the feds have an inmate financial responsibility program. I know with Amir there have been many times that I have paid his fines, etc. in order to get him a transfer. Here is a little bout the program right off the bop page. I am not sure that you will get to go to the hearings, but they can hold certain things from you if they know you have an outstanding judgement. I think they may only do it to harass those inmates that they do not care for.


To assist in the collection of special assessments, restitutions and fines ordered by the court, the BOP operates the Inmate Financial Responsibility Program (IFRP) in conjunction with the Administrative Office of the United States Courts and the Executive Office for United States Attorneys. All inmates with special assessments, restitutions, or fines are required to develop a financial plan to meet these obligations. These obligations may include court costs, judgements in favor of the United States, debts owed the federal government, and other court-ordered obligations. Some inmates have the resources to meet their obligations at the time of commitment to custody, while other inmates meet their obligations gradually, by contributing money earned from prison work assignments and/or outside resources. IFRP participation is linked to eligibility for prison privileges and programs, such as housing and work assignments, community correctional center placement, furloughs, and other opportunities. IFRP participation may also affect an inmate's custody level. Each sentenced inmate who is physically and mentally able is assigned to an institutional or industrial work program. Institution staff assist in developing an inmate's IFRP plan, but the inmate is responsible for making all payments, either from earnings within the institution or from outside resources. Through this program, the BOP collected $8,362,170.00 during FY 2002. A significant portion of these funds goes into the Crime Victims' Fund, which provides financial support for state operated victim assistance programs.