I have a distant relation who is claiming that if someone doesn’t give him $600 to pay… something, he’s going to jail for 5 months. He’s a low-life, we’re all pretty sure this is a total scam, but he’s got some kind of official-looking document that he’s passing around to people that supposedly backs his claim up. I haven’t seen the document myself, so I have no clue what it might be. The only people who have seen it are older relatives who suffer from various old-age problems (dementia, etc) and who would be likely targets to be taken in by fake official-looking documents.
This isn’t the first time he’s hit up people for money. In fact, it’s pretty much a monthly occurrence.
I can’t think of a single situation where paying money would keep people out of jail. Even if he’d owed $600 and a court ruling against him, would they really put him in jail if he didn’t pay? My understanding of small claims court is that you can get a ruling, but it’s up to you to get the money, and the cops certainly don’t haul someone off to jail for that amount of cash.
So… is there any possible way this could be true? What situation would result in it?
The jail time would be for not showing up for a hearing - usually, you get a Judgment against the person, then tell them they have to show up for a Hearing on Proceedings Supplemental. If they don’t show, you request a Show Cause heating. If they don’t show to that, a Judge can enter a Bench Warrant, and the amount of “bail” is set at the amount of the original debt, plus costs, etc.
Most municipalities wouldn’t go arrest someone on a Bench Warrant, but if they get stopped on a traffic violation or has contact with the cops for some other reason, they might take him in under the warrant.
I am not a lawyer, this may not apply to your state, etc.
Yes, this can happen. Since he’s a “low life”, he may have been ticketed for loitering or soliciting or something like that. I know this because I was once considered a “mark” for such a low life. I made the mistake of helping him and his wife out when they were homeless. Then, when he saw my vehicle, he walked around my whole area looking for it until he found it. Then the begging began.
The last straw was when he got ticketed for hundreds and needed $15 per month for a very long time in order to stay out of jail. He showed up at my house desperate for a ride to city hall on Friday at 4:45 so he wouldn’t have a bench warrant taken out on him on Monday. I gave him a ride down there and when we got there, he said he also needed the $15. Okayyyy… then I ran him off and made it clear that he is to never come back. That was a few months ago and I haven’t seen him since. Sometimes you just gotta be firm. With people like that, nothing is ever going to be enough “help” for them because they won’t help themselves. I can’t make them choose to NOT be out of control.
I just remembered something else. When I first saw this couple “living” in an abandoned car wash and took them food for a month, the man then got nicked for “criminal trespass” and spent a month or so in jail for that. I believe a fine was optional in that case but it depends upon the judge and localities’ laws vary on these things.
He doesn’t have any kids, so it’s not child support, but he almost certainly has outstanding warrants against him.
The ironic thing about all of this is that most, if not all, of the people he’s approached would love to see him end up in jail. At least there, he won’t be bugging people or taking advantage of older friends/relatives. Let’s hope he doesn’t dupe anyone into giving him the cash so he gets out of everyone’s hair for a while.
I think that if you don’t pay your traffic tickets for long enough, eventually they will issue a warrant for your arrest. Unfortunately, the kind of peopple who need money to stay out of jail are the sort of people who lie about needing money to stay out of jail, so it is difficult to be sure. Or he needs money for the bail bondsman, or God knows what.
Failure to make restitution or a fine is a possibility; restitution gets you a lighter sentence (or none at all), so if you don’t pay it you are violating the terms of your release.
The bold part is what makes your assessment incorrect. OP stated that if he didn’t pay $600 he would go to jail for five months. In a situation like you are describing, if he did go to jail he could get out as soon as he came up with the $600.
The “five months” part makes it sound like it is part of some previous court order or criminal sentence. If child-support related, it could be true, although putting someone in jail for extended periods over child support is rare and self-defeating, as they can’t pay the support while they’re in jail. It does happen in the most extreme circumstances though.
I find it more likely that he is under some kind of criminal sentence, and the $600 is court costs, fines, probation fees, etc… In that case he would have some documentation that he owes the money as well as the threat of a jail sentence. However, having probation revoked and jail time served over unpaid fees is *extremely *rare. By law the State has to prove that the defendant had the ability to pay and refused to do so. It doesn’t sound like they could prove that with the subject of the OP.
Incidentally, this kind of extortion from family and friends is very common when people are placed on probation. I used to get angry calls all the time from angry parents, grandparents, etc… saying that they had given their precious snowflake $1,500 to pay their fees, and why were we still pursuing them for the money? Of course, snowflake had used the money to buy drugs.
Yes, happens all the time. A classic situation is child support: pay or go to jail. But you can be jailed anytime you’re ordered - in a criminal case - to pay a fine or court costs or whatever.
