Comments on: Installment Buying Landed Me In Jail http://blog.modernmechanix.com/2009/04/28/installment-buying-landed-me-in-jail/ Yesterday's tomorrow, today. Sat, 21 Nov 2009 23:55:18 -0800 http://wordpress.org/?v=2.8.4 hourly 1 By: hwertz http://blog.modernmechanix.com/2009/04/28/installment-buying-landed-me-in-jail/comment-page-1/#comment-1068004 hwertz Wed, 13 May 2009 23:14:45 +0000 http://blog.modernmechanix.com/?p=7669#comment-1068004 "Was there really even a problem with the TV or could she just not make the payment?" Probably problems. This was 1960, it was very likely a vacuum tube-based set, I think it was pretty normal for these to need the occasional repair. Having it break over and over is NOT typical.. but, given what I know about electronics repair in general, one common scenario for unsuccessful repair is: Find a faulty component and replace it. The unit works! But, if you don't check the voltage supplied to the component, it can be that the power supply's wacky, your voltage is off, and so the replacement component won't last long. In Wisconsin, it used to take two people to get someone committed. Any 2 people. My relatives got this changed about 40 years ago in Wisconsin (now it's got to be relatives at least.). My great grandmother, basically 2 guys showed up at her house one day, tossed her in a van and committed her, so they could try to sell her house. Some relative found where she'd gone to and got her out before the house had been sold. So yes, you could be thrown in the hatch for no reason back then. If her state's rules were like that, the creditors may have had her committed. “Was there really even a problem with the TV or could she just not make the payment?”
Probably problems. This was 1960, it was very likely a vacuum tube-based set, I think it was pretty normal for these to need the occasional repair. Having it break over and over is NOT typical.. but, given what I know about electronics repair in general, one common scenario for unsuccessful repair is: Find a faulty component and replace it. The unit works! But, if you don’t check the voltage supplied to the component, it can be that the power supply’s wacky, your voltage is off, and so the replacement component won’t last long.

In Wisconsin, it used to take two people to get someone committed. Any 2 people. My relatives got this changed about 40 years ago in Wisconsin (now it’s got to be relatives at least.). My great grandmother, basically 2 guys showed up at her house one day, tossed her in a van and committed her, so they could try to sell her house. Some relative found where she’d gone to and got her out before the house had been sold. So yes, you could be thrown in the hatch for no reason back then. If her state’s rules were like that, the creditors may have had her committed.

]]> By: Alan http://blog.modernmechanix.com/2009/04/28/installment-buying-landed-me-in-jail/comment-page-1/#comment-1067851 Alan Thu, 07 May 2009 17:08:37 +0000 http://blog.modernmechanix.com/?p=7669#comment-1067851 I'm afraid I cannot find any other cases involving hollywood finance nor are any of the cases involving someone named O'Hara in Florida relavent to this O'Hara. Perhaps it never got to another case? I imagine it might have settled out of court. Hopefully if there was a settlement it wasn't from using the same tactics they supposedly did before: "I expect you to drop the case against us before we drop you", etc. I’m afraid I cannot find any other cases involving hollywood finance nor are any of the cases involving someone named O’Hara in Florida relavent to this O’Hara. Perhaps it never got to another case? I imagine it might have settled out of court. Hopefully if there was a settlement it wasn’t from using the same tactics they supposedly did before: “I expect you to drop the case against us before we drop you”, etc.

]]> By: -DOUG- http://blog.modernmechanix.com/2009/04/28/installment-buying-landed-me-in-jail/comment-page-1/#comment-1067788 -DOUG- Mon, 04 May 2009 22:07:29 +0000 http://blog.modernmechanix.com/?p=7669#comment-1067788 It means the attorney for Shary O'Hara did not show up at the hearing, and the case was dismissed. Her attorney appealed, which might not have been necessary, that the strength or her case was such it should go to trial. The defense argued a dismissal is a dismissal. The appellate court decided to let the trial go forward on the strength of the complaint. Essentially, the court decision was that it was an important matter, and would have gone forward had the hearing taken place. Not an attorney here, but I think the suit could be refiled without overturning the dismissal. Maybe it would have taken longer, but I'm not sure why the appeal was necessary. Maybe the appeal substitued for the hearing that the attorney missed. I am so glad I'm not an attorney. However, if it should turn out this was a case famous enough for there to be a book, I guess I'd read it. If ANYONE can get further info on the case, I'm dying to know. It means the attorney for Shary O’Hara did not show up at the hearing, and the case was dismissed. Her attorney appealed, which might not have been necessary, that the strength or her case was such it should go to trial. The defense argued a dismissal is a dismissal. The appellate court decided to let the trial go forward on the strength of the complaint. Essentially, the court decision was that it was an important matter, and would have gone forward had the hearing taken place.

Not an attorney here, but I think the suit could be refiled without overturning the dismissal. Maybe it would have taken longer, but I’m not sure why the appeal was necessary. Maybe the appeal substitued for the hearing that the attorney missed.

I am so glad I’m not an attorney. However, if it should turn out this was a case famous enough for there to be a book, I guess I’d read it. If ANYONE can get further info on the case, I’m dying to know.

]]> By: Alan http://blog.modernmechanix.com/2009/04/28/installment-buying-landed-me-in-jail/comment-page-1/#comment-1067785 Alan Mon, 04 May 2009 16:29:00 +0000 http://blog.modernmechanix.com/?p=7669#comment-1067785 I'm not sure how much I'm allowed to reprint of the case using my university's access, but oh well: O'HARA v. HOLLYWOOD FINANCE CORP.: "OVERVIEW: Plaintiff complainant gave defendants, a corporation and an associated individual, notice of a hearing of defendants' motion to dismiss the complaint and each of its two counts for failure to state a cause of action. Plaintiff's attorney failed to appear at the hearing; and the judge entered the order of dismissal. Plaintiff's attorney filed a motion to set aside the judgment of dismissal explaining the reasons for his failure to attend the hearing, which was denied. On appeal, plaintiff's brief addressed the merits of plaintiff's complaint as tested by the motion to dismiss. Defendants' brief addressed the point that the dismissal was entered because of failure of plaintiff to prosecute by her attorney not attending his noticed hearing. The court treated the order to be one passing on the merits of the complaint as tested by the motion to dismiss. The court reversed the order dismissing the complaint because the complaint stated a cause of action in a case for malicious prosecution. OUTCOME: The court reversed the order dismissing plaintiff complainant's complaint because the complaint stated a cause of action in a case for malicious prosecution." Now can anyone tell me what that means? I have horrible at reading legal speak :(. I’m not sure how much I’m allowed to reprint of the case using my university’s access, but oh well:

O’HARA v. HOLLYWOOD FINANCE CORP.:

“OVERVIEW: Plaintiff complainant gave defendants, a corporation and an associated individual, notice of a hearing of defendants’ motion to dismiss the complaint and each of its two counts for failure to state a cause of action. Plaintiff’s attorney failed to appear at the hearing; and the judge entered the order of dismissal. Plaintiff’s attorney filed a motion to set aside the judgment of dismissal explaining the reasons for his failure to attend the hearing, which was denied. On appeal, plaintiff’s brief addressed the merits of plaintiff’s complaint as tested by the motion to dismiss. Defendants’ brief addressed the point that the dismissal was entered because of failure of plaintiff to prosecute by her attorney not attending his noticed hearing. The court treated the order to be one passing on the merits of the complaint as tested by the motion to dismiss. The court reversed the order dismissing the complaint because the complaint stated a cause of action in a case for malicious prosecution.

OUTCOME: The court reversed the order dismissing plaintiff complainant’s complaint because the complaint stated a cause of action in a case for malicious prosecution.”

Now can anyone tell me what that means? I have horrible at reading legal speak :( .

]]> By: Abdul Alhazred http://blog.modernmechanix.com/2009/04/28/installment-buying-landed-me-in-jail/comment-page-1/#comment-1067753 Abdul Alhazred Sat, 02 May 2009 19:09:07 +0000 http://blog.modernmechanix.com/?p=7669#comment-1067753 I seem to remember Sammy Davis Junior being better looking than that. I seem to remember Sammy Davis Junior being better looking than that.

]]> By: Jilly http://blog.modernmechanix.com/2009/04/28/installment-buying-landed-me-in-jail/comment-page-1/#comment-1067701 Jilly Thu, 30 Apr 2009 23:30:09 +0000 http://blog.modernmechanix.com/?p=7669#comment-1067701 I don't have access to Florida Case Law so I don't know how it turned out: O'HARA v. HOLLYWOOD FINANCE CORP., 163 So.2d 794 (Fla.App. 2 Dist. 1964) SHARY O'HARA, APPELLANT, v. HOLLYWOOD FINANCE CORPORATION, A FLORIDA CORPORATION I don’t have access to Florida Case Law so I don’t know how it turned out:

O’HARA v. HOLLYWOOD FINANCE CORP., 163 So.2d 794 (Fla.App. 2 Dist. 1964)
SHARY O’HARA, APPELLANT, v. HOLLYWOOD FINANCE CORPORATION, A FLORIDA CORPORATION

]]> By: Me http://blog.modernmechanix.com/2009/04/28/installment-buying-landed-me-in-jail/comment-page-1/#comment-1067674 Me Thu, 30 Apr 2009 03:07:40 +0000 http://blog.modernmechanix.com/?p=7669#comment-1067674 Do you really think this isn't happening every day even now? Ever had a debt collector threaten to send the Sheriff 'round if you don't pay? Sometimes they have connections and can make their threat come true. Do you really think this isn’t happening every day even now?

Ever had a debt collector threaten to send the Sheriff ’round if you don’t pay? Sometimes they have connections and can make their threat come true.

]]> By: Bob http://blog.modernmechanix.com/2009/04/28/installment-buying-landed-me-in-jail/comment-page-1/#comment-1067672 Bob Thu, 30 Apr 2009 01:50:07 +0000 http://blog.modernmechanix.com/?p=7669#comment-1067672 If this article was in a mainstream magazine of it's era, I might believe it. But this story, being in a scandal/girlie magazine like "Whisper", was probably completely made up or heavily embellished. If this article was in a mainstream magazine of it’s era, I might believe it. But this story, being in a scandal/girlie magazine like “Whisper”, was probably completely made up or heavily embellished.

]]> By: -DOUG- http://blog.modernmechanix.com/2009/04/28/installment-buying-landed-me-in-jail/comment-page-1/#comment-1067666 -DOUG- Wed, 29 Apr 2009 19:10:02 +0000 http://blog.modernmechanix.com/?p=7669#comment-1067666 Within the realm of possibility? Ever see 'The Changeling?' Into I think it was the eary '80's, in the State of California if you didn't have a picture ID walking down the street they could throw you in a mental institution, there were numerous news stories all the time until the the practice was outlawed. Collections, meanwhile, I worked in credit reporting, I know some history. Kidnappings, holding people for ransom, beatings, all sorts of things went on. There were indeed news stories as the article claimed. If you were just dying to be a criminal, collections was the opportunity to do so under the umbrella of the law. Didn't used to be hard to get someone arrested, and as was commented, if you're someone that lets things happed to you, it just kept happening. And to NOT punish you while you're in the system requires a cowardly bureaucrat admitting to making a mistake, so of course it snowballs. The laws passed spanned decades, motivated by things like this going on. So when someone tells their story, they often make it sound even worse. Was there really even a problem with the TV or could she just not make the payment? Broken winged perpetual victims twist things around the most. Hey, if all you can do is be afraid, that mouse really gets big in your mind. Almost as tall as the chair you're standing on. Did she really have pets that died? Well, animals had LESS rights than humans back then. Even if this is fictional, it is still quite believeable. All this happened all the time, whether or not the teller even existed for it to happen to. So what about Mike Tyson? Did THAT really happen? Within the realm of possibility? Ever see ‘The Changeling?’ Into I think it was the eary ’80’s, in the State of California if you didn’t have a picture ID walking down the street they could throw you in a mental institution, there were numerous news stories all the time until the the practice was outlawed.

Collections, meanwhile, I worked in credit reporting, I know some history. Kidnappings, holding people for ransom, beatings, all sorts of things went on. There were indeed news stories as the article claimed. If you were just dying to be a criminal, collections was the opportunity to do so under the umbrella of the law. Didn’t used to be hard to get someone arrested, and as was commented, if you’re someone that lets things happed to you, it just kept happening. And to NOT punish you while you’re in the system requires a cowardly bureaucrat admitting to making a mistake, so of course it snowballs. The laws passed spanned decades, motivated by things like this going on.

So when someone tells their story, they often make it sound even worse. Was there really even a problem with the TV or could she just not make the payment? Broken winged perpetual victims twist things around the most. Hey, if all you can do is be afraid, that mouse really gets big in your mind. Almost as tall as the chair you’re standing on. Did she really have pets that died? Well, animals had LESS rights than humans back then.

Even if this is fictional, it is still quite believeable. All this happened all the time, whether or not the teller even existed for it to happen to. So what about Mike Tyson? Did THAT really happen?

]]> By: Lisa http://blog.modernmechanix.com/2009/04/28/installment-buying-landed-me-in-jail/comment-page-1/#comment-1067659 Lisa Wed, 29 Apr 2009 15:52:20 +0000 http://blog.modernmechanix.com/?p=7669#comment-1067659 Jim Shoe hates the entire state of Florida because of something that happened 49 years ago? Neat! Thoughtful! Jim Shoe hates the entire state of Florida because of something that happened 49 years ago? Neat! Thoughtful!

]]> By: Paul http://blog.modernmechanix.com/2009/04/28/installment-buying-landed-me-in-jail/comment-page-1/#comment-1067658 Paul Wed, 29 Apr 2009 15:14:27 +0000 http://blog.modernmechanix.com/?p=7669#comment-1067658 Okay, If I were writing a short satire story on how one mistake lead to my demise in life this is exactly the kind of story I would write. The only difference is that I would add some proactive attempts on my part to make the story more realistic. Everthing in her story has happened in TV sitcom's or has been passed off as a real story in the scandal mags. Okay, If I were writing a short satire story on how one mistake lead to my demise in life this is exactly the kind of story I would write. The only difference is that I would add some proactive attempts on my part to make the story more realistic. Everthing in her story has happened in TV sitcom’s or has been passed off as a real story in the scandal mags.

]]> By: Jim Shoe http://blog.modernmechanix.com/2009/04/28/installment-buying-landed-me-in-jail/comment-page-1/#comment-1067657 Jim Shoe Wed, 29 Apr 2009 14:50:51 +0000 http://blog.modernmechanix.com/?p=7669#comment-1067657 This is exactly why I do and will always hate the entire state of Florida, I am praying global warming submerges the entire state under 20 feet of water. If I were this woman I would sue for millions of dollars This is exactly why I do and will always hate the entire state of Florida, I am praying global warming submerges the entire state under 20 feet of water. If I were this woman I would sue for millions of dollars

]]> By: Joker http://blog.modernmechanix.com/2009/04/28/installment-buying-landed-me-in-jail/comment-page-1/#comment-1067656 Joker Wed, 29 Apr 2009 14:23:54 +0000 http://blog.modernmechanix.com/?p=7669#comment-1067656 ...And what about her soon to be fiance - a dear friend of mine, a school teacher to whom I was about to become engaged - how come this guy did not lift a finger to help her? The whole story sound fishy... …And what about her soon to be fiance – a dear friend of mine, a school teacher to whom I was about to become engaged – how come this guy did not lift a finger to help her?

The whole story sound fishy…

]]> By: dculberson http://blog.modernmechanix.com/2009/04/28/installment-buying-landed-me-in-jail/comment-page-1/#comment-1067651 dculberson Wed, 29 Apr 2009 12:36:08 +0000 http://blog.modernmechanix.com/?p=7669#comment-1067651 It is a pretty hard pill to swallow. Has anybody found these newspaper articles that are mentioned?? It is a pretty hard pill to swallow. Has anybody found these newspaper articles that are mentioned??

]]> By: Thundercat http://blog.modernmechanix.com/2009/04/28/installment-buying-landed-me-in-jail/comment-page-1/#comment-1067650 Thundercat Wed, 29 Apr 2009 12:08:12 +0000 http://blog.modernmechanix.com/?p=7669#comment-1067650 Reading this it really sounds as if she is a person that just lets life happen to her. She doesn't take any action on her own and doesn't stand up for herself. The tv doesn't work during the three month warranty, RETURN IT! She doesn't have tv, but finance co. keeps hounding her, get a lawyer! Do something! Don't just keep hoping these situations will just go away! Reading this it really sounds as if she is a person that just lets life happen to her. She doesn’t take any action on her own and doesn’t stand up for herself.

The tv doesn’t work during the three month warranty, RETURN IT!
She doesn’t have tv, but finance co. keeps hounding her, get a lawyer!
Do something! Don’t just keep hoping these situations will just go away!

]]> By: Charlene http://blog.modernmechanix.com/2009/04/28/installment-buying-landed-me-in-jail/comment-page-1/#comment-1067641 Charlene Wed, 29 Apr 2009 06:02:08 +0000 http://blog.modernmechanix.com/?p=7669#comment-1067641 Is this even in the vaguest realm of possibility? Is this even in the vaguest realm of possibility?

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