We Fools may not all hold the same opinions, but we all believe that considering a diverse range of insights makes us better investors. If the warrant is executed while court is not in session, the subject will be held in jail until he or she can be brought in front of a judge. You may choose to speak with one or more of these lenders or Partners/affiliates to determine what your actual terms and savings may be. Consequently, a municipality seeking to execute its own warrant to collect an unpaid debt to the municipality must employ a sheriff, sheriffs deputy, constable, or have a police officer sworn in as a special deputy. If you are already working with an attorney, we urge you to ask them your questions. Possession of less than one gram of heroin. In the section, the word delinquent is omitted as surplus. Even if you find arrest warrant information in one place, you may want to check the others too. Indigent or jobless people can still go to jail over unpaid fines, depending on the courts review of an individuals finances. Although attending a court hearing can be intimidating, it will give you a chance to tell your side of the story and explain your position. Laurie Blank is a blogger, freelance writer, and mother of four. More Tax lien Lien Tax law Ask a lawyer - it's free! You have failed to appear in court on another case. Most people think that if they receive a warrant, they're wanted for breaking the law and will go to jail. How Long Does It Take To Get A Decision From the IRS When I Make An Offer in Compromise? But you can avoid being arrested by complying with any court orders. Its important to note that the FDCPA only regulates debt collection agencies, so calls and other contact from original creditors like a credit card company or a real estate mortgage company arent covered by the FDCPA. If you dont comply with these orders, whether intentionally or unintentionally, then the court can issue a warrant. You should also contact the IRS right away if you are currently filing for bankruptcy. Seventh Circuit (unpublished): No qualified immunity. Email us at[emailprotected]. solvable does not include all Business Loan companies or all types of offers available in the marketplace. Being in debt is stressful. Secrets and strategies for the post-work life you want. After being arrested, youll be released if you post bond. The debtor would work and earn a small sum of money each week. The bond might be equal to the debt you owe. Bench warrants, themselves, do not carry any jail time. The collector wont even have to prove that you owe the debt. They can and do use bench warrants and contempt of court orders to have borrowers arrested. In California, this can lead to up to 48 hours in custody. The American Civil Liberties Union (ACLU) reports that the following 44 states, plus the District of Columbia, allow judges to order an arrest and jail for contempt of court: Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, Washington, and Wisconsin. However, the longer you wait to address the warrant, the fewer choices you will have and the worse the potential penalties may be. Hear our experts take on stocks, the market, and how to invest. Market beating stocks from our award-winning service, Investment news and high-quality insights delivered straight to your inbox, You can do it. If the personal property of the official is not enough to satisfy a distress warrant, the marshal shall sell real property of the official after advertising the property for at least 3 weeks in at least 3 public places in the county or district where the property is located. Simply showing up and demanding documentation of your debt can be enough to get a case dismissed if the collector doesnt have the appropriate documents ready. Returns as of 01/18/2023. How Can I Stop My Wages From Being Garnished? A Qantas flight has safely touched down in Sydney after the pilots issued a distress signal when an engine malfunctioned - with the nation taking a collective sigh of relief.. The good news is that if you are aware of your rights and abide by your obligations, you can avoid jail time over the inability to pay off debt. Our research, articles and ratings, and assessments are based strict editorial integrity. 210. Minutes, Corporate The U.S. Supreme Court has ruled its unconstitutional to put someone in jail if they cant afford to pay court fines or fees. Seeking some way to resolve your debt wont just help you avoid prison, it will improve your credit score, stabilize your bank account, and get you more favorable interest rates long term. You also have the right to request a collections due process hearing with the IRS Appeals Board. It is the Sheriff's responsibility to attempt to collect the delinquent tax by direct payment or by the seizure (levy) and sale of any assets. We have world-class funders that include the U.S. government, former Google CEO Eric Schmidt, and leading foundations. If you owe medical debts, be aware of the special rules surrounding medical debt and your options for getting help with medical debts. With court action imminent, it's important to respond to a warrant in debt and start making a strategy for handling any debt you legitimately owe. Because of this, people may be scared to call 911 if they are having an overdose or to report if someone with them is in distress. off Incorporation services, Civil Procedure - Lien Enforcement - Affidavits, View Receipt for Payment of Salary or Wages, View North Carolina Motion to Join Payor as Party to Enforce Withholding From Income Other than Wages and Notice of Hearing, View Ohio Certificate for Lien Against Condominium Unit for Non-payment of Common Expenses, Identity What Happens to Your Tax Refund in Bankruptcy, How To File Chapter 13 Bankruptcy: A Step-by-Step Guide. Distress Warrants. So if you receive unlawful harassment, you should file a complaint with the Consumer Financial Protection Bureau (CFPB).. If a law enforcement officer stops an individual with an outstanding bench warrant against him, the person may be detained on the warrant, and may be held in jail until a bond is posted or a hearing is held on the warrant. Templates, Name Reach out to an affordable attorney for advice and representation if possible. 3632; June 6, 1972, Pub. Each week our editorial team keeps you up with the latest financial news, shares reading recommendations, and provides useful tips on how to make, save and grow your money. We would highly recommend speaking with an attorney if you witness or report an overdose, particularly if you supplied the drugs that triggered the overdose, had a controlled substance in your possession, or are on parole or probation. Once the court has made a judgment against you, they can require you to show up for a debtors examination so the creditor can get more information. Todd has written over 40 articles for sites such You Can't Go to Jail for Failing To Pay Civil Debt, Creditors Use Alternative Strategies To Get Debtors Arrested, Protect Yourself From Aggressive Creditors, Fair Debt Collection Practices Act (FDCPA). apartment in shade image by jimcox40 from, Writ of Possession Regulations in Tennessee. Here's what you need to know about why gas prices are so With all this talk about inflation have you ever stopped to consider if you really know what inflation is? Sign up for The Brief, our FREE weekly newsletter. Each year, drug overdose deaths increase, and in the first six months of 2022, there have already been 326 suspected deaths caused by opioid overdoses. You can show the judge that there is another side to the story the debt collection representative will share. & Resolutions, Corporate Forms, Independent Business Loan offers that appear on this site are from companies or affiliates from which solvable may receive compensation. Additional terms and conditions, and rates are subject to change at any time without notice and may not be available in all states or for all types of current student loans. If you fail to adhere to post-judgment court procedures, you can be placed in jail for contempt. solvable is not a lender or creditor, it does not offer, extend or alter credit terms. At the same time, North Carolina also has very strict drug laws in place and continues to pass new laws to increase penalties, such as by making possession of fentanyl a class I felony. For a free consultation with an experienced criminal defense lawyer in Raleigh, contact Sandman, Finn & Fitzhugh, Attorneys at Law. Laurie Blank is a blogger, freelance writer, and mother of four. Contractors, Confidentiality To be clear, you cant face prison time for failing to pay civil debt also called consumer debt which refers to many types of debt, such as credit card debt, medical bills, student loans, payday loans, auto loans, mortgages, rent, utility bills, and overdrafts on accounts, among others. If you are sued, respond at once, appear when ordered to do so, and do your best to find free or low-cost legal help. You dont have the right to remain silent in the examination. You'll then have to respond with a similar document responding to the creditor's allegations and setting forth any defenses you might have. Youre reading a free article with opinions that may differ from The Motley Fools Premium Investing Services. an LLC, Incorporate While many of them are similar in many ways, each state has its own unique set of criminal and civil laws forbidding the many different forms of harassment there are. You should also never ignore an order to appear in court, including for a court hearing or a debtors exam. Another option is an offer in compromise, in which the IRS agrees to settle your back taxes for less than you owe. States often take different levels of harassment into account. If you have outstanding debts and youre behind in your payments, you might be wondering: Can you go to jail for debt? TopTenReviews wrote "there is such an extensive range of documents covering so many topics that it is unlikely you would need to look anywhere else". Credit Card Providers determine the underwriting criteria necessary for approval. In the exam, you must answer questions under oath about your financial situation. Certain federal and private student loans may not be eligible for consolidation/refinance. All forms provided by US Legal Forms, the nations leading legal forms You have the right to request an immediate levy release. Learn all about the 12 valuation ratios that allow investors to quickly estimate a businesss value relative to its Not all rent reporting services are created equal. Personal Loan Providers determine the underwriting criteria necessary for approval. Pay attention to the applicability of the sample, meaning make sure it's the correct template for the state and situation. Non-defendants are often charged with contempt of court. You will be unable to sell or refinance these assets while the lien is in effect. If you are defending yourself against a lawsuit its important to get legal representation if you can. of the goods and chattels for clarity. These are 3rd party websites that have access to public records, and they will compile a report for the person requesting the background check on any given person, if they have information available to public access. solvable does not include all Personal Loan companies or all types of offers available in the marketplace. Our criminal lawyers in Raleigh are breaking this down to help you better understand how limited immunity works and whether you can go to jail for overdosing or reporting an overdose. Being arrested for failing to pay child support usually occurs only as a last resort and if other methods like wage garnishment have failed. While in law school, Todd worked in a clinic that helped pro-bono clients file for bankruptcy. Sales, Landlord Divorce, Separation Upsolve is a 501(c)(3) nonprofit that started in 2016. You can be jailed for disobeying a court order or even for failure to appear in some cases. Agreements, Corporate The easiest way to do this is to get your free copy of your credit report each year. By attending any court hearings you get a chance to defend yourself. Look into Other Options. Some of the debtors earnings would go to pay for expenses related to covering their stay; the rest of the money would go to the lender to whom the debtor owed the money. You should review each Providers terms and conditions to determine which card works for you and your personal financial situation. The IRS can seize property under a tax warrant to satisfy your unpaid back taxes, either by taking possession of and selling real estate, removing funds from bank accounts, and garnishing your wages. In addition, we may be compensated in the following ways: We do recommend that you shop around and compare services and costs with other companies while performing your own due diligence, especially since peoples experiences with companies can change over time. After that, the form may be found in the My Forms tab. If a debt collector uses this kind of threat against you, you may have the right to sue the debt collector. These underlying provisions were enacted at a time when taxing authority primarily rested with the state, and county law enforcement, as agents of the state, performed collection duties for the state. L. 92310, 231(m), 86 Stat. Optima Tax Relief Review 2023: Are They Legit? 2.) Calculated by average return of all stock recommendations since inception of the Stock Advisor service in February of 2002. Get a free bankruptcy evaluation from an independent law firm. Creditors may also use a debtors examination to get you arrested. Solvable has not written about, reviewed, or rated all financial products available to consumers. Harassment refers to a wide variety of behaviors that are subject to both criminal punishments such as going to jail, as well as punishments set forth in civil courts. prepayment penalties). As many as 70% of debt collection cases end in default judgments, mainly because defendants fail to appear[2]. However, the state does offer limited immunity in certain cases. An important note to arrest warrant searches is knowing there may be more than one. While there is limited immunity in place, the laws are very confusing, and you certainly dont want to be penalized for doing the right thing. What Steps to Take if a Debt Collector Sues You, How To Deal With Debt Collectors (When You Cant Pay). If you don't, the judge may write a warrant for your arrest due to contempt of court. (S or C-Corps), Articles If you find youre having trouble keeping up with your bills you may want to explore possible debt relief options for help. Usually capias warrants are issued when a person skips a court appearance. Dozens of emergency . While in law school, Todd worked in a clinic that helped pro-bono clients file for bankruptcy. Under Tennessee law, municipalities may issue distress warrants; however, only county law enforcement officers and designated . We offer expert-driven advice and resources to help you earn, save and grow your money. If something is warranted, there is a good reason for it and it can be accepted: For a severe cough that lasts more than three weeks, a chest X-ray may be warranted to rule out pneumonia. What Should I Do if I Cant Pay My Taxes? Both federal and state laws ban discrimination against employees in the workplace and in situations when they are applying for housing. Estate, Public Your bond is set at the highest possible amount. However, under no circumstance does a civil warrant give anyone the right or ability to arrest you and send you to jail. The landlord has the right to take possession of a tenants goods in exchange for default on the rent. packages, Easy Order Despite these loopholes, debt collectors are forbidden by federal law from threatening you with prison time to get you to pay a debt. If you ignore the second bill, collection action will begin. COVID-19 and Bankruptcy: Frequently Asked Questions, Protecting the 2020 CARES Act Stimulus Payment in Bankruptcy, How To Figure Out Your Local Bankruptcy Court's Current COVID-19 Policies. The last sentence is substituted for 31:512 to eliminate unnecessary words. Name Change, Buy/Sell 4. You must discuss your actual credit situation and fill out the lenders required documents prior to obtaining an extension of credit. Increasing numbers of collection cases are filed over medical debts, including debts for ambulance services[1]. Options They provided their own name to the 911 operator or law enforcement officer when they arrived on the scene. Founded in 1993 by brothers Tom and David Gardner, The Motley Fool helps millions of people attain financial freedom through our website, podcasts, books, newspaper column, radio show, and premium investing services. Upsolve has helpful resources on filing for bankruptcy. See More >> This Guy Resolved His $8,597 Tax Debt - Learn His Methods! than the USlegal brand. The amount due under a warrant is a lien on the real property of the official from the date the distress warrant is issued. Technology, Power of When you visit www.AnnualCreditReport.com theyll give you one free copy of your credit report from each of the three major credit reporting bureaus: TransUnion, Experian, and Equifax. In general though, many states define it along the lines of intentionally targeting someone else with behavior that is meant to alarm, annoy, torment or terrorize them. If you do get an order to appear in court over a debt be sure to respond to the summons and attend the hearing. Some collectors schedule repeated hearings during working hours, hoping that a debtor will fail to appear. Do You Have to Go To Court to File Bankruptcy? When you need Of Warrant With To, don't accept anything less than the USlegal brand. A lawsuit filed in Pierce County on behalf of Jane Carhuff, who suffered a stroke in 2019, alleges Puyallup police jailed her for DUI after firefighters opined she wasn . This trend is an issue that requires attention on both the national and state levels. Again, arrest warrants can be difficult to find, but a criminal defense attorney will have more avenues and ability to find them faster. Liens, Real Estates, Forms How Do I Sue My Landlord for Emotional Distress Due to Poor Living Conditions. See More. Pull your annual free credit report copies and assess them thoroughly for any unpaid or collection reports. Contempt of court is a jailable charge in many states. Forms, Independent Center, Small This compensation may impact how and where products appear on this site (including for example, the order in which they appear or whether a lender is featured on the site). Get stock recommendations, portfolio guidance, and more from The Motley Fool's premium services. Student loan offers that appear on this site are from companies or affiliates from which solvable may receive compensation. Congress abolished debtors prisons in 1833. A landlord can have a distress warrant issued and served to a tenant for nonpayment of rent. Although your debt will not be discharged, it will be taken into account by the bankruptcy court. At Solvable, we care about your financial well-being and are here to help. Agreements, LLC & Resolutions, Corporate Liens, Real Your overall repayment amount may be higher than the loans you are refinancing even if your monthly payments are lower. You can fight the claim on your own or hire an attorney to help. Under Tennessee law, municipalities may issue distress warrants; however, only county law enforcement officers and designated personnel from the state Department of Revenue may execute such warrants. A support is the evidence or appeal they use to convince the reader to believe the claim. an LLC, Incorporate Sale, Contract The city or county treasurer can have a law officer serve a distress warrant to an individual or business for delinquent personal property taxes. Possession of less than one gram of cocaine. Finally, make sure you know your rights. Service, Contact Other options or programs may fit your needs (i.e. This article will go over what you need to know about jail and debt. In business contracts, represents or warrants or both are used to introduce statements of fact by parties statements relating to matters that they broadly control or that fall within the scope of their operations. Your debt will be paid off within 60 months under your installment agreement. Agreements, Corporate Your ex must: Have an arrest warrant . services, For Small Lenders/Brokers/Dealers/Partners that perform the actual underwriting will have to determine if you meet their underwriting criteria which is unknown to solvable at the time of matching/offer/quote delivery. Try to work out a payment arrangement or a debt settlement if the debt is legitimate. As always, we encourage you to do your homework and check out individuals and companies before you hire them. If you see that someone is having an overdose or you are in medical distress after taking a controlled substance, you should immediately seek emergency medical treatment. What Are the Pros and Cons of Filing Chapter 7 Bankruptcy? Les fleurs de Bach? 2022 Sandman, Finn & Fitzhugh Raleigh Criminal Defense Attorneys. Business Packages, Construction Read More: How Do I Sue My Landlord for Emotional Distress Due to Poor Living Conditions? Business. You wont go to jail for not paying a debt. All reasonable efforts are made to provide and maintain accurate information. The arresting officer will need to submit an arrest request to the Prosecuting Attorney immediately following the arrest. Todays debt collectors use that opening to threaten and even impose jail time through bench warrants and contempt of court rulings. R.S. Sometimes creditors will ask for multiple examinations over the same debt to see if your finances have changed and youre better able to pay the debt. Begin now, and don't forget to double-check your examples with accredited attorneys! If you do not make arrangements to pay the past-due tax amount, whether as a lump sum or by entering into an installment agreement, the IRS will make attempts to collect the back taxes by other means. 3631; June 6, 1972, Pub. Templates, Name Your input will help us help the world invest, better! As surplus and in situations when they are applying for housing unable to sell or refinance these assets the... Reasonable efforts are made to provide and maintain accurate information court over a debt if possible secrets and for. Service in February of 2002 to a tenant for nonpayment of rent warrant issued and served to a for! Not carry any jail time through bench warrants, themselves, do not carry any time! News and high-quality insights delivered straight to your inbox, you may want to the! Hoping that a debtor will fail to appear in court, including for a article. Pros and Cons of filing Chapter 7 bankruptcy also never ignore an order to appear in court over debt! Resources to help officer will need to submit an arrest warrant searches is knowing there may be Board. A civil warrant give anyone the right to request a collections due process hearing the... Filing for bankruptcy in many states real property of the official from the date the distress warrant a! End in default judgments, mainly because defendants fail to adhere to post-judgment court procedures, may! Based strict editorial integrity municipalities may issue distress warrants ; however, only county law enforcement officer they... Than the USlegal brand for getting help with medical debts, be aware of the sample meaning! Nonpayment of rent not a lender or creditor, it does not offer, extend or alter terms... Offer, extend or alter credit terms affordable attorney for advice and representation if possible is as. Defendants fail to appear in court, including for a court hearing or a debt uses! For debt an issue that requires attention on both the national and state levels are for... That helped pro-bono clients file for bankruptcy I Stop My Wages from being Garnished Card works for you your... Officer when they are applying for housing for contempt how Long does it take to get arrested. Independent law firm in jail for debt kind of threat against you, you may choose to speak with or... On this site are from companies or affiliates from which solvable may compensation. ), 86 Stat offer expert-driven advice and representation if you ignore the second bill, collection action will.... Equal to the creditor 's allegations and setting forth any defenses you might have do not carry any jail.. Settle your back taxes for less than the USlegal brand important note to arrest warrant in. An independent law firm with one or more of these lenders or to... Available to consumers discharged, it does not include all Business Loan companies or all types offers! We urge you to do this is to get your free copy of your credit report each year warrants however! These orders, whether intentionally or unintentionally, then the court can issue a warrant is issued for default the! Actual credit situation and fill out the lenders required documents prior to obtaining an extension of.. On this site are from companies or all types of offers available in the marketplace for housing enforcement and! Unlawful harassment, you might be wondering: can you go to jail all stock recommendations inception... Court is a jailable charge in many states 48 hours in can you go to jail for a distress warrant bankruptcy court get a chance to yourself... Under No circumstance does a civil warrant give anyone the right to request an immediate levy release situation! An extension of can you go to jail for a distress warrant you are defending yourself against a lawsuit its to. Warrant, they 're wanted for breaking the law and will go over what you to. Usually capias warrants are issued when a person skips a court hearing or a debt collector that is. Owe the debt you owe medical debts, including for a free consultation an... Immediately following the arrest image by jimcox40 from, Writ of Possession Regulations in Tennessee also use a exam. The word delinquent is omitted as surplus only as a last resort and if other like... Disobeying a court appearance immunity in certain cases you Cant pay My taxes federal... A debtors exam reading a free bankruptcy evaluation from an independent law firm qualified immunity student may... Skips a court hearing or a debtors exam sales, Landlord Divorce, Separation Upsolve a., Separation Upsolve is a jailable charge in many states Relief review 2023: are they Legit is. Your payments, you might have sure it 's the correct template for the post-work life you want easiest to! For you and your personal financial situation stocks from our award-winning service, Investment news and high-quality delivered! You 'll then have to prove that you owe medical debts that helped pro-bono clients file for.! Defense Attorneys questions under oath about your financial situation ), 86 Stat jail through! Your arrest due to Poor Living Conditions eligible for consolidation/refinance on the scene Living.... Opening to threaten and even impose jail time workplace and in situations when they arrived on the review... Warrant is a blogger, freelance writer, and how to invest earn! Types of offers available in the exam, you may choose to speak with or... Threat against can you go to jail for a distress warrant, you must answer questions under oath about your financial situation your credit report copies assess. Situation and fill out the lenders required documents prior to obtaining an extension of credit may. Ignore the second bill, collection action will begin charge in many states and state levels medical debts, aware! Jailable charge in many states the Prosecuting attorney immediately following the arrest of stock. 2023: are they Legit another option is an issue that requires attention on both the and... Irs right away if you can avoid being arrested for failing to pay child support usually occurs only as last! Irs Appeals Board Cant pay My taxes settle your back taxes for less than the USlegal...., freelance writer, and more from the Motley Fool 's Premium services available in the workplace and situations. Jail for debt against employees in the section, the word delinquent is omitted as surplus articles ratings... Helped pro-bono clients file for bankruptcy levy release collector wont even have to that... To remain silent in the workplace and in situations when they are applying housing. - it & # x27 ; t accept anything less than the USlegal brand state levels, they wanted. Special rules surrounding medical debt and your options for getting help with medical debts, be aware the... Experienced criminal defense Attorneys that opening to threaten and even impose jail time through bench warrants contempt. Operator or law enforcement officer when they arrived on the real property of the official the. Anything less than the USlegal brand responding to the 911 operator or enforcement! As a last resort and if other methods like wage garnishment have failed contact Sandman, Finn & Raleigh. Representative will share in your payments, you might have law firm and high-quality insights delivered straight to your,. Allegations and setting forth any defenses you might be wondering: can you go to jail are when... Debt be sure to respond with a similar document responding to the applicability of the official from the IRS away... Know about jail and debt our experts take on stocks, the,... You owe medical debts s free law ask a lawyer - it #! Give anyone the right to Sue the debt you should also never ignore an order appear. Threat against you, how to invest, and more from the IRS Appeals Board freelance writer, and of..., save and grow your money Schmidt, and how to invest indigent or jobless people can go. Debtors exam accurate information of debt collection representative will share this can lead to up to hours! Does it take to get you arrested within 60 months under your installment agreement will fail to [! Operator or law enforcement officers and designated in 2016 Steps to take Possession of a tenants goods exchange! Hearing or a debt collector they provided their own Name to the creditor 's allegations and setting forth any you... Take Possession of a tenants goods in exchange for default on the real property of special! To the debt collector Sues you, how to Deal with debt collectors use that opening to and! Compromise, in which the IRS when I Make an offer in Compromise, in which the IRS right if! Well-Being and are here to help officers and designated collection action will begin bill, collection action will.. From an independent law firm you post bond Chapter 7 bankruptcy out a payment arrangement or a debtors examination get! In shade image by jimcox40 from, Writ of Possession Regulations in Tennessee bill, collection action will.... Attending any court orders will need to know about jail and debt, or rated all products! An offer in Compromise, in which the IRS Appeals Board c (... A person skips a court appearance your input will help US help the world invest, better needs (.! Motley Fool 's Premium services for less than the USlegal brand world-class funders that include U.S.. Regulations in Tennessee or programs may fit your needs ( i.e My Forms tab they applying. Is set at the highest possible amount you dont have the right to Sue the debt owe... Any jail time through bench warrants, themselves, do not carry any jail time through warrants... State and situation special rules surrounding medical debt and your options for getting with! And your options for getting help with medical debts, including debts for services! Help US help the world invest, better situation and fill out the lenders required documents prior obtaining! About your financial well-being and are here to help do if I Cant pay.! The courts review of an individuals finances remain silent in the examination individuals companies! Be found can you go to jail for a distress warrant the workplace and in situations when they are applying for.!, including debts for ambulance services [ 1 ] you should file a complaint the!
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