Debtors’ Prisons, Then and Now: FAQ

[KamaAina]

https://www.themarshallproject.org/2015/02/24/debtors-prisons-then-and-now-faq

In 2011, Robin Sanders was driving home when she saw the blue and red lights flashing behind her. She knew she had not fixed her muffler, and believed that was why she was being pulled over. She thought she might get a ticket....

As she was booked and processed, she learned that she had been jailed because she owed debt — $730 to be precise, related to an unpaid medical bill. Unbeknownst to her, a collection agency had filed a lawsuit against her, and, having never received the notice instructing her to appear, she had missed her date in court.

Debra Shoemaker Ford, a citizen of Harpersville, Ala., spent seven weeks in the county jail without ever appearing in court. Her crime was a failure to pay the monthly fees mailed to her by a private probation company, called Judicial Correction Services. She was on probation because of a traffic violation.

In Benton County, Wash., a quarter of those in jail are there because they owe fines and fees. And in Ferguson, Mo., simmering anger with the police and court system has given rise to a pair of lawsuits aimed at the local practice of imprisoning indigent debtors.

[randys1]

1. This is a major component to the ALEC and Koch Bros operation.

While crushing the middle class is one thing, if the only consequences to not paying a bill is potential bankruptcy, too many of the peons will just do that.

Only the threat of imprisonment or starvation or both will get them to come around

[closeupready]

2. The irony is that the 1% got their way in removing federal bankruptcy protections for the 99%

- or rather, for a portion of the 99% which fails to meet arbitary benchmarks mandated by the bankruptcy reform act of 2005.

So I guess even THAT wasn't enough for them. They will never stop.

[randys1]

3. Oh lord no, they HATE working people, and I mean that sincerely.

The only working people they can tolerate are the ones who can be worked to death without uttering a sound of complaint.

[Nye Bevan]

4. Did I miss where the distinction between "criminal law" and "civil law" was abandoned?

I could have sworn that there used to be a time when the police did not involve themselves in civil matters. Whatever happened with that?

[pipoman]

6. They don't..usuallly...sounds like the first was charged with contempt

By the judge...police do enforce arrest warrants signed by judges...the second sounds like a probation violation....also criminal...

[Nye Bevan]

8. I thought that not showing up in a civil case simply meant a default judgment against you.

I didn't know it meant arrest. (Obviously I am not a lawyer).

[Sgent]

9. After the default judgement

the collector can try to collect the judgement. To do this, they can summon you to a deposition to list all your assets under oath. If you don't show up for the deposition, lie, etc. , you can be found in contempt by a judge and an arrest warrant issued.

If you show up and answer the deposition (even if the answer is I have no money and my income is below the state poverty level) then you cannot be arrested.

[pipoman]

10. I think it varies from state to state.

In my state failure to appear on a civil notice does, usually result in a default/summary judgement. Sometimes a notice to appear in a civil case is because the person has testimony germane to the civil case. Failure to appear for this can result in a contempt citation...pretty rare.

One case I was involved in was a guy who bought a new car and never made a payment. The dealership had cosigned the loan for the first year of the contract. The buyer refused to return the car voluntarily or tell the location of the car. He was served 2 or 3 times and failed to appear. The judge issued an arrest warrant. When he made his appearance the judge asked him where the car was, he refused to tell. The judge held him in contempt and jailed him until he told. He refused. The judge advised the dealers lawyer to file a criminal complaint for 'impairing a security interest'. The buyer never did tell and did 18 months and 5 years post release...

most states allow for post judgement collection including seizure of assets, garnishments, etc. Resistance to these orders can land one in jail.

Not enough info to really know...the first two may be justified from the limited info...

I'm not a lawyer either but have served thousands of court papers and spent a lot of time in courtrooms...

[pipoman]

5. The first one is failure to appear, not because of the debt..

Should result in summary judgment and post judgement collection...garnish wages, seize assets, etc. Not jail for contempt..

Sound as like the second one didn't fulfill the obligation of her probation and had to serve her time...thinking the "traffic violation" wasn't '5 over' to get a probation sentence...not exactly debtors prison..in the traditional sense..

I definitely think it is time for police reform and law reform eliminating any laws that punish victimless crimes with incarceration...

[Liberal_in_LA]

7. k&r