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http://www.dailyfinance.com/2012/08/30/debtors-prison-is-back-and-just-as-cruel-as-ever/ http://www.dailyfinance.com/2012/08/30/debtors-prison-is-bac... In thi
by Lawtonfogle 11y ago
http://www.dailyfinance.com/2012/08/30/debtors-prison-is-back-and-just-as-cruel-as-ever/ http://www.dailyfinance.com/2012/08/30/debtors-prison-is-bac...
In this case a debt leads to a recurring pay or appear judgment that requires a monthly court appearance if payment cannot be made, and the arrest is made for failing the court appearance and not failing the payment. Close, but not exactly what I wanted.
https://www.themarshallproject.org/2015/02/24/debtors-prisons-then-and-now-faq#.c4TnCBecz https://www.themarshallproject.org/2015/02/24/debtors-prison...
In the opening, it is medical bill instead of loan and once again failure to appear, but given that the individual wasn't notified they had to appear it is once again pretty close. But later on it gives this line:
>or if the judge deems that the debtor is “willfully” not paying the debt, the judge may write a warrant for the debtor’s arrest on a charge of “contempt of court.”
So if the judge thinks the person can pay and they don't, they go to jail. It also brings up the 1983 case of Bearden v. Georgia which does allow imprisonment if the person is judged unwilling, but not unable, to pay. Do we assume the court is 100% perfect in these judgments?
>http://www.startribune.com/in-jail-for-being-in-debt/95692619/ http://www.startribune.com/in-jail-for-being-in-debt/9569261...
Took a little searching because of all the websites focusing on debt resulting from anything criminal (I was purposefully not bringing up those results).
>In Illinois and southwest Indiana, some judges jail debtors for missing court-ordered debt payments. In extreme cases, people stay in jail until they raise a minimum payment. In January, a judge sentenced a Kenney, Ill., man "to indefinite incarceration" until he came up with $300 toward a lumber yard debt.
>In Minnesota, judges have issued arrest warrants for people who owe as little as $85
>Three debt buyers -- Unifund CCR Partners, Portfolio Recovery Associates Inc. and Debt Equities LLC -- accounted for 15 percent of all debt-related arrest warrants issued in Minnesota since 2005, court data show. The debt buyers also file tens of thousands of other collection actions in the state, seeking court orders to make people pay. The debts -- often five or six years old -- are purchased from companies like cellphone providers and credit card issuers, and cost a few cents on the dollar. Using automated dialing equipment and teams of lawyers, the debt-buyer firms try to collect the debt, plus interest and fees. A firm aims to collect at least twice what it paid for the debt to cover costs. Anything beyond that is profit.
All in all, it does seem the majority of cases I found were for failure to appear to a hearing (even though this could be caused by not being notified of a hearing or being required to repeatedly attend hearings and eventually missing one), but as the article points out that in a few places they don't even need that formality.
- morgante 11y agoSome of these articles are unclear, but it seems that most of them continue to miss the nuanced difference between jailed for failing to pay a debt and failing to respond to a court summons. The Minnesota cases seem to be the latter—people arrested for failing to come to a court hearing. The fact remains that prison for debt is illegal in the United States and you are astronomically unlikely to ever end up arrested for debts (especially if you always respond to summons). It seems that in the rare cases where someone actually is arrested in connection with debt they are in for a day or two at most. There are serious problems with law enforcement in this country (civil asset forfeiture, rampant abuse of power, etc.) but I don't think debtor's prisons are one of them. People aren't rotting away in jail for unpaid debts.