Debtor Court?

[flashl]

Arrests made for tardy bills

Maine — Fourteen people were plucked from their jobs or homes Thursday and escorted by a Hancock County sheriff’s deputy to Ellsworth District Court in order to settle severely overdue bills.

The Hancock County residents were part of the sheriff’s office annual debt regulation, designed to not-so-subtly encourage those with civil orders of arrest to pay the piper.

Civil orders of arrest are issued after a business files a small claim against someone who owes a debt for goods or services.

"It’s kind of the last straw for people," Hancock County dispatcher Dave Brady explained. "Chances are they’ve had several notices in the mail to pay or show up in court to discuss the matter. So it shouldn’t come as a surprise."

Brady said the people owe money on different bills, such as heating oil, electricity and trash removal. The amounts vary as well, he said.

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[TreasonousBastard]

1. Escorted to court to work out payments..

isn't nearly as bad as a default judgment and having your bank acount cleaned out and your wages garnished.

[Vinca]

2. Another year of King George and they'll be reopening the poor farms. nt

[CreekDog]

3. i don't think this is legal

the people are arrested (they are not free to not go) for a civil CLAIM against them. this is all prior to a court establishing that they are guilty of anything or prior to any actual charge being made against them.

there are laws against passing bad checks and so forth and violations of those can land you in prison. unless you are being accused of theft, there is no law against you for failing to pay a bill. there are "consequences" to not paying a bill, but arrest is not one of them.

what is worse is that they are being coerced/forced to accept payment schemes by the courts which unfairly levels the playing field against the accused. some of them may be juggling payments so that they can buy food, keep a roof over their heads, etc. and letting other ones slide --any rational person would do the same and courts shouldn't compel them to do otherwise because that is not the system that we have to settle debts.

the court and sheriff are acting beyond their legal authority here, i suspect the somebody will defend the rights of these people at some point.

[Maine-ah]

5. it's theft of services.

[CreekDog]

6. they are not being accused of theft

they have not been convicted of theft.

they are being brought to civil courts. if it were theft or alleged theft, they would be criminally liable.

does the law support your opinion?

[happyslug]

4. Civil Arrest for Debt is permitted under the common law.

But most states restrict it. My Home State of Pennsylvania abolished it in 1820. Check your state to see how "Civil Arrest" for debt is handled.

[CreekDog]

7. You can only be prisoned for "court ordered" debt

if you don't pay your utility bill, that's not court ordered debt, compared to say, child support which is.

the only exception to this is cases of fraud, but then that is a criminal matter.

the article states specifically that these people are being arrested and forced to come up with payment plans in a SMALL CLAIMS COURT which is a civil court. i don't even think they can be legally required to appear there. they may lose for not showing up but that would not land them in prison. (or it should not according to the law)

[happyslug]

8. Yes, in many states, "Arrest for Debt" still exists.

It is a remnant of the old debtor's Prison, a way to force people to pay they debts. Most states have abolished it OR restricted it, but it still exists. I am shock when I run across it but then I live in one of two states that prohibits Attachment of wages for debts (Except for Taxes, Child Support, Student Loans and some other minor debts).

The states that PROHIBIT attachment of Wages are Pennsylvania and Texas, the other 48 states permit such attachment.

Now, except for DC there are other protections for debtors, that MUST be recognized by the courts. These vary from state to state so check with a local attorney to learn most of them.

Example of Other Exceptions from Attachment:

1. Social Security Benefits, exempt by Federal law, in or out of a bank account
2. Personal Property Exemption, it is only $300 and a Bible in Pennsylvania, among the lowest in the country, most states have higher exemptions.
3. In many, if not all, states, you can not sell Marital property for the debt of one spouse. You can sell Marital property for the Debts of BOTH spouses, but not one spouse (In many state property held in "Joint Tenancy" is treated the same as Marital Property, while property held by "Tenancy in Common" CAN be sold for the debt of one co-owner, through in such cases the property must be divided between the other co-owners and the creditor of the Debtor.

[davsand]

9. I can't tell from the article if there is a judgment on these folks.

I know that in Illinois (along with several other states) there is provision for what we call a "body attachment" where they arrest debtors for failure to comply with court ordered payment plans on a debt. It is a contempt of court thing rather than just a collection proceeding. I honestly can't tell from the article of THAT is what they are talking about.

A lot of folks have NO legal representation when they go to court on a collection case and they can get forced into draconian payment plans that don't allow them to meet basic needs like food, medicine and shelter. In cases like that you either go to jail over a debt or you do without something you need to live. Medical debt is probably one of the most heinous uses of this, IMO, because nobody gets up in the morning and thinks, "Gee, I think I'll go blow 50K today on a heart attack and a couple of stents."

I have seen this method of collection used in everything from medical or dental debt to collecting on a bad check written to the local quickie mart. I find it creepy as hell that you can be jailed for failure to meet a payment plan that may have (literally) been forced on you by a judge and a collection attorney representing your creditor--and with the changes in the bankruptcy laws you can NEVER get away from it.



Laura

[happyslug]

10. No, I suspect this is just "Arrest for Debt".

Article from the 1911 Encyclopedia (Out of Copyright):

In civil cases in most of the states arrest for debt is abolished, except in cases of fraud or willful injury to persons or property by constitutional provision or by statute. One arrested under process of a federal court cannot be arrested under that of a state court for the same cause. There is no provision in the United States constitution as to imprisonment for debt, but congress has enacted (in Rev. Stat., s. 990) that all the provisions of the law of any state applicable to such imprisonment shall apply to the process of federal courts in that state. A woman can be arrested in New York for willful injury to person, character or property, and in certain other cases (Code, s. J53). The president, federal officials, governors of states, members of congress and of state legislatures (during the session), marines, soldiers and sailors on duty, voters while going to and from the polls, judges, court officials (1904, ioo N.W. 591), coroners and jurors while attending upon their public duties, lawyers, parties and witnesses while going to, attending or returning from court, and generally married women without separate property, are exempt from arrest.
http://www.1911encyclopedia.org/Arrest

Please note the above is an ENGLISH Encyclopedia from 1911, I would prefer a newer source AND an American source.

Many famous people have been subject to "arrest for Debts", Daniel Boone had such a warrant issued against him in 1798:
http://xroads.virginia.edu/~HYPER/HNS/Boone/chronology.html

Robert Morris was also subject to Arrest for Debt in 1800:
http://en.wikipedia.org/wiki/Robert_Morris_(merchant)

(There are people who said Robert Morris used his influence to have Congress to pass the First Bankruptcy Act to get out of Debtor's Prison, for when COngress passed in in 1800, he was one of the few people to use it before in was abolished in 1801).

A more modern subject of "Arrest for Debt":
Adam Clayton Powell had an arrest for Debt issued against him in the 1950s:
http://en.wikipedia.org/wiki/Adam_Clayton_Powell,_Jr.

[zorahopkins]

11. Right Out Of Dickens

This is right out of Dickens novel.

The power of the state being used to oppress people too poor to pay for the basic necessities of life.

Here we are, in the 21st century, and we are no better than 19th century England.

[happyslug]

12. If you read by previous post, England Abolished "Arrest for Debt" while Victoria was Queen

Which makes the abolishment of "Arrest for Debt" solidly in the 19th Century.

[flashl]

13. Americans will have to hold their collective breath when this crew get started ...

Private Debt Collection of Federal Taxes: House Passes HR 3056

"The private collection firms used by IRS were projected for fiscal year 2007 to bring in a gross of between $45.7 million and $65 million. The private employees ended up bringing in a gross of $32.13 million. All of those figures are before the employees are given the 21 percent to 24 percent bonus they receive for collecting the taxes."