Jail for Unpaid Debt a Reality in Six States (Strategic Default Pushback Watch)

On Friday, I put up a short post alerting readers to a PR campaign apparently just getting off the runway to impress the average American of his moral obligation to honor his debts. The rise of strategic defaults (and perhaps even more important, the increasingly positive coverage it is getting in the media and the blogosphere) is generating heartburn among the banking classes.

One of the tidbits we pointed to was a YouTube snippet of Peterson Institute spokesman David Walker speaking fondly of debtors’ prison and the need to “hold people accountable when they do imprudent things.” A couple of readers complained that I was being unfair, while others said they’d be happy to see the return of debtors’ prison as long at the executives at the TBTF banks were at the head of the queue.

Be careful what you wish for. Reader bill clued us in that people who fall behind on debt payments are being incarcerated in six states. While this is generally short-term, it is nevertheless a troubling development, since these are all involve private contracts and look to be an abuse of the court system. From the Minneapolis-St. Paul Star Tribune:

It’s not a crime to owe money, and debtors’ prisons were abolished in the United States in the 19th century. But people are routinely being thrown in jail for failing to pay debts. In Minnesota, which has some of the most creditor-friendly laws in the country, the use of arrest warrants against debtors has jumped 60 percent over the past four years, with 845 cases in 2009, a Star Tribune analysis of state court data has found.

Not every warrant results in an arrest, but in Minnesota many debtors spend up to 48 hours in cells with criminals. Consumer attorneys say such arrests are increasing in many states, including Arkansas, Arizona and Washington, driven by a bad economy, high consumer debt and a growing industry that buys bad debts and employs every means available to collect.

Whether a debtor is locked up depends largely on where the person lives, because enforcement is inconsistent from state to state, and even county to county.

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.

“The law enforcement system has unwittingly become a tool of the debt collectors,” said Michael Kinkley, an attorney in Spokane, Wash., who has represented arrested debtors. “The debt collectors are abusing the system and intimidating people, and law enforcement is going along with it.”

How often are debtors arrested across the country? No one can say. No national statistics are kept, and the practice is largely unnoticed outside legal circles. “My suspicion is the debt collection industry does not want the world to know these arrests are happening, because the practice would be widely condemned,” said Robert Hobbs, deputy director of the National Consumer Law Center in Boston.

Debt collectors defend the practice, saying phone calls, letters and legal actions aren’t always enough to get people to pay…..

Taxpayers foot the bill for arresting and jailing debtors. In many cases, Minnesota judges set bail at the amount owed.

In Minnesota, judges have issued arrest warrants for people who owe as little as $85 — less than half the cost of housing an inmate overnight. Debtors targeted for arrest owed a median of $3,512 in 2009, up from $2,201 five years ago.

Those jailed for debts may be the least able to pay….

The laws allowing for the arrest of someone for an unpaid debt are not new.

What is new is the rise of well-funded, aggressive and centralized collection firms, in many cases run by attorneys, that buy up unpaid debt and use the courts to collect.

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….

Todd Lansky, chief operating officer at Resurgence Financial LLC, a Northbrook, Ill.-based debt buyer, said firms like his operate within the law, which says people who ignore court orders can be arrested for contempt…

Few debtors realize they can land in jail simply for ignoring debt-collection legal matters. Debtors also may not recognize the names of companies seeking to collect old debts. Some people are contacted by three or four firms as delinquent debts are bought and sold multiple times after the original creditor writes off the account….

A year ago, Legal Aid attorneys proposed a change in state law that would have required law enforcement officials to let debtors fill out financial disclosure forms when they are apprehended rather than book them into jail. No legislator introduced the measure…

One afternoon last spring, Deborah Poplawski, 38, of Minneapolis was digging in her purse for coins to feed a downtown parking meter when she saw the flashing lights of a Minneapolis police squad car behind her. Poplawski, a restaurant cook, assumed she had parked illegally. Instead, she was headed to jail over a $250 credit card debt.

Less than a month earlier, she learned by chance from an employment counselor that she had an outstanding warrant. Debt Equities, a Golden Valley debt buyer, had sued her, but she says nobody served her with court documents. Thanks to interest and fees, Poplawski was now on the hook for $1,138….

She spent nearly 25 hours at the Hennepin County jail….

The next day, Poplawski appeared before a Hennepin County district judge. He told her to fill out the form listing her assets and bank account, and released her. Several weeks later, Debt Equities used this information to seize funds from her bank account. The firm didn’t return repeated calls seeking a comment.

“We hear every day about how there’s no money for public services,” Poplawski said. “But it seems like the collectors have found a way to get the police to do their work.”

Yves here. The story has many examples of people who were jailed, and more detail on the debt collectors.


Originally published at naked capitalism and reproduced here with the author’s permission.

One Response to "Jail for Unpaid Debt a Reality in Six States (Strategic Default Pushback Watch)"

  1. gsosbee   February 18, 2014 at 1:04 pm

    The dilemma facing civilized man is to either give in to primal instincts of self survival by active resistance, or to submit to corrupt and murderous authority ,allowing himself to be imprisoned, tortured and killed to avoid confrontation for the preservation of the *façade of peace. Thus, (as Wilson stated) men 'had better not speak above their breath' of how they intend to resolve this-the greatest issue of our time. Many men succumb to the first option and that delights the assassins in government (fbi/police)who benefit from the very violence that they incite/induce. Thus, the dignity of man is forever compromised by the evil men of usa government who force upon all of us the dilemma referenced above and keeps men in chains in order to preserve the inhumane system.