Mother Forced To Pay $700 Over Bounced $30 Check For School Lunches

[dmcowen674]

10-8-2014

http://thinkprogress.org/economy/2014/10/08/3577468/debt-collectors-school-lunch-mom/

Mother Forced To Pay $700 Over Bounced $30 Check For School Lunches



$700 might seem like a lot to pay for 10 school lunches, but that’s what debt collectors and a county court in Washington are demanding from Dr. Christina Johnson-Conley after her $30 check bounced last year.


The mother of two says she was never served with court paperwork and did not know that the debt had been brought to court


School district officials say they tried twice to reach Johnson-Conley by mail before giving up and selling her debt to Grimm Collections, a private debt collector in the area. Grimm eventually took her to court, where a judge ruled that she would have to pay $535 to clear the debt. With interest, court costs, Grimm’s own fee, and other fees added in, Johnson-Conley’s total tab is $695. Her wages are being garnished as part of a subsequent court order.



Several states have begun to allow people to be jailed over debts.

 

[dmcowen674]

Was there a Debtors Prison Amendment passed recently?

 

[master_shake_]

'murica

what the fuck...

 

[MomentsofSanity]

Was there a Debtors Prison Amendment passed recently?

Don't need one. They aren't being jailed for having debt. Because they had debt? Sure easy case to argue. But not just for having debt.

 

[Oldgamer]

If you read the article that the OP linked you will see that in states many Judges do not know the law regarding debtors prison. A federal court actually had to go after several Judges in a state where the judges were not giving people credit for time in jail toward debt owed on court fees, or fines for minor crimes. Also it is becoming a huge problem right now with private companies (particularly the privatized probation companies) who are racking up fees beyond what most normal people can pay even though they may have already paid their fines and did their time in jail. Here is one case where a Judge ruled that this woman had been locked up illegally by a private probation company: http://www.yesmagazine.org/peace-justice/a-modern-day-debtors-prison

Here is another link where private company in Texas was jailing indigent teens for school fines and truancy fees that the kids were unable to pay: http://www.aclutx.org/2012/02/16/ac...llenge-to-hidalgo-county’s-“debtor’s-prison”/

Debtors prison is illegal in this country but these judges and these collection agencies are using loopholes by purposefully not getting summons to those people with outstanding medical bills so that they don't show up for court. In most of these states the civil courts normally handle debt cases like outstanding medical debt/credit card debt and if someone doesn't show up all they do is default a judgement against that person. But there are many states now that are so over burdened that they have taken these cases into the criminal court system. So the judge who normally handles the criminal cases issues a warrant for failure to appear when they should not because these are civil matters not criminal. Like I said a number of judges have gotten into trouble with the Federal courts for this crap.

But some states have started stripping away laws intended to protect people from the debtors prison and it is now a booming business.

There was a news article (I could have sworn I linked it here in ATOT) that talked about the underhanded tactics these collection agencies use to get people put into jail.
It said that if the collection agency who owns the debt is located in one state and the debtor in another state that the collection agency can issue a court summons for that person to appear in their state. Which of course most people may not have the financial means to fly or travel to another state. They know this.

To jail people for medical debt, or for credit card debt, or such matters should be illegal and I hope that more Federal Courts start hammering those judges in the lower courts from doing this. In addition we need to enact some laws that close the loopholes for collection agencies to do this.

 

[Ns1]

The mother of two says she was never served with court paperwork and did not know that the debt had been brought to court

if that was true should be pretty easy to get the judgement thrown out no?

 

[Oldgamer]

Don't need one. They aren't being jailed for having debt. Because they had debt? Sure easy case to argue. But not just for having debt.

In the case of the OPs article this woman had not committed any crime. So a Judge in a Civil Court should not be issuing a warrant for failure to appear on a civil matter. Generally a default judgement is given to the creditors. Then what generally follows is garnishment of employment wages or wiping out the person's bank account of any money owed. But the problem is that these lawyers who work for these collection agencies are not getting the summons to these people. There was a collection agency owner on Reddit not too long ago who publicly talked about how they would know someone had moved, but would send the summons to the old address. He/She even went so far as to say they wouldn't send anything at all and just say they did.

 

[Oldgamer]

I forgot to add this link where the Supreme Court went after some of these Judges in lower courts: Chief Justice O’Connor slams door on debtors’ prisons

Recently, the Ohio Supreme Court addressed the issue. The Supreme Court’s action is in direct response to a report released last year by the ACLU, “The Outskirts of Hope.” The report suggested the inability to pay a fine in Ohio is “the beginning of a protracted process that may involve contempt charges, mounting fees, arrest warrants and even jail time.”

In the wake of the report, Ohio Supreme Court Chief Justice Maureen O’Connor held a meeting with the ACLU and created a plan to draft and distribute new instructions to courts across Ohio. The Supreme Court issued new “bench cards” to all the state’s judges with different alternatives to jail for offenders unable to pay fines and court costs.

Unconstitutional

“Debtors’ prisons are not only unconstitutional, they are a cruel albatross that traps low-income people in a never-ending cycle of poverty, debt, and incarceration,” said ACLU of Ohio spokesman Mike Brickner. “We expect our courts to protect the vulnerable and seek justice. It is our hope that the Supreme Court of Ohio’s actions … have moved our courts closer to fulfilling that vision.”

Nearly 30 years ago, the U.S. Supreme Court ruled that courts cannot properly revoke a defendant’s probation for failure to pay a fine and make restitution, absent evidence that the defendant was willfully refusing to pay.

If a court initially determined a fine was the appropriate penalty for a crime, the court could not later imprison a person solely because he lacked the resources to pay the fine.

What were some Ohio judges doing?

A number of Ohio counties were jailing offenders because they were too poor to pay fines. That type of court action, besides being illegal, was also perpetuating an antiquated and draconian process — debtors’ prison.

Jail is not an option in Ohio for failure to pay court costs and restitution. The Ohio Supreme Court had ruled that fines are criminal sanctions, and costs and restitution are civil. Yet, according to the ACLU’s report, some Ohio counties regularly incarcerated people who failed to pay court costs.

Case law

The Ohio Constitution explicitly prohibits debtors’ prison, and the concept is further prohibited by statute and case law. The procedure is clearly defined in Ohio. Before jailing an individual for failure to pay fines, a judge must conduct a hearing where the individual is represented by counsel and has the opportunity to present evidence regarding her ability to pay the fine.

Despite those clear directives, Ohioans were regularly jailed for their inability to pay, and the Supreme Court had to intervene.

The new two-page bench card will change the way judges do business in Ohio. The law is clear; only a willful refusal to pay a fine that an offender has the ability to pay can result in jail time in Ohio.

Anything short of a willful refusal will be handled in accordance with the directives of the bench card. Methods authorized to collect a fine include payment plans, community service and attachment of personal funds among other options. Methods explicitly prohibited include contempt of court, forfeiture of confiscated money, and the extension of probation.

With regard to court costs, jail time is never an option but payment plans and community service, as with fines, are also available.

The Ohio Supreme Court’s fast action is an important step in shedding the state’s dubious distinction of imprisoning debtors.

------------------------------------

It is really scary when they have to print cards for Judges in a whole State and other States educating them on the laws of debtors prison.

 

[highland145]

..

 

[Oldgamer]

Could be the article and the OP....or not.

LOL you know what I meant..

 

[highland145]

LOL you know what I meant..

I changed it...()

 

[MongGrel]

The legally being able to garnish wages seems to be more rampant lately.

Hadn't really looked into it too deeply lately, but I think it's up to 10% of the US population having that happen atm.

Seems weird to me, even when unemployed the few short times in my life I've avoided things like that.

Used to take a court order, these days they can just do it.

The rich keep getting richer, gotta pay for those yachts etc, and it gets worse daily.



Gotta have something to sail on when Ebola goes catastrophic.

 

[Oldgamer]

The legally being able to garnish wages seems to be more rampant lately.

Hadn't really looked into it too deeply lately, but I think it's up to 10% of the US population having that happen atm.

Seems weird to me, even when unemployed the few short times in my life I've avoided things like that.

Used to take a court order, these days they can just do it.

The rich keep getting richer, gotta pay for those yachts etc, and it gets worse daily.



Gotta have something to sail on when Ebola goes catastrophic.

Here is info straight from the FTC.Gov website on the laws regarding this: http://www.consumer.ftc.gov/articles/0149-debt-collection

 

[MongGrel]

Not really worried about it myself, but it is info I guess.

From things I've read they in some circumstances they can do it automatically, you do not need to be contacted at all these days, or a judge involved was my point.

 

[highland145]

Here is info straight from the FTC.Gov website on the laws regarding this: http://www.consumer.ftc.gov/articles/0149-debt-collection

Unless you owe student loans...

SC does not have garnishments....sadly.

 

[Oldgamer]

Not really worried about it myself, but it is info I guess.

From things I've read they in some circumstances they can do it automatically, you do not need to be contacted at all these days, or a judge involved was my point.

According to the FTC website they have to have a judge sign off on any garnishments or wiping out a persons bank account. However, you should familiarize yourself with this in case someone you know or a loved one ever gets into a bad situation like this. Information and knowledge is power my friend. =)

 

[Oldgamer]

Unless you owe student loans...

SC does not have garnishments....sadly.

Yep sadly student loans are not exempt. But any federal benefits like Social Security, Veterans benefits, disability, SSI etc those are exempt from garnishment and collections. The only problem is that if a bank or debt collector does do this to someone they have to go to the Judge in the Court and prove with documentation that the money the debt collector is trying to take is in fact exempt. So it is still a hassle for some people who get caught up in this nasty business. You can also sue the debt collection agencies. Most people don't know they can sue for some of this crap.

 

[First]

lol Dave, your outrage is so pathetic and hollow.

 

[glenn1]

Completely unsurprised that Dave and the progressive set are taking the side of the deadbeat.

 

[First]

Completely unsurprised that Dave and the progressive set are taking the side of the deadbeat.

...says a real live deadbeat.