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Thread: As economy flails, debtors' prisons thrive

  1. #1
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    As economy flails, debtors' prisons thrive

    Some states apply "poverty penalties," such as late fees, payment plan fees and interest, when people are unable to pay all their debts at once. Alabama charges a 30 percent collection fee, for instance, while Florida allows private debt collectors to add a 40 percent surcharge on the original debt. Some Florida counties also use so-called collection courts, where debtors can be jailed but have no right to a public defender. In North Carolina, people are charged for using a public defender, so poor defendants who can't afford such costs may be forced to forgo legal counsel http://www.cbsnews.com/8301-505143_1...risons-thrive/
    http://www.acluohio.org/wp-content/u...ope2013_04.pdf

  2. #2
    Campaign Veteran skidmark's Avatar
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    Some Florida counties also use so-called collection courts, where debtors can be jailed
    Citation, please.

    stay safe.
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  3. #3
    Regular Member Freedom1Man's Avatar
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    This has been done to NPC fathers for YEARS all over the country.
    Provision for free medical attendance and nursing, for clothing, for food, for housing, for the education of children, and a hundred other matters, might with equal propriety be proposed as tending to relieve the employee of mental strain and worry. --- These matters obviously lie outside the orbit of congressional power. (Railroad Retirement Board v Alton Railroad)

  4. #4
    Campaign Veteran skidmark's Avatar
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    Quote Originally Posted by Freedom1Man View Post
    This has been done to NPC fathers for YEARS all over the country.
    Jailed for arreas in child support does not seem to be the subject of the OP's post. Among other things, that is done in J&DR courts, not
    so-called collection courts.
    Further, the OP's post addresses the jailing of presumed indigent persons for failure to have paid a civil or criminal fine, in defiance of a SCOTUS ruling that a person who is indigent cannot be jailed for having failed to pay an otherwise legally levied fine simply because they do not have the money to pay the fine. Those folks are not being jailed over debts but for either civil or criminal contempt of court - and in the IP's cited article the ACLU in OHIO is objecting to that. The OP suggests there are "collection courts" in FLORIDA where folks are being incarcerated for failing to pay (unspecified) debts as opposed to unpaid civil/criminal contempt fines.

    I am still waiting for the OP to provide a citation documenting that assertion. What I have found http://www.ninthcircuit.org/about/di...lection-court/ is
    that Collections Court reflects the commitment of the Judges of the Ninth [Florida] Judicial Circuit to the public to see that those who can pay will pay.
    Nothing about those who cannot pay being sent to jail. Nothing about those who have not yet paid being made to pay up on the spot or go to jail. Lots about setting up payment schedules.

    Vastly different, and not, as I can see, supporting the OP's assertion.

    stay safe.
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

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  5. #5
    Regular Member Lord Sega's Avatar
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    I second Skid,

    My Ex could have gotten jail, but it was changed to probation & community service.
    Not for failing to pay child support or back child support, but for failing to follow the court's instructions from her previous appearance in court.
    IE failing to look for a job, failing to report monthly (on time or at all) to child support services to show that she was looking for a job, and to make minimum child support payments.

    It was contempt of court, not having the debt (although the debt put her in front of the court in the first place).
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