The Injustice of Modern Day Debtors Prisons

Ever had an overdue bill? You might have owed some late fees on your credit card, and when things got bad, it was turned over to a collections agency. It happens. Have you ever thought you'd actually get locked up for falling behind?

The Minneapolis-St. Paul Star Tribune reports that increasingly, Minnesotans are being thrown in jail for their debts. Several people with seemingly manageable debt were profiled for their recent story, shocked that they were arrested and even more bewildered when they spent a night or two behind bars. The Star Tribune also reports that warrants issued for people with unpaid debts have risen 60 percent in the past four years.

These debt warrants are often pursued by debt buyers with lawyers on staff. Most of the time, people aren't jailed for the actual money they owe; they're ordered to appear in court on a charge related to the debt and when they don't appear, a warrant is issued for contempt of court. While it may seem like folks should just pay attention and pay their dues, many people ignore notices from debt collectors simply because they don't recognize the name of the company seeking payment, as debts are often purchased from credit card companies or even other debt collectors.

Let's get one thing clear: debtors' prisons were outlawed in the U.S. in 1833 and with good reason. Technically, while you can still be imprisoned for unpaid debts, the practice is often considered unconstitutional unless you actually possess the means to pay.

Quite frankly, this entire process seems not only like an enormous waste of court resources (and taxpayer dollars); it seems that law enforcement and the judicial system are being manhandled by collections agencies instead of working for the people.

While the trend is disturbing, perhaps the most infuriating part of this story is that enforcement of these warrants varies so drastically from state to state. Where you live determines whether or not your creditor could make you spend a night in the slammer — or more, if you don't hand over the few hundred dollars you owe them. One Minnesota judge issued a warrant for a mere $85. How they expect you to come up with money while imprisoned is another issue, especially since some prisons are also thinking about charging for room and board.

There have been rumblings about this resurgence for a while. What scares me is how out of hand this could get before the abuses of debt collectors are reined in. Tell your state representatives to step up to defend debtors. One easy way is to let debtors fill out financial disclosure forms when they are apprehended rather than book them directly into jail. Everyone deserves to have their civil rights protected — especially the poor.

Photo credit: Lew57