Single mother goes from traffic stop to bench warrant to jail over unpaid medical bill

[workinclasszero]

Single mother goes from traffic stop to bench warrant to jail over unpaid medical bill: 'It just isn't right'

By Jerry DavichContact Reporter Post-Tribune 2-23-19

Melissa Welch-Latronica had no idea why she got pulled over by a Valparaiso police officer earlier this month.

He informed her that she failed to affix her 2019 sticker to her license plate. She apologized and handed him her driver’s license. Then she waited, and waited.

She noticed a second police car pull up behind the first vehicle. This is when she began feeling anxiety while looking at the squad car’s flashers in her mirror.

“I have no felonies or anything on my record,” she recalled. “I didn’t know what was going on.”

The officer returned to her minivan and asked her step out of it. Why? There was a warrant for her arrest, she was told. It’s from a civil case in 2014 when she failed to appear in court for an unpaid ambulance bill.

Latronica, a single mother of three young children, was on her way to deliver important paperwork to a county agency, she said.

“Or else I could lose my home,” she told the officer.

“Sorry ma’am,” the officer replied.

Latronica was handcuffed behind her vehicle, which was impounded.

https://www.chicagotribune.com/suburbs/post-tribune/opinion/ct-ptb-davich-from-traffic-stop-to-outstanding-warrant-to-jail-st-0225-story.html

[leftofcool]

1. She didn't go to jail for the bill but rather for not answering a summons to court

You can not ignore a summons. All she had to do was go to court, tell the judge she couldn't pay the bill, there would be a judgement against amount of dollars and she would have gone home.

[workinclasszero]

3. In any other civilized country that gives a shit about its citizens

she wouldn't have had the bill in the first place!

And how would she know that anyway? Hire a lawyer?

What a fucking joke this country is for the working poor!

Hell theres democrats running for the presidential nomination at this moment that still say, sorry can't do Medicare for all...SUCKERS!

[treestar]

9. This is true, and part of the lack of civics and the education system

Too many people think they can just ignore a summons.

[kcr]

14. It is not part of a lack of civics and the education system

But rather a lack of history education on the part of those who think this is merely an issue of missing a summons.

[Jersey Devil]

10. They don't issue warrants for failure to appear in civil cases

If you fail to appear in a civil case a judgment is entered against you by default but never, ever would there be a warrant issued for your arrest. Something is screwy about this story.

[FBaggins]

11. Sure they do

The judge doesn't need your presence in order to enter a default judgment. If you don't show up, there's no need to arrest you... you just don't get to defend your position.

But after that judgment comes an analysis of what you can afford to pay and/or what assets you have that can be attached/taken. The court needs information from you in order to do that and thus will compel you to appear.

[Jersey Devil]

12. I just said that

If you don't show up for trial there is a default entered, but no arrest warrant is entered ever.

If there are discovery proceedings like a deposition after trial and you don't show up it would require an application to the court to have an arrest warrant issued. Thus, you would have to fail to appear at least 3 times (for trial, for the discovery proceeding and then for the application for a warrant) before any arrest would be ordered. That's why the story is misleading. It attempts to make it appear she simply didn't show up for a civil case.

[FBaggins]

13. Not exactly

Those are all "civil cases". If the court compels you to appear (e.g., a citation to discover assets) and you don't show up, there absolutely could be a bench warrant issued. In some areas, it might take a third hearing (potentially a contempt hearing)... but that is by no means always the case.

[tymorial]

2. I don't really understand the bench warrant in a civil case

Perhaps one of the lawyers can weigh in but isn't it typical for the judge to issue a default judgment for the plaintiff in a case of failure to appear? Why the bench warrant?

[FBaggins]

5. The warrant was likely after the judgement

A default judgement probably occurred and then the creditor wanted to know what, if any, assets there were that they could go after and where you work. The court needs you there for that... thus the bench warrant when you fail to appear.

[treestar]

6. I agree. Don't know what state it was in

But generally it would be a default judgment. I have heard of it for domestic relations. But for this? That state is crazy.

[ChoppinBroccoli]

8. Different States Are Different, But........

..........I know that here in Ohio, a Judge would never issue a warrant on a civil case unless the person was served in some provable way (like by process server or certified mail that she signed for). And you're right, failure to answer a complaint WILL result in a default judgment, but this was probably something like a judgment debtor exam, where the debtor's appearance is compelled. And again, in Ohio, you have to get personal service (via process server) on the debtor in order to get a warrant if they fail to appear. There would not be a situation where the person could argue, "I didn't know about it."

All that being said, it really is becoming frightening how we're inching our way closer and closer to the return of debtors' prisons. One of the things I will never understand is the average person's undying love for the rich in this country. I STILL run into people to this day who are upset about their dwindling tax returns, yet will still argue that the ultra-rich NEEDED those tax returns to "help the economy."

Want a ridiculous example? I have a friend who is one of those listen-to-Rush-Limbaugh-every-day types, and loves to repeat talking points, but doesn't really understand them enough to argue them when pressed (which is why he stopped trying to argue with me, because he would always get upset--he could repeat the talking points, but wasn't "instructed" on how to defend them). He was working as a teacher in one of the poorer public school districts in the area, and that school district had a levy on the ballot. The school district made it quite clear that if the levy didn't pass, they would have to start laying off teachers, and since he was one of the newest teachers there, he'd be one of the first to go. When he called me the evening of the vote, I sarcastically asked him how he voted on the levy, and I was shocked when he told me he voted no. When I asked him, "WHY?!?!?!", he replied, "My taxes are high enough." This is the level of idiocy and brainwashing we're dealing with. Voted himself out of a job just because Rush Limbaugh told him all taxes are bad.

[Mr. Quackers]

4. I'm a poor person

who has to move a lot, it seems.

A summons can get lost in the shuffle. How can you address something you can't pay for or don't know about if you never got the summons?

I have more than a million dollars in medical debt due to a catastrophic illness, I guess they'll just have to put me under the jail.

[workinclasszero]

7. In many countries of this world you would owe nothing

It's sickening what goes on in the USA.

Everything for the billionaires/big business/military and a baseball bat in the face for everyone else!