Jailed for $280: The return of debtors' prisons

[happyslug]

42. I do support actions, and you be surprise how much money comes up after an arrest

Yes, the person in Jail can NOT earn any money, but you be surprise how much money such a person can come up with once he or she is in jail. The same with fines and other debts collected by the Courts.

Some of this money comes from other relatives, some from employers who want the employee back on the job, but most from the employee who has been hiding the money from the Courts.

Now, I live in a state that prohibits arrest for debts, but does permit arrest for failing to obey Court Orders including Support Court Orders. Thus the Courts are used to collect such funds from such "debtors" even in a state like Pennsylvania that abolished Arrest for Debt in 1820. The Article mentions two types of debt, one owned to creditors, the other to the courts.

Both types of debts lead to problems, but two different sets of problems. The First is arrest for debt, i.e. arrest for owning money to someone OTHER then the State or a Court. In those states that permit arrest for debt it is a problem and appears to be the problem for the woman with cancer mentioned in the Article. The solution for that is simple, require the creditor to pay the Jail to Keep the debtor, no payment, the debtor is released. Cash up front. And in most states this can be done WITHOUT a change in the law, for that was the rule when you did have Debtor's prison. Someone had to pay for the prisoner being in jail and it was NOT a cost carried by the Jailer. The creditor can add the amount to the debt, but in most cases such debt can be abolished in Bankruptcy so NOT a problem. The above rule would kill arrest for debt in almost all cases. Creditors do NOT want to put up money, they want paid, thus rare for creditors to pay to jail someone and would remain rare if the Courts and Jail would demand payment up front before even arresting a debtor (From what I have read, it was to avoid Jailers being stuck with a food bill that Arrest for Debt was abolished in Pennsylvania as oppose to any desire to help debtors).

The Second type of debt, is NOT paying a fine or other Court Order. If the fine or other Court Order payment (Most often child support) the court has Jail is considered long over due by that time. Can this be abused? yes, but it is a power needed, I have seen to many parents avoid paying their child support and then coming up with the money once they are jailed to say it does not work. To much power to give to normal creditors, but in regards to criminal fines and Support, the best way to collect the money due.