I read a couple of pieces this morning that literally shocked me. Apparently in a few states the collection agencies have found creative ways to get around the rights of debtors. It’s easy really, you just file a lawsuit and ostensibly serve a notice to appear, then if and when they don’t show, voila, an arrest warrant. I could tell some stories regarding collection agencies, and maybe I will, but for now suffice it to say when we get calls here at work asking for our collection business, I’m uncharacteristically rude.
First I read this:
Take, for example, what happened to Robin Sanders in Illinois.
She was driving home when an officer pulled her over for having a loud muffler. But instead of sending her off with a warning, the officer arrested Sanders, and she was taken right to jail.
“That’s when I found out [that] I had a warrant for failure to appear in Macoupin County. And I didn’t know what it was about.”
Sanders owed $730 on a medical bill. She says she didn’t even know a collection agency had filed a lawsuit against her.
“We hear time and again from the legal aid lawyers who ultimately find out often about these people when they’re in jail that people didn’t even know there was a lawsuit against them, let alone a judgment had been entered,” Madigan told WBEZ. Her office is investigating agencies that may be abusing the law, and said judges need to be fully aware of debtors’ rights before such hearings.
Madigan said such practices could lead to modern-day debtors’ prisons, and the Illinois Department of Financial and Professional Regulation hopes to ban the practice altogether next year.
Arrest warrants for debtors are “flourishing statewide,” Madigan told the Wall Street Journal, but Illinois is not alone. The paper reports that judges in nine counties across the country have signed off on 5,000 debt-related warrants since 2010.
And then this:
With a slow economy, the number of debtors going to jail in Illinois is on the rise.
It’s illegal in Illinois to throw a debtor in jail for not being able to pay, but some creditors are getting around that. A collection agency can file a lawsuit which might require a court appearance. If the debtor doesn’t appear at the hearing, a warrant can be issued for their arrest.
Illinois Attorney General Lisa Madigan said in some cases, the court notices aren’t being served.
This one’s behind the WSJ paywall:
Illinois Attorney General Lisa Madigan, in an interview, vowed to push state-court judges to quash arrest-warrant requests by lawyers representing the fast-growing debt-collection industry. Ms. Madigan also said she will file enforcement actions against companies that “abuse” their power to seek arrest warrants under Illinois law.
“We can no longer allow debt collectors to pervert the courts,” said Ms. Madigan, a Democrat who took office in 2003.
Another WSJ piece I was able to read:
Earlier this year, Vanderburgh County, Ind., Superior Court Judge Robert Pigman asked Indiana’s highest court to review the legality of debt-related warrants after law-enforcement officials complained they can’t quickly access arrest orders for dangerous criminals because their computer system is clogged with debt cases. The Indiana Supreme Court hasn’t responded to the request.
In September 2009, Jeffrey Stearns, a concrete-company owner, answered a knock at the door from a Hancock County, Ind., deputy sheriff. The deputy was holding a warrant to arrest Mr. Stearns for not paying $4,024.88 owed to a unit of American International Group Inc. on a loan for his pickup truck.
After being handcuffed in front of his four children, Mr. Stearns, 29 years old, spent two nights in jail, where he said he was strip-searched and sprayed for lice. Court records show he was released after agreeing to pay $1,500 to the loan company. “I didn’t even know I was being sued,” he said, though he doesn’t dispute owing the money. “It’s the scariest thing that ever happened to me.”
Does anyone else find this as alarming as I do?
Filed under: Uncategorized | Tagged: collections, debtors prison, Lisa Madigan | 15 Comments »