022318-Debtreport 0

A Pound of Flesh
The Criminalization of Private Debt

A Pound of Flesh
The Criminalization of Private Debt
© 2018 AMERICAN CIVIL LIBERTIES UNION
Contents
Executive Summary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
How the Court System Is Used to Send Debtors to Jail. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
The Role of Civil Court Judges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Prosecutors and Debt Collectors as Business Partners. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
A System That Breeds Coercion and Abuse.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Key Recommendations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
A Nation of Debtors on the Financial Edge. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
The Debt-to-Jail Pipeline. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
State and Federal Laws That Allow the Jailing of Debtors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
When Judges Reflexively Issue Arrest Warrants for Debtors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
How Courts Use the Threat of Jail to Extract Payment.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Abuse of Contempt and the Unlawful Return to Debtors’ Prisons.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
For Debtors, the Trauma of Arrest and Jail. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
No Notice, No Evidence, No Attorney. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Violations of Right to Counsel When Liberty Is at Stake.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Partnerships Between Prosecutors and Check Collection Companies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
How Prosecutors Profit From Contracts With Check Collection Companies.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Abusive Practices in a Poorly Regulated Industry. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Violations of Federal and State Consumer Protection Laws.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Breaches of Fundamental Human Rights. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Recommendations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Acknowledgments.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Appendix I: Case Studies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Case Studies: Arrest Warrants and Jailing in Debt Collection Cases.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Medical Debts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Student Loans and Other Education Debts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Housing Debts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Household Debts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Credit Card and Other Consumer Debts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Auto Debts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Payday and Other High-Interest Loans. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Case Studies: Abuses by Check Collection Companies in Partnerships With Prosecutors. . . . . . 56
Appendix II: Federal and State Laws Authorizing the Arrest and Jailing of Debtors. . . . . . . . . . . . . . . . . . . . . 60
Appendix III: Documents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
Endnotes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
Executive Summary
1 in 3
An estimated 77 million Americans—one in three
adults—have a debt that has been turned over to
a private collection agency. Thousands of these
debtors are arrested and jailed each year because
they owe money. Millions more are threatened with
jail. The debts owed can be as small as a few dollars
and can involve every kind of consumer debt, from Americans has a debt
car payments to utility bills to student loans to
medical fees.1 These trends devastate communities
that has been turned
across the country as unmanageable debt and over to a private
household financial crisis become ubiquitous, and
they impact Black and Latino communities most collection agency.
harshly due to longstanding racial and ethnic gaps in
poverty and wealth.
1,000 cases in which civil court judges issued arrest
Debtors’ prisons were abolished by Congress in warrants for debtors, sometimes to collect amounts
1833 and are thought to be a relic of the Dickensian as small as $28. These cases took place in 26 states—
past. In reality, private debt collectors—empowered Arizona, Arkansas, California, Colorado, Florida,
by the courts and prosecutors’ offices—are using Georgia, Idaho, Illinois, Indiana, Kansas, Louisiana,
the criminal justice system to punish debtors and Maryland, Massachusetts, Michigan, Minnesota,
terrorize them into paying even when a debt is in Missouri, Nebraska, Ohio, Oregon, Pennsylvania,
dispute or when a debtor has no ability to pay. Rhode Island, Tennessee, Texas, Utah, Washington,
The criminalization of private debt happens when and Wisconsin—and Puerto Rico and the Northern
judges, at the request of collection agencies, issue Mariana Islands.
arrest warrants for people who failed to appear in
Even without arrest warrants, the mere threat of
court to deal with unpaid civil debt judgments. In
jail can be effective in extracting payment—even
many cases, the debtors were unaware they were
if that threat is legally unfounded. In the case of
sued or had not received notice to show up in court.
debts involving bounced checks, private collection
Tens of thousands of these warrants are issued companies now have contracts with more than 200
annually, but the total number is unknown because district attorneys’ offices that allow them to use
states and local courts do not typically track these the prosecutor’s seal and signature on repayment
orders as a category of arrest warrants. In a review demand letters. It’s estimated that more than 1
of court records, the ACLU examined more than million consumers each year receive such letters
4 American Civil Liberties Union
threatening criminal prosecution and jail time if they CASE STUDY
do not pay up. But review of company practices has
documented that letters often falsely misrepresent
Arrested for a student loan
the threat of prosecution as a means of coercing
debt
payments from unknowing consumers. In September 2015, Gordon Wheeler was
arrested by seven or eight U.S. Marshals at
his Texas home for failure to appear at the
U.S. District Court for the Southern District
How the Court System Is Used to of Texas. Wheeler was unable to show up in
Send Debtors to Jail court because he had just had open-heart
surgery. “You just coming over here serving
When Americans fail to repay financial obligations, me papers saying I got to show up and I just
creditors usually hire debt collectors to go after the told you I had open-heart surgery two or
debtors or sell the debts to companies that specialize three weeks ago…so I’m not a well man,” he
in collections. More than 6,000 debt collection firms said. The original $2,500 federal student
loan he obtained to pay for trucking school
operate in the United States, collecting billions of
in 1983 had mushroomed into $12,000 with
dollars each year.2 interest and fees. Wheeler is retired and
subsists on Social Security and disability,
These collectors flood small-claims and other state
and says he cannot pay it, noting, “You can’t
courts with lawsuits seeking repayment. Millions squeeze blood out of a turnip.”5
of collection lawsuits are filed each year in state and
local courts that have effectively become collectors’
courts. The majority of cases on many state court
also ask courts to require defendants to be in court
dockets are debt collection suits,3 and in many state
for post-judgment proceedings. At these proceedings,
courts, debt purchasers file more suits than any other
often called “judgment debtor examinations,”
type of plaintiff.
defendants are required to answer questions about
Debt collection lawyers can file hundreds of suits a their wages, bank account balances, property, and
day, often with little evidence that the alleged debt assets. Debt collectors use these responses to take
is actually owed.4 Once a lawsuit is filed, the process other steps to collect on the judgment.
is stacked against defendants, the overwhelming
If the debtor does not appear in court for the
majority of whom are not represented by an attorney.
judgment debtor exam, creditors can ask the judge
And collectors have a big advantage in small-claims
to issue a civil warrant for the debtor’s arrest. In
courts, which provide very limited due process
the cases the ACLU documented, debtors failed to
protections to debtors.
appear at hearings for various reasons, most often
Many courts churn through collection lawsuits with because they did not receive notification of the court
astonishing speed and little scrutiny. Over 95 percent date or even of the existence of the lawsuit. Some
of debt collection suits end in favor of the collector, were unable to appear because of work, child care
usually because alleged debtors do not mount a responsibilities, lack of transportation, physical
defense. In many cases, defendants did not know they disability, illness, or dementia. We found two cases
had been sued. And, of course, collectors have little in which debtors missed hearings because they were
incentive to give proper notice to the defendants. terminally ill and died shortly after warrants were
issued for their arrest.
Once a collection company has won a judgment, it has
multiple methods to collect the money owed. It can
seek to have a defendant’s paycheck or bank account
garnished, seize their cars or other personal property,
or record a lien against their property. Creditors can
A Pound of Flesh: The Criminalization of Private Debt 5
The Role of Civil Court Judges when police officers came to their home because
of an incident involving another family member
State court judges have the power to order the or when they were witnesses to a crime and the
debtor’s employer to garnish the debtor’s wages and police discovered the warrant after obtaining their
authorize a sheriff to seize the debtor’s property. identifying information. In other cases, debtors with
In 44 states, judges—including district court civil warrants issued against them were arrested when
judges, small-claims court judges, clerk-magistrates, law enforcement conducted a sweep of all residents of
and justices of the peace—are allowed to issue arrest public housing who had outstanding warrants for any
warrants for failure to appear at post-judgment reason.
proceedings or for failure to provide information
about finances. These warrants, usually called “body These arrests impose real costs on the courts and
attachments” or “capias warrants,”6 are issued on the jails in time and resources. But the damage these
charge of contempt of court.7 In some cases, debtors arrests do to debtors—including those whose debts
are threatened with jail for contempt of court if they are disputed—in terms of lost wages, lost jobs, and
do not pay or agree to payment plans. psychological distress can be enormous. Arrest
warrants, even if they don’t result in jailing, can
Once arrested, debtors may languish in jail for cause long-lasting harm because such warrants
days until they can arrange to pay the bail. In some may be entered into background check databases,
cases, people were jailed for as long as two weeks. with serious consequences for future employment,
Judges sometimes set bail at the exact amount of the housing applications, education opportunities, and
judgment. And the bail money is often turned over to access to security clearances.
the debt collector or creditor as payment against the
judgment.
Many of those arrested said they had no idea a Prosecutors and Debt Collectors as
warrant had been issued for their arrest. They Business Partners
learned of the warrant only when police pulled them
over for a broken taillight or traffic violation and Local prosecutors have no role in civil debt collection
the warrant showed up in computer records. Some lawsuits. But they have a central role when it comes
were arrested at home in the middle of the night or at to money owed due to bounced checks. Every state
their workplace. In some cases, people were arrested has criminal laws dealing with bad or bounced
checks, and prosecutors are required to review these
cases to determine if they are subject to prosecution.
The ACLU has Unfortunately, in many places, district attorneys
seeking to get these cases off their desks and divert
found cases in which defendants from court have decided to hand over
threatening letters enforcement to private collection companies, even

when no crime has been committed. These companies
were sent for bounced face a conflict of interest when issuing repayment
demand letters because they profit when an unwitting
checks as low as recipient pays up in response to a false threat of
$2.00
prosecution.
Private debt collectors have entered into hundreds

of partnerships with local district attorneys’ offices
to get people to pay on bounced check claims, under
threat of prosecution. Some collectors with these
contracts send letters on the district attorney’s
letterhead to threaten people with criminal check demand letters, can frighten people into paying
prosecution, jail, and fines—even when the prosecutor money that may not even be owed. Few tools are as
hasn’t reviewed the case to see if a criminal violation coercive or as effective as the threat of incarceration.
occurred. For example, one 75-year-old woman subsisting on
$800 monthly Social Security checks went without
The companies collect not only restitution for the her medications in order to pay the fees she believed
unpaid check, but also nearly always tack on a variety were required to avoid jail time for bouncing a check.
of fees, including fees to attend a diversion program And as one lawyer in Texas, who has sought arrests of
run by these same companies, usually a class on student loan borrowers who are in arrears, said, “It’s
financial responsibility for which the check writers easier to settle when the debtor is under arrest.”10
may have to pay more than $200, which may be far
more than the value of the bounced check. Some The people who are jailed or threatened with jail often
portion of these fees, depending on the contract, is are the most vulnerable Americans, living paycheck
then funneled to the district attorneys’ offices. to paycheck, one emergency away from financial
catastrophe. In the more than 1,000 cases reviewed
Few, if any, of the bounced checks that trigger by the ACLU, many were struggling to recover after
threatening collection letters qualify for criminal the loss of a job, mounting medical bills, the death of a
charges. In the vast majority of cases, check writers family member, a divorce, or an illness. They included
have inadvertently bounced checks without criminal retirees or people with disabilities who are unable to
intent, or the amount of the bounced check was work. Some were subsisting solely on Social Security,
too low to warrant prosecution. The ACLU found unemployment insurance, disability benefits, or
cases in which threatening letters were sent for veterans’ benefits—income that is legally protected
bounced checks as low as $2, clearly too low to meet from outstanding debt judgments.
the criteria for criminal prosecution. Paul Arons, a
lawyer based in Washington state who has been
fighting these check collection tactics in the courts
since 2001, told the ACLU he has documented over Key Recommendations
10,000 checks for under $10 that triggered letters These abusive practices raise grave due process,
threatening consumers with jail, including bounced equal protection, and human rights concerns, yet
checks for as little as one penny.8 they remain largely unchecked because there is
In the case of one of the largest check diversion minimal government oversight and scant protection
companies, the Consumer Financial Protection for debtors under federal and state laws. With a few
Bureau (CFPB) found that less than 1 percent of cases notable exceptions, regulators rarely intervene to
were examined by a prosecutor for possible criminal stop these practices. For example, in Illinois, where
prosecution.9 In practice, prosecutors merely review residents in a third of the counties commonly faced
a monthly list of bounced checks and the check incarceration in debt collection cases, reforms
writer’s name and address without evaluating why spearheaded by Attorney General Lisa Madigan and
the bank returned the check unpaid or the check enacted by the state Legislature substantially curbed
writer’s intent. the practice.11 But there’s much that can be done by
state attorneys general, state courts, legislatures, the
CFPB, and Congress to protect consumers against
these forms of intimidation and threats. A more
A System That Breeds Coercion comprehensive set of recommendations is provided
and Abuse on page 40.
With little government oversight, debt collectors, • Legislatures should enact laws that prohibit
backed by arrest warrants and wielding bounced courts from issuing arrest warrants in debt
collection proceedings. Until arrest warrants
CASE STUDY
are prohibited, at a minimum, legislators
should should require that defendants be Elderly couple jailed for a
released on their own recognizance upon housing debt
service of the warrant and not taken into
In Maryland, Isaac, 83, and his wife, Doris,
custody or required to pay bail. 78, were jailed because they did not
appear at an order to show cause hearing
• State court rules committees should prohibit
in a district court over $2,342.76 owed to
judges from issuing arrest warrants for
their homeowners’ association plus $450
contempt, either for failure to pay or for in attorney’s fees. They had never been
failure to appear, in debt collection litigation. served with notice of the show cause
Court rules committees should also amend hearing, which was scheduled for failure
rules or issue court administrative directives to appear at a post-judgment proceeding
that provide for more robust due process for which they also had never been served.
protections for consumers. The elderly couple was out of the country
at the times the process server claimed
• District attorney offices should terminate to have performed service. The server
their contracts with private check collection described Isaac as being 41 years old and
companies. Doris as his 28-year-old roommate. When
the District Court of Maryland in Prince
• State attorneys general should take action George’s County issued a body attachment
against check collection companies abusing authorizing their arrest in January 2014, the
judge set a cash-only bond in the amount
their contracts with district attorney offices.
of $2,900, which meant that Doris and
State attorneys general have the duty to Isaac could not get out of jail until they paid
enforce consumer protection laws by bringing the same amount as the default judgment
civil enforcement actions pursuant to their against them. Doris spent the night alone
authority under federal and state consumer in a cold jail cell. While in detention,
protection statutes. By suing check collection Isaac began vomiting blood and became
companies engaged in unfair and deceptive non-responsive. He was transported to a
practices that violate state and federal laws, hospital, where he was kept overnight and
state attorneys general can compel an end to received emergency medical treatment.
these practices, provide restitution to affected
consumers, and impose civil penalties.
should issue a judicial bench card creating
• Pursuant to its rulemaking authority under the guidelines for judges to prevent the abuse of
Dodd-Frank Wall Street Reform and Consumer their contempt of court authority in civil debt
Protection Act , the CFPB should promulgate collection proceedings.
rules that preclude debt collectors from
seeking the arrest or jailing of alleged debtors
in pursuit of payments toward civil debts. The
CFPB should also initiate further enforcement
actions against companies operating bad-check
enforcement programs for violations of the Fair
Debt Collection Practices Act (FDCPA).
• The Conference of Chief Justices and the

Conference of State Court Administrators

A Nation of Debtors on the
Financial Edge
Predatory debt collection companies are profiting But the debts that trap Americans are often not large.
from a nation of debtors, many of whom are trapped Americans with a debt in collections owe just over
in debt and living on the financial edge. The scale of $1,300 per person on average.18 The median amount
this national financial crisis is staggering. The Urban of non-medical debt in collections is $366, while the
Institute estimates that 77 million Americans—about median medical debt is $207.19
35 percent of all adults—have a debt that has been Many Americans spiral into indebtedness because
turned over to a third party for collection.12 One in they are living in a state of financial peril and are
five Americans has unpaid medical bills that have pushed over the edge by a traumatic event like the
gone into collection.13 loss of a job, serious illness, or divorce, exacerbated
by snowballing interest rates and fees. When
The Consumer Financial Protection Bureau (CFPB) Congress wrote the Fair Debt Collection Practices
found in January 2017 that about one-third of Act in 1977, it recognized that most overdue debts are
consumers were contacted by a debt collector about not intentional:
a debt in the previous 12 months.14 Debt collection
One of the most frequent fallacies
companies make more than one billion contacts with
concerning debt collection legislation is the
consumers to recover debts each year.15 With record
contention that the primary beneficiaries
numbers of people in debt, the multi-billion-dollar are ‘‘deadbeats.’’ In fact, however, there
collection industry has turned huge profits. In 2016, is universal agreement among scholars,
the industry raked in estimated annual revenues of law enforcement officials, and even debt
$11.4 billion.16 Large debt buyers’ profit margins far collectors that the number of persons
surpass those of corporations like Walmart.17 who willfully refuse to pay just debts
is miniscule…. [T]he vast majority of
1 in 5
consumers who obtain credit fully intend to
repay their debts. When default occurs, it
is nearly always due to an unforeseen event
such as unemployment, overextension,
serious illness, or marital difficulties or
divorce.20
Americans has unpaid In fact, huge numbers of working- and middle-
medical bills that have class Americans have little or no savings to cover
emergency medical bills, car repairs, or other
gone into collection. unanticipated expenses.21 Research by the Pew
Charitable Trusts found that one in three American
56%
loans and equipment financing; credit card debts;
gym fees; revolving debt accounts at retail stores;
daycare center fees; online education courses from
for-profit colleges; and school textbook fees. Among
the medical debts that resulted in arrests were fees
owed to radiology offices, surgery centers, women’s
of Americans say health care providers, dentists, urgent medical care
their incomes are providers, pediatric clinics, rehabilitation services,

pharmacies, addiction service providers, and
falling behind the ambulance services.
cost of living. Debt in America is ubiquitous. But race and ethnicity

profoundly influence who is vulnerable to predatory
private debt collection. In 2014, the Pew Research
Center found that Black and Latino people were, on
families had no savings at all, and that 41 percent average, at least twice as likely to be poor than were
of households did not have $2,000 to cover an white people in the United States.25 A 2013 Pew
emergency expense. The lack of savings and financial Research Center study of federal data found that the
assets to tide a family over in crisis is an even greater median wealth of white households was 13 times the
problem among younger people and racial and ethnic median wealth of Black households, with a difference
minorities, as described in more detail below. in net worth of the typical white and Black families at
Broad economic forces have also pushed more $131,000—the highest racial wealth gap documented
households to the brink of financial disaster. With since 1989.26 The study also found that white
the cost of living outpacing real income growth over households have an average wealth 10 times greater
the past dozen years for most American households, than that of Latino households.27 These significant
families are bridging the gap with credit cards and racial and ethnic gaps in poverty and wealth result in
other loans.22 A Pew survey found that 56 percent increased financial insecurity for Black and Latino
of Americans say their incomes are falling behind families.28
the cost of living.23 Consumers now depend on credit Because Black and Latino people are more likely to
cards and other loans to pay for basic expenses like be poor, they are more frequently targeted for risky
medical bills, rent, child care, and transportation. financial products, such as payday loans.29 The racial
Trapped in this pernicious cycle, millions have found and ethnic wealth gap, in turn, makes it more likely
themselves mired in debt they cannot afford to pay that Black and Latino individuals and families lack
back. the savings and financial assets necessary to tide
For some, these unmanageable debts have led to them over in a crisis with financial consequences,
arrest and jail time after debt collectors take them such as job loss or death of a wage-earning family
to court. The ACLU found arrest warrants being member.
issued in nearly every kind of consumer debt or loan— As a result, Black and Latino people are more
medical bills; federal and private student loans; rent frequently among those with unmanageable debt
payments and unpaid homeowners’ association fees; burdens.30 For example, a 2015 Pew Research Center
mortgage foreclosure deficiencies; unpaid heating study found that around one-quarter of African-
repair bills, unpaid utilities bills, and balances American families would have less than $5 in savings
owed on furniture purchases made on credit; auto if they liquidated all their financial assets, while the
loans, car repair bills, auto insurance subrogation bottom 25 percent of white households would have
claims, and fuel bills; high-interest payday loans $3,000.31
and car title loans24; small-business commercial

Because of these trends, the impact of predatory
practices tends to fall most heavily on minority
communities. Some empirical studies suggest that
there are marked racial disparities in debt collection
lawsuits. A study by ProPublica found that the rate
of court judgments from debt collection lawsuits
was twice as high in mostly Black communities than
it was in mostly white ones, even controlling for
income.32 A study by the New Economy Project found
that the 10 New York state zip codes with the highest
concentrations of default judgments in debt collection
lawsuits are predominantly non-white neighborhoods,
and six of these zip codes bearing the brunt of debt
collection lawsuits are largely middle-income Black
communities.33
Because the courts adjudicating debt collection

cases generally do not record data on the race of
alleged debtors for whom these courts are issuing
arrest warrants, the ACLU was unable to obtain
data documenting racial disparities in the issuance
of arrest warrants. However, based on our research
we do know that arrests for civil debt-related
warrants often occur when debtors are pulled over
or stopped by police for traffic offenses, vehicle
equipment violations such as broken taillights, or
other minor infractions, or during searches of public
housing residents to identify people with open
warrants. To the extent that these policing practices
disproportionately target Black Americans, the racial
disparities in debt collection judgment rates may be
amplified.

The Debt-to-Jail Pipeline
State courts are deeply enmeshed in the debt

collection process. At the request of a collection
company, a court can enter a judgment against a
In Massachusetts,
debtor, authorize a sheriff to seize a debtor’s property, four small-claims
and order an employer to garnish the debtor’s wages.
courts issued
1,325
In 44 states, a court can even issue warrants for the
arrest of debtors who fail to appear at post-judgment
court proceedings or fail to provide information
about their finances. In other words, in most of the
country, an unpaid car loan or a utility bill that’s in
arrears can result in incarceration.
In states that permit arrests in debt matters, warrants for the arrest
courts can issue warrants after creditors or debt
collectors have sued for money owed and won a
of alleged debtors in
judgment against an alleged debtor.34 These suits 2016.
nearly always result in default judgments against
the debtors because they rarely defend themselves
in court, often because they never received proper finances and assets or turn over documents such as
notice of the lawsuit. The victorious creditors can tax returns.
ask judges to require the debtors to appear in court
There are tens of thousands of these warrants issued
for post-judgment proceedings (sometimes called
annually, but the total number is unknown, because
judgment debtor examinations) in which debtors are
states and local courts do not typically track these
required to answer questions about their wages, bank
orders as a category of arrest warrants. State and
account balances, property, and assets.35 Collection
county court data obtained by the ACLU through
companies use this information to garnish debtors’
Freedom of Information Act and open records
paychecks, put liens on their property, and take other
requests reveals that in 2016, judges signed off on
steps to collect the debt.
more than 8,500 arrest warrants in debt collection
When a debtor does not appear for these proceedings, proceedings in the three states and four counties
the judge can issue an arrest warrant—known where we were able to obtain data. In 2016, Maryland
variously as “body attachments,” “capias warrants,” district court judges issued 852 warrants in debt
or bench warrants—for contempt of court.36 Judges collection cases.37 In Nebraska, judges issued
can also issue such arrest warrants if the debtor 548 warrants in debt collection suits in 2016.38 In
fails to answer written interrogatories about their Massachusetts, four small-claims courts issued
1,325 warrants for the arrest of alleged debtors in how to do so. Some were unable to appear in court
2016; the ACLU was unable to obtain data for small- because of work, child care responsibilities, lack
claims courts statewide or for district and circuit of transportation, physical disability, illness, or
courts.39 Utah district court and justice court judges dementia. We documented two cases in which the
issued 5,831 civil bench warrants statewide in fiscal debtors missed court hearings because they were
year 2016, a 6 percent increase over the previous terminally ill; both died shortly after warrants were
year, according to state courts system data.40As of issued for their arrest. One Texas man arrested in
January 2018, there were 1,339 active warrants in connection with an unpaid student loan missed his
debt collection cases in Vanderburgh County, Indiana, scheduled hearing because he was recovering from
a figure that includes unpaid child support cases open-heart surgery. In other cases, women missed
because the Vanderburgh County Sheriff’s Office hearings because they were pregnant and under
tracks these warrants as a single category. doctor-ordered bed rest or home recovering from
childbirth.42
The U.S. Marshals Service could not adequately
respond to a Freedom of Information Act request Some collectors summon debtors to court repeatedly
filed by the ACLU seeking information about arrests and request arrest warrants when defendants miss
made in student loan collection cases nationwide a hearing.43 For example, when an unemployed
because its regional offices do not enter all such Kansas man fell behind on payments for a debt owed
warrants into their centralized database. The to Nebraska Furniture Mart, the collector repeatedly
regional office in Houston reported that its office requested that the judge order him to appear in court,
processed 25 arrest warrants for people who missed with one request made for a hearing only 10 days after
court appearances in connection with unpaid federal the prior in-court examination.44 When he missed
student loan debts during 2015.41 a hearing after making two court appearances, the
judge cited him for contempt of court and ordered
In a review of court records, the ACLU examined that a bench warrant be issued for his arrest.45 In
more than 1,000 cases in which civil court judges some cases, debtors who missed multiple hearings
issued arrest warrants for debtors, sometimes to were arrested more than once for a single debt in
collect amounts as small as $28. These cases took collection.
place in 26 states—Arizona, Arkansas, California,
Colorado, Florida, Georgia, Idaho, Illinois, Indiana, In some states, debtors can also be jailed when they
Kansas, Louisiana, Maryland, Massachusetts, fall behind on payments promised under court-
Michigan, Minnesota, Missouri, Nebraska, Ohio, ordered payment plans. If they fail to keep up with the
Oregon, Pennsylvania, Rhode Island, Tennessee, payment plan, they may be arrested for contempt of
Texas, Utah, Washington, and Wisconsin—and court.
Puerto Rico and the Northern Mariana Islands.
Only a fraction of the warrants issued actually result
In the cases we examined, debtors often failed in jailing because local law enforcement often wait
to appear because they did not receive notice to execute the warrants until the individuals show
of the court date or even the existence of the up in a database search triggered by a traffic stop
lawsuit. Others said that they were unable to or other contact with law enforcement, and in some
pay the judgment and feared that appearing in cases judges order the person released on their own
court or responding to inquiries would result in recognizance or taken directly to court upon service
garnishment of their wages or seizure of their of the warrant. But some debtors languish in jail for
assets, like the car they needed to get to work. weeks until they can arrange to pay the bail set in
their cases.
Most of these debtors could not afford to hire a lawyer
and had no idea how to defend themselves in court In most places, when warrants are executed, debtors
proceedings—nor were they advised by the court are jailed until they pay cash bail or post a bond.
44
Often the bail money is turned over to the debt
collector or creditor as payment against the judgment.
Depending on the jurisdiction, the amount debtors
have to pay to get out of jail may be set at the exact
amount of the judgment, which includes not only the
amount of the original debt but also attorney fees and
costs, interest, late fees, and other expenses that are
arbitrarily determined by the collection company and
Laws in
can far exceed the amount owed. states and the federal
Bail may be even higher than the judgment amount rules of civil and
when courts tack on post-judgment interest,
supplemental attorney’s fees, and other costs at the bankruptcy procedure
debt collectors’ request. For instance, the ACLU
found cases of medical debt collections in Idaho
expressly authorize
in which judges set the bond at more than double debtors to be arrested
the amount of the default judgment, which itself
was already padded with fees. Judges sometimes and incarcerated for
require that bail be paid in cash, which means that
incarcerated debtors cannot use a bail bondsperson.
contempt of court.
In other cases, bail may be set at an amount the debtor
still cannot afford.
State and Federal Laws That Allow the Jailing

of Debtors
For nearly two centuries, debtors’ prisons—
institutions where debtors were incarcerated until
they paid their debt—have been prohibited in the
United States. In 1833, the federal government
abolished imprisonment for debt under federal
law.46 The states followed by issuing similar bans on Yet courts can get around these prohibitions by
debtors’ prisons, and in 1948, Congress prohibited using their authority to hold debtors in contempt
incarceration for debt anywhere that it has been for failure to comply with post-judgment orders like
outlawed by state law.47 In United States v. Rylander, in-court examinations, discovery orders, or, in some
the Supreme Court held that courts do not have cases, court-ordered installment plans.52 In other
“any reason to proceed with a civil contempt action” words, debtors are subject to jailing for disobeying
when a defendant is unable to comply with an order court orders concerning proceedings designed to
requiring payment.48 State courts have also ruled satisfy the money judgment, but not for the original
that holding defendants for failure to pay money money judgment itself.53 For debtors, this technical
judgments violates their state constitutional or distinction matters little.
statutory prohibitions against debtors’ prisons.49 While contempt power is “inherent in all courts,”54
Since every state, either by constitutional provision laws in 44 states, the Federal Rules of Civil Procedure,
or statute,50 currently prohibits imprisonment for and the Federal Rules of Bankruptcy Procedure
failure to pay civil debts, debtors’ prisons should not expressly authorize debtors to be arrested and
exist in the United States.51 incarcerated for contempt of court in such instances:
Alaska, Arizona, Arkansas, California, Colorado,

Connecticut, Delaware, Florida, Georgia, Hawaii, Some judges reflexively issue warrants at the creditor
Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, attorney’s request. A justice of the peace in Maricopa
Louisiana, Maine, Maryland, Massachusetts, County, Arizona, Judge Lenore Driggs, told the
Michigan, Minnesota, Mississippi, Missouri, ACLU that she and other judges in the jurisdiction
Montana, Nebraska, Nevada, New Hampshire, New issue civil bench warrants whenever they are
Jersey, New York, North Carolina, Ohio, Oklahoma, requested.58 By way of example, she noted that a debt
Oregon, Pennsylvania, Rhode Island, South collector representing debt buyer Roger’s Acceptance
Carolina, Tennessee, Texas, Utah, Vermont, Virginia, Corporation of Arizona typically requests warrants
Washington, and Wisconsin, as well as the District for the arrest of debtors, which was confirmed by the
of Columbia and the commonwealths of the Northern ACLU’s review of dozens of warrants issued by the
Mariana Islands and Puerto Rico. (The federal and Maricopa County Justice Courts.
state laws authorizing the jailing of debtors are
described in Appendix II.) In Idaho, Medical Recovery Services, LLC, a
collection company that specializes in collecting
medical debts, is responsible for securing the arrests
When Judges Reflexively Issue Arrest
of more debtors statewide than any other collector,
Warrants for Debtors
having obtained 345 arrest warrants from 2010
The practice of issuing arrest warrants varies greatly. to 2016 that resulted in the jailing of 222 debtors,
Some judges or courts routinely issue warrants, based on the ACLU’s review of court records. In
some issue warrants occasionally, and others never Washington, a single debt collection attorney, James
do. There can be differences among judges in the Patrick Hurley, has obtained warrants for the
same county or city. For example, most arrests in arrest of more than 200 debtors since 2010 and was
federal student loan cases documented by the ACLU observed bragging in court about getting the most
in Texas were on warrants issued by a single judge: warrants like it was a competition.
Judge Lynn Hughes of the U.S. District Court for the
Southern District of Texas.55 In Maryland, corporate entities affiliated with
Kushner Companies, the family real estate business
Who gets arrested also depends on the debt collector. run by senior White House advisor Jared Kushner
The ACLU’s research found that the process of until January 2017, have obtained warrants for the
issuing arrest warrants is often driven by the arrest of 105 former tenants since 2013 that resulted
creditors’ attorneys, debt collectors, or original in the jailing of 22 debtors for failing to appear in
creditors. Courts will generally order the arrest of court over unpaid rent, more than any other landlord
a debtor only on the request of the creditor or debt in the state over that time, according to an analysis of
collector, some of whom make it a practice of seeking Maryland District Court data by the Baltimore Sun.59
warrants, while others eschew it. For instance, in And in Massachusetts, debt collection law firms
most of the Texas federal student loan cases, the representing debt buyers—third-party debt collection
arrest warrants were sought and obtained by M. companies that buy debts for pennies on the dollar—
H. “Butch” Cersonsky, a debt collection attorney, are particularly active in securing arrest warrants
and his colleagues at the Houston-based law firm as compared with other creditors. For instance, a
Cersonsky, Rosen & García, P.C., with which the lawsuit brought by consumers in Massachusetts
federal Department of Education has long contracted against Midland Funding, a debt buyer, alleged that
to recover unpaid loans.56 In a Collections 101 course the collection company aggressively enforced debt
taught by Cersonsky for the State Bar of Texas in judgments—usually default judgments—through
Houston, he even said, “It’s easier to settle when arrest warrants.60 The suit was eventually settled.
the debtor is under arrest.”57 Cersonsky and his
colleagues found a willing partner in Judge Hughes. In interviews with the ACLU, consumer rights
lawyers and court-watchers in states around the
country described how they have witnessed judges

rubber-stamp scores of warrants in a single day. For there was a default judgment for the plaintiff
example, Dalié Jiménez, a consumer law professor or that a capias was being issued without
at the University of Connecticut School of Law, anyone having to say it.”64
observed a judge in the Boston Municipal Court
stamp over 100 warrants for the arrest of debtors in (It is common practice in small-claims court sessions
a single day, so many that the stamp broke.61 This is with a large volume of debt collection cases for one
not an anomaly: In four other Massachusetts small- or two “cover attorneys” to answer for all the large
claims courts where data was available (Cambridge, debt collection plaintiffs who have cases scheduled
Pittsfield, Plymouth, and Quincy), arrest warrants on any given day. These attorneys substitute for the
were issued in more than a quarter (28.7 percent) of plaintiff’s attorney of record on a case when they do
the consumer debt cases filed in 2016.62 not appear, while debtors have no such service to rely
upon.)
While waiting for a case to be called in Yakima
County, Washington, Scott Kinkley, a lawyer with In some cases, warrants are issued by court staff, not
the Northwest Justice Project, observed the judge judges. Katherine Rybak, a lawyer with Indiana Legal
sign roughly 30 arrest warrants in about 10 minutes, Services, told the ACLU that in Vanderburgh County
all to defendants with Latino names, setting bail at Small Claims Court, when a debtor does not show up
the alleged amount owed.63 He said the judge and the at an order to show cause hearing, a warrant is issued
collection attorney had an efficient rhythm: automatically by court staff even before the judge
takes the bench.65 Until Rybak stopped the practice
in 2014 with a letter to the judge, in Dubois County
Judge: “Next case is #____________. Small Claims Court it was standard practice to issue
Is __________________ present? Okay, warrants immediately—without an order from a
hearing no answer I am going to sign the judge—upon receiving a phone call from the creditor
proposed bench warrant. How much is
this one?” when a debtor missed a payment or was late paying
under an agreement made at previous hearing.
Collection attorney: “$_____, your Honor.”
Judge: “Order has been signed.” How Courts Use the Threat of Jail to Extract
Payment
A court-watcher who observed small-claims The ACLU’s research found that some small-claims
proceedings in Dorchester, Massachusetts, similarly court judges, justices of the peace, clerk-magistrates,
reported that the clerk-magistrate would speed district court civil judges, and court clerks exceed
through a list of cases, maintaining a “steady rhythm” their authority by threatening debtors with jail for
of ordering either a default judgment or a warrant contempt of court if they do not pay in full or agree to
after the attorney responded for the plaintiff: payment plans.
In the first couple cases of each section, the In Michigan, an officer of the Ionia County District
Clerk-Magistrate would say “default” or Court demanded payment in full from a man against
“capias” after the cover attorney responded whom an arrest warrant had been issued in 2017 for
for the plaintiff followed by a brief silence missing a debtor’s examination in a lawsuit filed by
indicating that the defendant was absent. But his landlord for unpaid rent and damages. The judge
after uttering each of those words the first who issued the warrant had set the bond amount at
couple times, the Clerk-Magistrate did not $1,708.52, to be paid only in cash. When he told the
even bother to say that much and just moved court clerk he could not pay the bond in full but could
on to the next case. It seemed as though it pay $100 a month, she refused to accept an installment
was assumed, since the defendant did not plan and informed him and his legal aid attorney that
respond, that everyone in the room knew he would be arrested if he did not pay in full.66 He says
he is unable to pay the bond; the arrest warrant against Mr. Button: That’s what I can afford, ma’am.
him will remain active until he does so. He has not yet I live on Social Security disability. I’ve got to
been arrested because the local court officer agreed not pay my rent and my lights and my gas.
to execute the warrant while his legal aid lawyer tries to
resolve the case. He is supporting his family on a small The Court: I’m going to order you pay twenty-
income, working for the apartment complex where five dollars ($25.00) a month until this is
paid off. I’m going to show that we are to
he lives and having money taken from each paycheck
come back March 12, at 1 o’clock, at which
to cover back rent. He says he lives in fear of being
time Miss James is going to tell me that she
arrested.
has already received fifty dollars ($50.00)
In another case, a judge in Perry County, Indiana, towards this. Okay.67
threatened Herman Button with jail if he did not
Button fought back and filed an appeal arguing that
agree to pay $25 a month toward a $1,865.93
he should not be held in contempt and his assets
judgment his former landlord obtained for an eight-
should not be garnished to pay the judgment. The
year-old rent debt. Button was unemployed and living
appeals court ruled the trial judge had improperly
on disability benefits; he appeared in court without
threatened Button with imprisonment and had failed
a lawyer. The judge threatened him with jail even
to consider Button’s ability to pay, as there was no
though he explained that he couldn’t possibly make
evidence that Button could afford $25 a month.68
the payments:
The ACLU also documented cases in which sheriffs
The Court: So we’re here today for you to
and constables tasked with serving warrants
explain what you’re going to do to pay this off.
called, wrote, or went to the residences of debtors to
Mr. Button: I can’t. personally threaten to jail them if they did not pay,
agree to payment plans, or voluntarily surrender
The Court: Okay, but you’re going to. themselves at the courthouse. For instance, in
Mr. Button: I can’t do it. Nebraska, a deputy sheriff drove to a woman’s home
and demanded payment toward a $3,856.61 debt
The Court: Okay, Mr. Button. she originally owed to Wells Fargo. Believing she
had to pay up, she borrowed $30 from her mom, who
Mr. Button: Yes, ma’am. happened to be visiting at the time. The sheriff’s
The Court: For some reason we’re not deputy charged $22.82 to collect the $30, so only
communicating. Alright, you’re not hearing $7.18 went toward the judgment. Two weeks later, he
me for some reason. I am telling you that, returned to her home and demanded another $30
yes, you will. You’re going to tell me how payment, and he told her that he would return to
you’re going to go about doing that. And I’m collect payment every two weeks until the debt was
not going to accept I cannot, and if the next satisfied.
words out of your mouth are I cannot, Mr. In Massachusetts, a form letter sent by two
Button, then you’ll sit with Mr. Glenn at the constables in Haverhill and Lowell to consumers
Sheriff’s Department until you find a way against whom warrants had been issued for failure to
that, yes, you can. So what kind of payments appear in debt collection cases warned, “It appears
can you make to pay this down? you have chosen to be arrested, put in handcuffs
Mr. Button: Five dollars ($5.00) a month. in front of your family, friends and/or coworkers
and brought before the court.” The letter continued,
The Court: Five dollars ($5.00) a month “Ignore this notice, and you will be arrested as soon
is—I’m going to be an old woman before this is as you are found; this could be tomorrow morning
ever paid off. coming out of your home, at work, or anywhere you
are found. You then run the risk of not going home An Idaho bankruptcy court recognized this reality,
at the end of the day, but instead going to jail for concluding that a collection company that sought,
Contempt of Court.”69 drafted, and obtained a bench warrant for a debtor’s
failure to turn over tax returns had plainly done so
Abuse of Contempt and the Unlawful Return as a tactic to extract payment. In that case the arrest
to Debtors’ Prisons warrant required the debtor to post a bail set at the
exact amount of the judgment, payable only in cash
The abuse of civil contempt proceedings to extract
and to be handed over to the debt collector. The court
payments from debtors violates centuries-old federal
ruled:
and state laws prohibiting incarceration for debt.70
Although courts ostensibly issue arrest warrants to There was a time in America when debtors
compel alleged debtors to appear in court or comply were jailed for not paying their debts. In
with a court order to provide financial information, reviewing the facts of this case, it appears
in practice debt collectors request arrest warrants to perhaps that time has not passed… [I]t is
use them as leverage in debt collection. Creditors and clear that Creditor’s efforts to get Debtor
debt collectors are keenly aware that they are most put behind bars were calculated to enforce
likely to receive payments from debtors when they a money judgment, pursue a “collection
are under threat of arrest or incarcerated. Courses motive,” [and] to harass Debtor…. The Court
and articles on the practice of debt collection law even was distraught to learn that, even today,
advise lawyers that arrest warrants are an effective a creditor can persuade a state court to
way to extract payment.71 One such article advised, incarcerate a debtor to compel payment of a
“Body attachments are usually rather effective, as debt…. The facts show that Creditor initiated
most debtors do not like to be imprisoned and the contempt proceedings in state court not
suddenly find funds for bonds.”72 to secure the financial information Debtor
was ordered to provide, but to coerce him into
While in some cases debtors may cure their contempt
paying Creditor’s judgment.75
by appearing in court and providing the requested
financial information, more often debtors may secure In practice, there are several indicators when this
their release from jail or have their warrant quashed use of contempt turns into unlawful imprisonment
only if they pay their debt, either in full or a bond for debt. First, the bail attached to arrest warrants
amount that satisfies a portion of their debt. This is often for the alleged amount owed to the creditor.
direct connection substantively transforms contempt Instead of performing an independent analysis to
for failure to comply with a court order into contempt determine the amount of bail required to ensure
for failure to pay, in violation of state and federal laws compliance with court-ordered proceedings and the
prohibiting debtors’ prisons. debtor’s ability to pay that amount, many courts
simply require payment of the full judgment owed.
As Alan White, a consumer law professor at CUNY
Second, the bonds paid by debtors to get out of jail
School of Law, described it, “If, in effect, people
are often transferred directly to the creditor. While
are being incarcerated until they pay bail, and
many courts transfer bonds to creditors as a matter
bail is being used to pay their debts, then they’re
of custom, some state laws explicitly require these
being incarcerated to pay their debts.”73 Contempt
bonds to be turned over to creditors.76 Third, the
proceedings become purely pretextual, explained
contempt of court finding is often dropped once the
Lisa Madigan, Attorney General of Illinois; if that
creditor receives the bond or if the debtor settles with
“gives the lawyers the ability to say [debtors] aren’t
the creditor.77
being thrown in debtors’ prison, they’re being thrown
into prison for contempt of court. To me, that’s
disingenuous.”74

For Debtors, the Trauma of Arrest and Jail
Lack of money to pay a small bill, a pile-up of warning her three-week-old baby.80 In another case, a man in
letters, damaged credit scores, personal bankruptcy— Washington was arrested for missing a hearing about
all create enormous stress for people struggling to an unpaid auto loan deficiency—the debt remaining
make ends meet. But nothing compares with being after his pickup truck had been repossessed—while
arrested and taken to jail for being unable to pay a home with his six-year-old disabled son. Police
debt. handcuffed him and immediately placed him in the
squad car, leaving his son alone in the house. For over
The collection process carries high public costs an hour, he sat in the police car outside his house,
in terms of the time and resources required of watching in horror as his son sobbed and ran, scared
law enforcement and court staff. But the effects and confused, in and out of their home. When his wife
on a debtor subject to an arrest warrant because arrived home, sheriff’s deputies arrested her too and
of a failure to appear at a court hearing can be threatened to call Child Protective Services if she
emotionally and financially devastating. Many have could not find someone to watch over their son.
never had contact with law enforcement before their
arrest. For those jailed, the psychological distress, We found cases of arrest warrants issued against
lost wages, and other costs can have severe, long- elderly debtors, including a woman who was 90
lasting impacts on them and their families. years old. In one instance, a Maryland court issued a
In interviews with the ACLU, people described the

shock and humiliation of being arrested, booked,
fingerprinted, photographed for a mug shot, strip- For those jailed, the
searched, and placed in a holding cell. In some cases,
the debtors were arrested at gunpoint. In one case, psychological
distress and
a man was Tasered and bitten by a police dog in
the course of his arrest.78 Some people could get no
lost wages
explanation from either the arresting officers or the
jail staff as to why they had been incarcerated.
In many instances, parents were arrested in front

of their children. One single mother was arrested at
can have severe,
her Pennsylvania home in the early morning hours
while her son, a minor, slept. Despite her pleas, the
long-lasting impacts
police did not allow her to tell her son what was on them and their
happening to her.79 We found the case of a woman
in Ohio, who was arrested while she was home with families.
warrant for the arrest of a bedridden woman with
CASE STUDY
advanced Alzheimer’s disease who was unable to
appear in court for an oral debtor’s examination; Jailed for an insurance debt
she died before she was arrested on the warrant. In
Julius Zimmerman was jailed for six days
another case, a Massachusetts woman died of ovarian in 2011 in solitary confinement in Dakota
cancer the day after a warrant was issued for her County, Minnesota, on a civil warrant
arrest for failure to appear. We found cases of people obtained by a debt collector. He had filed
with disabilities jailed, including a Kansas woman for bankruptcy and the jailing violated the
with bipolar disorder who said she was arrested while mandatory stay. The debt was owed to
in the throes of an episode and had to walk miles to American Family Insurance Group after
get home when she was released. he was involved in a car accident. Police
officers arrested Zimmerman at his home
For some, an arrest had catastrophic consequences. while he was babysitting his girlfriend’s
A Utah man committed suicide while jailed for failing children. They completed booking at 1
a.m. on a Friday, and the earliest he could
to appear in court over an unpaid ambulance bill; he
be brought to court was Monday. He says
killed himself shortly after he was asked whether he he told the police officers and jail staff
had the money to post bail.81 An Illinois truck driver that because of his bankruptcy filing,
was fired from his job for missing work while jailed for no action could be taken to collect the
six days because he could not afford the $31,500 bond underlying debt. He didn’t have access to
set at the amount he owed to a bank for equipment a phone for several days and was unable
financing.82 An Indiana woman was fired by her to contact his attorney during that time.
employer after she was arrested at work. He says he suffered fear, humiliation, and
embarrassment as a result of his arrest
Some suffered medical emergencies while and incarceration.84 Zimmerman sued the
incarcerated. For example, an 83-year-old Maryland sheriff and 10 jail deputies, alleging they
man jailed over a debt owed to his homeowners’ had violated the automatic stay triggered by
the bankruptcy filing, but the court ruled it
association began vomiting blood and became non-
lacked jurisdiction to consider his claim.85
responsive while in detention, requiring emergency
medical treatment. A North Carolina man required
four days of treatment in the intensive care unit
of their arrest. Some reported increased anxiety,
after falling ill while jailed.
difficulty sleeping, stomach problems, panic attacks,
Humiliation and trauma in jail are not uncommon. recurring nightmares, an inability to travel more
One Indiana woman, a mother of three, was jailed for than short distances, an inability to remain home by
missing hearings over medical bills for her cancer oneself, and exacerbation of medical conditions like
treatment. She was physically unable to climb the Crohn’s disease.
stairs to the women’s section of the jail, so she was
Even the issuance of an arrest warrant by itself—
held in a men’s mental health unit with glass walls
without arrest or jailing—can have significant and
that exposed her to the male prisoners, even when she
negative effects. In one case, a man in Indiana
used the toilet. She says she was denied medicine and
with 13 years of experience as a police officer was
feminine hygiene products, and exposed to lewd and
passed over for a law enforcement job when the
“trauma-inducing” behavior, including one man who
prospective employer discovered there was an open
wiped his feces on the wall of their shared cell.83
arrest warrant for an unpaid school textbook fee.
In many cases that we documented, debtors said they Non-citizens have reported anxiety and fear about
suffered psychological stress and health effects after potential immigration actions because an arrest
their jailing. Many were deeply embarrassed when warrant had been issued.
their employers or their children’s teachers learned

No Notice, No Evidence, No Attorney
The arrest and jailing of debtors is all the more a suit in as little as four seconds, and one lawyer can file
troubling because the underlying debt collection hundreds of lawsuits a day, according to a deposition
proceedings are deeply unfair. Courts are often given by a debt collection attorney in New Jersey who
complicit in debt collection abuses by operating as worked primarily for debt buyers.89 According to the
mills that exist only to process default judgments, Federal Trade Commission (FTC), the majority of cases
garnishments, and liens, and to seize the property of on many state court dockets on any given day are often
drowning debtors.86 debt collection cases.90 In many states, companies that
bought debts from original creditors file more civil
The Fifth and Fourteenth Amendments of the lawsuits than any other type of plaintiff.91
Constitution protect individuals from the deprivation
of liberty or property by the government without When judges automatically award default judgments
due process. Although people facing jail for civil without scrutinizing the merits of debt collectors’
contempt are not afforded the same due process rights claims, these judgments may be for the wrong
guaranteed to criminal defendants, their procedural amount, for debts that are not subject to collection, or
due process rights are infringed upon when there is against the wrong defendant.92 The FTC found that
inadequate notice, automatic default judgments, or “the information received by debt collectors is often
deficient evidence.87 inadequate and results in attempts to collect from the
wrong consumer or to collect the wrong amount.”93
Millions of debt collection lawsuits are filed each year Collectors sometimes seek to collect debts that have
in local courts that have effectively become collectors’ already been settled or paid in full. In other cases, the
courts. These suits flood small-claims courts, turning statute of limitations has expired or the debts were
them into taxpayer-funded tools of the debt collection discharged when the debtor filed for bankruptcy.
industry.88 Lawyers working for the industry can review Others attempt to collect from the wrong person or
victims of identity theft.94
90%
Once a lawsuit is filed, the process is stacked against
the defendant, whether the amount is owed or not.
Debt proceedings are plagued by substantial due
process deficiencies, including failure to serve the
defendant with adequate and legal notice of the suit,
lack of evidence of the underlying debt, and falsified
of debt cases conclude or improper affidavits such as robo-signed affidavits.95
in a default judgment Beyond that, debt collectors benefit from expedited

judicial process in small-claims courts, which provide
against the defendant. limited due process protections to debtors.

Courts overburdened with cases churn through
these collection lawsuits with astonishing speed and
minimal scrutiny. The vast majority of them—an
Debtors are
estimated 90 percent96—conclude in a default judgment
against the defendants, in which the debt collector
represented by
automatically wins because the defendant did not lawyers in fewer than
2%
contest the case. Most did not appear in court to defend
themselves or respond to the litigation at all.97
People sued for debts often do not receive notice of

the legal action against them or of subsequent court
orders to appear at court proceedings.98 Consumer
rights lawyers around the country have reported that of collection cases.
notices are sent to outdated addresses or places where
the debtor never lived. This is a particular problem to provide notice.103 Creditors and debt collectors
for low-income defendants, who may move frequently frequently fail to meet these standards, violating the
because of job loss, eviction, changes in household size, debtors’ due process rights.
homelessness, and illness. Collection companies have
very little incentive to maintain accurate records and Other debtors fail to show up in court because
provide proper notice because doing so would mean they cannot get time off from work or secure child
giving the debtor a chance to challenge the action. care. Some are confused by notices, even having
And because courts rely on plaintiffs (i.e., creditors received several in the mail. Many are unaware of
and debt collectors) for service of process, judges are the consequences of missing the court date. In cases
left unable to adequately evaluate whether defective brought by companies that have purchased the debt
service is a significant problem in their jurisdiction.99 from the original creditor, the plaintiff’s name on the
summons will be unfamiliar to the debtor, creating
The most vulnerable debtors are often targets of more confusion. According to consumer rights
“sewer service”—when a debt collector or process advocates, some debt collectors repeatedly request
server falsely claims to have served the notice of the trial continuances, postponing the case whenever the
complaint or summons for an upcoming proceeding.100 debtor shows up in court and then moving for default
In one example documented by the ACLU, an 83-year- judgment the one time the debtor fails to appear.
old man and his 78-year-old wife were jailed for failing
to appear at a post-judgment hearing in Maryland. Even when aware of the suit, debtors almost never
Even though they were out of the country at the time have lawyers and don’t know how to defend themselves
of the alleged notice, the process server reported that in a legal proceeding. There is no constitutional right
they had been successfully notified; the server wrongly to an attorney in collection actions and civil contempt
described the elderly couple as a 41-year-old man and actions, and most debtors cannot afford to hire one. As
his 28-year-old roommate. a result, debtors are represented by lawyers in fewer
than 2 percent of collection cases.104
The Supreme Court requires that notice must be
“reasonably calculated, under all the circumstances, Companies that buy debt for pennies on the dollar
to apprise interested parties of the pendency of the can win default judgments even though they lack any
action and afford them an opportunity to present evidence because the alleged debtors aren’t equipped
their objections.”101 If plaintiffs know that service to mount a competent defense.105 A study of lawsuits
will be unsuccessful, then notice is insufficient brought by debt buyers in Maryland found that more
under the law.102 When plaintiffs are aware that their than 95 percent of these cases end in favor of the
first attempt at notice did not reach the party, they collector, yet in 90 percent of cases the collector lacked
are obligated to take additional reasonable steps the requisite proof.106 An Urban Justice Center study in
New York City in 2007 found that in 99 percent of cases a warrant issued for failure to appear at a hearing that
in which default judgments were entered, the evidence she had in fact attended. The collector, CACH, LLC,
supporting those claims was inadmissible and did not did not appear at the hearing, but nine months later
meet the state’s legal standards.107 it nonetheless requested that the woman be arrested
for missing the hearing. The court issued the warrant
Even when parties fail to appear, judges are expected and she was arrested a week later, causing her “severe
to consider, at a minimum, whether the creditors’ mental anguish.”114 An investigation by the Harford
claims are lawful and appear to have merit.108 But County District Court clerk’s office later determined
because many judges don’t perform this evaluation, that the warrant had been improperly issued.115
debt collectors often prevail even when they lack
evidence to support their claims, or when creditors In Oregon, an alleged debtor’s father was wrongfully
have marked the evidence as unreliable.109 Courts also arrested by a local sheriff and his deputy on a warrant
often fail to verify whether debt collectors actually own obtained by Quick Collect, Inc., a collection agency
the debt at issue or are legally entitled to sue.110 When in Portland with an estimated $1.7 million in annual
judges automatically rule in favor of creditors and debt revenue.116 Even though the debt was owed by his
collectors despite deficient evidence, alleged debtors’ son, the father was transported to jail, booked, and
due process rights are violated. incarcerated for seven hours. In another case, a woman
in Louisiana was jailed for two nights for failure to
The default judgments are routinely padded with appear in court over a high-interest payday loan she
interest charges and attorneys’ fees, so the amounts had already paid in full.117
end up being far more than the original debt. Once
a debt collector gets a court judgment, it gains the The ACLU also documented numerous cases of arrest
power to garnish wages, seize property, clean out and jailing of debtors in violation of the automatic
bank accounts, or put a lien on a home. Four million stay on collection actions triggered when they filed
American workers had wages seized to pay off for bankruptcy. For instance, a man in Minnesota
consumer debts in 2013,111 and a study by the National who had filed for bankruptcy was jailed for six days
Consumer Law Center found that no state provides in 23-hour-a-day solitary confinement on a warrant
adequate legal protections to prevent garnishment and obtained by a debt collector. He says he told the police
property seizures from driving families into poverty.112 officers and jail staff that because of his bankruptcy
Judgments can remain valid for a decade or longer, filing no action could be taken to collect the debt, which
and in some states creditors are allowed to continue he owed to American Family Insurance Group after he
to charge a high interest rate on the judgment amount was involved in a car accident. Because he was denied
until it is paid. access to a phone for several days of his incarceration,
he was not able to contact his attorney.
Many cases are settled out of court. Debt collectors
will often negotiate agreements in the courtroom
Violations of Right to Counsel When Liberty Is
hallways, without any oversight or supervision at Stake
by a judge or court clerk. Some courts even have
“judgeless courtrooms”—specially designated rooms Alleged debtors are not guaranteed the right to
in the courthouse that creditors are allowed to use a lawyer even when they face the possibility of
for settlement negotiations. In practice, courthouse incarceration in cases concerning private debt. The
negotiations give debt collectors the upper hand nearly ubiquitous lack of counsel in state and local
in pressuring defendants to give up their right to a court debt collection proceedings means there is
hearing or to sign payment agreements for debts that no check against the well-documented error and
they are not legally obligated to pay or cannot pay.113 abuse that pervades debt collection litigation. Tens
of thousands of alleged debtors are under threat of
In some cases, these due process deficiencies result in incarceration each year for failure to appear or comply
wrongful arrests. A Maryland woman was arrested on with post-judgment debt collection proceedings.
CASE STUDY trying to rebuild her life and married, but in
Jailed for unpaid rent March 2015 her new husband died suddenly
of a seizure. One month later, the collector
Kristy Sprayberry was requested contempt proceedings for her
jailed in Georgia for a failure to answer the interrogatories, and the
six-year-old debt her Douglas County Magistrate Court issued a
landlord claimed she warrant for her arrest in June.
owed after evicting her
from her trailer home. In August 2015, Kristy was gathered with
In 2009, Sprayberry her children and extended family attending
signed a lease for to her mother, who was terminally ill with
$490 a month and lung cancer. A family argument got heated
fully paid first and last and a relative called the police. The two
months’ rent. Three police officers responding to the call quickly
weeks later, she was jailed for an unrelated left without taking action, but 10 minutes
probation violation. During the less than two later, they returned and arrested Kristy
months she spent incarcerated, her landlord after discovering the open arrest warrant.
evicted her and threw out all her belongings. The officers handcuffed her in front of her
The landlord also sued her and obtained a
children, including her five-year-old daughter.
default judgment of about $3,000, for unpaid
Kristy says the timing made her arrest and
rent and cleaning fees for throwing out her
incarceration particularly traumatic. “I just
furniture. After her release from jail Kristy
was unemployed and at times was homeless. knew my mom was going to die while I was
She had no idea her former landlord had even in jail,” she said. “It was the time when my
sued her to collect a debt. children needed me the most.”
Five years later, Whiteside Enterprises, LLC, Kristy was first jailed at the Cobb County Jail
a debt collection company, began attempts and then transported to Douglas County Jail
to collect the default judgment. Whiteside the next day, where she was booked and had
Enterprises is known in Douglas County, to fill out the financial statement forms before
Georgia, for buying up default judgments from she was released that evening. Two days later,
old eviction cases and using post-judgment her mom died.
legal procedures to threaten people into
paying. It filed a series of interrogatories – A year and a half later, in March 2017, the debt
forms inquiring about Kristy’s finances and collector threatened to have her arrested again.
assets – but was unable to serve them on her This time, a lawyer who met Kristy through his
because she had no stable address. She was church helped her avoid incarceration.
Having counsel would help indigent debtors navigate In criminal proceedings, indigent defendants have a
the law, assert their rights to debtors’ exemptions Sixth Amendment right to court-appointed lawyers
and other protections, and seek remedies to abusive if they face actual or suspended incarceration and
actions by debt collectors, including improper and cannot afford to pay for a lawyer.118 Indigent debtors
false claims of service and requests for warrants to should similarly be afforded the right to appointed
coerce payments toward debts. Counsel can help counsel when their liberty is at stake—even in civil debt
courts avoid erroneous determinations and assist collection or civil post-judgment proceedings. Sound
indigent debtors in achieving better outcomes, public policy and the basic constitutional principle of
including vacating improperly reached default fair treatment weigh in favor of appointing counsel to
judgments and accessing existing legal protections for assist indigent debtors in these circumstances.
income for basic needs.

While the Supreme Court has not specifically ruled collection proceedings. Due process deficiencies, the
on the right to counsel for consumer debtors in civil frequency of default judgments, and information
contempt proceedings, it has ruled that due process asymmetry, among other factors, all increase the
favors a right to counsel in civil proceedings in risk that an unrepresented indigent debtor will be
which an individual’s liberty is at stake. In Lassiter unlawfully incarcerated.
v. Department of Social Services, the Supreme Court
recognized a presumption that indigent litigants have Third, affording counsel to indigent debtors would not
a due process right to appointed counsel in cases implicate any of the countervailing interests that the
when they may be deprived of physical liberty.119 In Supreme Court noted in the child support context.125
Turner v. Rogers, the Supreme Court carved out an The court explicitly distinguished such child support
exception in civil contempt cases involving unpaid cases brought by an unrepresented custodial parent
child support when both parents are not represented from debt collection proceedings.126 In debt collection
by a lawyer, even when it resulted in the incarceration proceedings, debtors with lawyers are less likely to be
of the non-custodial parent.120 The Supreme Court coerced into giving up exempt assets or taking other
recognized, however, that due process did not measures not required by law. Providing lawyers in
require the appointment of counsel for the indigent these proceedings could reduce the government’s
non-custodial parent in this context in part because costs, like jailing and other enforcement actions, and
the custodial parent was herself not represented; help correct a system currently filled with error and
appointment of counsel for one parent would therefore abuse.
create an asymmetry of power between the parents.121 Finally, it is important to note that even civil debt
The Supreme Court explicitly distinguished that collection cases can involve court exercise of criminal
type of civil contempt proceeding from “debt- contempt authority to incarcerate debtors as
collection” proceedings in which “[t]he government punishment for noncompliance with court orders to
is likely to have counsel or some other competent provide information or otherwise comply with orders
representative.”122 to enforce money judgments. It is well established
The right to an attorney in civil proceedings, when it that the Sixth Amendment requires the appointment
applies, derives from the due process clauses in the of counsel in criminal contempt proceedings other
Fifth and Fourteenth Amendments. The Supreme than summary proceedings for misconduct in open
Court uses a three-factor test to decide whether court.127 Criminal contempt “is punitive,” and it seeks
parties have a due process right to counsel in civil “to vindicate the authority of the court.” In contrast,
proceedings: (1) the nature of the private interest civil contempt “seeks only to coerc[e] the defendant to
that will be affected, (2) the risk of an erroneous do what a court had previously ordered him to do.”128
deprivation of that interest without the additional When a debtor is unable to comply with a court order
or substitute procedural safeguards, and (3) the concerning civil debt collection—such as an order to
nature and magnitude of any countervailing interest provide responses to interrogatories concerning assets
in not providing additional or substitute procedural and income without having received actual notice of
requirements.123 the order—any subsequent order to incarcerate the
person for a fixed term would constitute criminal
An analysis using this three-part test weighs strongly rather than civil contempt, and the Sixth Amendment
in favor of a right of indigent debtors to appointed would require the appointment of counsel in such
counsel in civil contempt proceedings when the circumstances. In at least one federal circuit, sentences
debtor’s liberty is at stake. First, the individual’s that contain elements of both criminal and civil
interest of preserving liberty weighs in favor of the contempt are treated as criminal contempt for purpose
right to counsel.124 Second, the comparative risks of of appeal.129 Appellate courts have recognized that a
a wrongful deprivation of liberty with and without contempt sentence containing a purge condition can
counsel weigh in favor of a right to counsel in debt nevertheless constitute criminal contempt.130

Partnerships Between Prosecutors and Check
Collection Companies
Some coercive debt collection practices are explicitly

sanctioned by local prosecutors. Around the people accused of having violated the
country, private debt collectors contract with county above referenced statute to avoid the
district attorney offices to threaten people with possibility of further action against the
accused by the District Attorney’s office.”
criminal prosecution for bounced checks. Under
these partnerships, private companies seeking “Successful completion of the program
to enforce collection of bad checks send letters on requires that you comply with all of the Bad
district attorney letterhead to people who have Check Restitution Program requirements
including full restitution, all fees and
written bounced checks—effectively masquerading
attendance of the Financial Accountability
as county district attorneys—to threaten them with class.”
prosecution, jail, and fines if they do not pay up. This
routinely occurs despite evidence that prosecutors “Our records indicate that you have failed
fail to review cases sent to these private companies to to respond or fully comply with the [DA’s]
Official Notice.”
ensure that any threats of prosecution are supported
by probable cause to believe the individual actually “Your case has been reviewed and
committed a crime, as required by law. forwarded to the [DA] for consideration
of prosecution…due to your failure to
More than 200 district attorneys’ offices nationwide complete the requirements of the Bad
allow private collection companies to use the seal and Check Restitution Program.”
signature of local prosecutors for these repayment Subsequent letters contained the heading,
demand letters. Letters sent to consumers have “CASE FORWARDED FOR POTENTIAL
contained the following language, posing as official CRIMINAL PROSECUTION.”
communications when the cases have not been
reviewed by district attorneys:
In interviews with the ACLU and in sworn
depositions, consumers said they were bewildered
“OFFICIAL NOTICE—IMMEDIATE and scared by these collection letters. Most said they
ATTENTION REQUIRED” were afraid they were going to jail and understood
that they had been accused of a crime that would
“You have been accused of violating” a state
criminal statute. result in incarceration if they did not pay the amounts
demanded. They said they believed the letters had
A “conviction under this statute is been sent by a prosecutor and had no idea they had
punishable by…imprisonment and/or a fine.” been sent by a private company. And when they
“The Bad Check Restitution Program…is dialed the phone numbers listed on the letters, they
a pre-charge program designed to allow mistakenly believed they were talking with an
employee of a government agency.
In all cases, the check collection companies demand
CASE STUDY
not only payment for the unpaid check, but also
tack on a variety of fees, including fees to attend a Threatened with jail for a
diversion program run by these same companies. $41 check to Goodwill
These programs usually involve taking a class on A mother of three in Washington wrote a
budgeting and financial responsibility for which $41.19 check to Goodwill to buy clothing
check writers must pay anywhere from $145 to for her children, but the check bounced
$235. Some portion of these fees is then funneled because of a banking mix-up. She received
to the district attorneys’ offices, depending on the a letter that looked like it had been sent by
contract, but the bulk of the fees go to the private the Kitsap County Prosecuting Attorney
and bore the prosecutor’s seal, telling her
companies. One company, CorrectiveSolutions, for
that she had been accused of a crime and
example, charges California consumers the following she had to pay the amount of the check
fees, even charging consumers for overpaying: plus $185 in fees within 10 days “to avoid
the possibility of criminal charges being
Administrative fee: $50
filed.”135 The letter was actually sent by
Diversion seminar fee: $191 with automatic 3% Bounceback, Inc., and there is no evidence
that the prosecutor even reviewed any
annual increase
evidence related to the bounced check
Restitution fee: $15 maximum, based on or that the prosecutor’s office would
prosecute her if she did not pay the fees.
merchant’s bank charge
She ultimately paid the $41 plus nearly
Credit/debit card fee: $10 $220 in fees.
Payment plan late fee: $10

to “[m]ake sure you add all failure to comply fees. . . .
Class rescheduling fee: $25 This is not discretionary. This money belongs to the
Overpayment refund fee: $5 company, and will DRASTICALLY change your
numbers.”133
Collecting these fees is the primary or even sole
revenue stream for these companies.131 This profit Few, if any, of the bounced checks that trigger these
structure creates an incentive for them to maximize collection letters qualify for criminal prosecution.
the number of individuals enrolled in the diversion One study found that there is only a 0.4 or 1.2
seminars—even when there is no probable cause percent chance a consumer would be prosecuted for
to believe that a particular individual actually the bounced checks subject to collection by these
committed a bad check offense or that the district companies. In the vast majority of cases, check
attorney would prosecute the alleged conduct. The writers have inadvertently bounced checks without
potential for abuse is clear: Falsely and aggressively criminal intent, or the amount of the bounced check
threatening consumers with criminal prosecution is too low to warrant prosecution.
can increase the fees and profits these companies
The ACLU documented cases in which threatening
collect.
letters were sent for bounced checks as low
For example, one prominent company offering bad- as $2, clearly too low to meet the criteria for
check diversion programs circulated guidance to its criminal prosecution. One internal email from the
“recovery agents” outlining the tactics to use in phone prosecutor’s office in Kitsap, Washington, showed
calls to targets. It advised them to “[e]xplain you that checks for $5 and $8 were to be referred for
are trying to hold their case back from prosecution collection even though the office never prosecutes
review, and the only way you can do that is with for a bounced check less than $50.134 Paul Arons, a
money.”132 The same document instructed agents Washington-based lawyer who has been fighting
these check collection tactics in the courts since 2001,
told the ACLU he has documented over 10,000 checks
More than
1consumers
million
for under $10 that triggered letters threatening
consumers with jail, including bounced checks for as
little as one penny.136
District attorneys are required by law to review

the case files and determine if they are eligible for are
prosecution, but the threatening letters are usually
sent before district or state attorneys have even
targeted nationwide
examined the files. In the case of one of the largest each year through
check diversion companies, the Consumer Financial
Protection Bureau (CFPB) found that less than 1 the district attorney-
percent of cases were reviewed by a prosecutor for
possible criminal prosecution.137 In some cases,
debt collector
prosecutors are allowed 24 hours to review checks
before the collection company proceeds. And even
partnerships.
then, they may only look at a monthly list of bounced
checks with the check writer’s name and address, • A check writer in Los Angeles who
without evaluating the reason the bank returned the inadvertently bounced a check for $3.87 to
check unpaid or the check writer’s intent. Ralphs grocery store ultimately paid $444.87
to a private check diversion company after she
Consumer rights lawyers estimate that more than 1
was threatened with criminal prosecution and
million consumers are targeted nationwide each year
jail time. Among other fees, she was charged
through district attorney-debt collector partnerships
$225 in missed class fees for a class for which
for collection on bounced checks written to local
she was also charged $150.
merchants and national retailers including Best Buy,
Costco, CVS Pharmacy, Goodwill Industries, Kroger, • A mother of three was threatened with criminal
Lowe’s, Safeway, Staples, Target, Walgreens, and prosecution for bouncing a $41 check when she
Walmart.138 These retailers generally do not contract bought clothing for her children at Goodwill.
directly with the check collection companies. Instead,
major retailers usually contract with check guarantee • A single mother was threatened with criminal
companies such as Certegy and Telecheck, which prosecution and up to one year in jail for
pay the merchant the full face value of the bounced inadvertently bouncing a check for $48 when
check and then attempt to collect the check from the she purchased groceries at Walmart.
consumer.
• A 75-year-old woman living on $800 monthly
The ACLU documented many cases in which Social Security checks had to go without her
consumers had unintentionally written a check medications to pay the fees she believed were
against insufficient funds and were subsequently required to avoid jail time for bouncing a check.
threatened with criminal prosecution and jail (see
These bounced check programs began in the late
details in Appendix I). These include the following
1980s139 and have been subject to numerous lawsuits
cases:
since 2000.140 The Federal Trade Commission took
• A wheelchair-bound retiree living in a senior enforcement action against one company, Check
living facility on a modest fixed income was Investors, Inc., which bought more than 2.2 million
threatened with jail for bouncing a check for checks for pennies on the dollar and collected more
$108 at Walmart for household goods. than $10.2 million from 2000 to 2003.141 After Check
Investors, Inc., was shuttered by court order in 2005 Bounceback, based in Missouri, is another check
and lawsuits were filed against other companies collection company that, according to its website,
in this industry in several states, prosecutors and has contracts with more than 250 district attorneys’
lobbyists for these companies turned to Congress. offices in 29 states, including California, Colorado,
Congress created a loophole that took effect in Florida, Idaho, Illinois, Iowa, Maine, Michigan, New
2006 for collection agencies working on behalf of Mexico, New York, Oregon, Virginia, Washington,
law enforcement, exempting them from the Fair and West Virginia.147 Under these contracts,
Debt Collection Practices Act, which regulates Bounceback sends out letters on district attorney
the actions of third-party debt collectors. Other letterhead explaining that the prosecutor has
companies continue to operate despite regulators’ received a complaint for a bounced check, that this
and consumers’ attempts to challenge these practices. can constitute criminal intent, and a warrant for
As check-writing has dropped off among consumers the check writer’s arrest can be issued. The letters
in the past decade, some of these companies have also do not disclose that they are being sent by a private
partnered with prosecutors to run misdemeanor and company. The letters explain that the recipient can
felony diversion programs.142
avoid criminal prosecution by playing the full amount
One company, National Corrective Group, Inc., listed in the letter and participating in a financial
currently has contracts with more than 140 state education program, plus other fees and charges.
and local district attorney offices.143 Doing business Bounceback charges $145 or more for the financial
as CorrectiveSolutions and formerly known as training course, which it operates. This is often the
American Corrective Counseling Services (ACCS), first demand notice the consumer receives about the
the California-based company reincorporated under bounced check.
a new name in 2009 after declaring bankruptcy
Diversion Solutions, formerly known as Financial
following four class-action lawsuits brought against
it. Several related entities, Victim Services Inc. and Crimes Services, likewise has contracts with
American Justice Solutions, Inc., purchased the prosecutors and police departments in Wisconsin
company’s contracts and assets and took over its and Minnesota for its Check Diversion Program.
operation when the Consumer Financial Protection In 2009, it reported receiving around $1.7 million
Bureau (CFPB) was investigating its practices in in annual payments through its 140 various
2014. The company was valued at over $31 million and diversion programs in those two states.148 In 2010,
brought in over $8.8 million in revenue in 2012.144 The the Minnesota attorney general filed suit against
CFPB took enforcement action against the company Financial Crimes Services, leading the Ramsey
in 2015, entering into an agreement requiring that District Court to issue an injunction, and in 2013
CorrectiveSolutions disclose its identity on letters the state Commerce Department issued a cease-and-
sent to consumers and that prosecutors first review desist order against Check Diversion Program for
cases before letters are sent to debtors. Although that operating without a debt collector’s license.149
agreement was reached in March 2015, at year’s end,
CorrectiveSolutions reported it sent only 10 cases out How Prosecutors Profit From Contracts With
of 3,175 to the prosecutor’s office in Orange County, Check Collection Companies
California, for review in 2015.145
Under these contracts, prosecutor’s offices generally
The company now prints “Victim Services, Inc.” receive half of the administrative fees, while
above the formal district attorney letterhead on its the check collection company receives the other
letters. As of January 2018 it had contracts in 13 half plus the full cost of the mandatory financial
states: Arizona, California, Colorado, Florida, Illinois, education course.150 For example, as of November
Indiana, Iowa, Maryland, Michigan, Minnesota, 2015, the district attorney’s office in Orange County,
Nevada, New Mexico, and Pennsylvania.146 California, had received $2.54 million in total
revenue from its check collection program operated
PROSECUTORS CONTRACTING WITH
by CorrectiveSolutions.151 BOUNCEBACK
Revenues the district attorney’s offices receive from California: Mendocino, San Diego, Siskiyou, Sutter,
these schemes are dropping as fewer people write and Yuba Counties
checks. For instance, revenue generated for the Kent Colorado: 6th Judicial District (Archuleta, La
County, Michigan, prosecutor in 2016 was less than Plata, and San Juan Counties), 13th Judicial District
one-fourth of what it drew four years earlier.152 The (Kit Carson, Logan, Morgan, Phillips, Sedgwick,
proposal that Bounceback submitted to the San Diego Washington, and Yuma Counties), and 20th Judicial
District (Boulder County)
County District Attorney before it was awarded a
contract in 2011 estimated that the program would Idaho: Ada and Kootenai Counties
generate $1.3 million over five years in addition to Illinois: Boone, Kankakee, Logan, McLean, and Mercer
the amount it would recover in restitution, but the Counties
prosecutor’s office reported it actually received Indiana: Greene County
$90,142 under its contract with Bounceback over a Iowa: Pottawattamie County
three-year period from 2012 to 2014.153 Maine: Cumberland and Kennebec Counties
Our research found that as of January 2018, Massachusetts: Northwestern District (Hampshire
prosecutors in the following 200 counties and 17 and Franklin Counties and town of Athol)
sheriffs’ and police departments had contracts with Michigan: Clare, Marquette, Montcalm, Shiawassee,
check collection companies. Some prosecutors and Washtenaw Counties
have recently terminated their contracts, including New Mexico: 5th Judicial District (Chaves, Eddy, and
Carroll County, Indiana; Sierra County, California; Lea Counties)
and Pierce and Spokane Counties, Washington. In New York: Albany, Allegany, Monroe, Onondaga, St.
2013, the Oregon Legislature prohibited public Lawrence, Warren, and Washington Counties
agencies from allowing debt collectors to use their Virginia: Chesterfield, Henrico, Loudoun, Orange, and
seal or letterhead, which prompted some prosecutors Richmond Counties, and Hampton
in that state to terminate their contracts. Also in Washington: Adams, Kitsap, Mason, Thurston, Walla
2013, several prosecutors in Massachusetts ended Walla, and Yakima Counties
their programs after the Boston Globe reported on West Virginia: Cabell and Kanawha Counties
them. Because the district attorneys’ offices and the Wisconsin: Columbia, La Crosse, and Monroe
companies do not generally publicize these contracts, Counties
there may be other prosecutors’ offices with such
contracts that are not listed here.

PROSECUTORS CONTRACTING WITH PROSECUTORS, SHERIFFS, AND POLICE
VICTIM SERVICES, INC. CONTRACTING WITH CHECK DIVERSION
PROGRAM
Arizona: Pinal County
California: Colusa, Glenn, Imperial, Madera, Marin, Minnesota District Attorney offices: Adams,
Mariposa, Nevada, Orange, Placer, Riverside, San Alexandria, Chisholm, Oneida, Pine, Polk, and Todd
Bernardino, San Joaquin, San Mateo, Santa Barbara, Minnesota sheriff and police departments: Carlton
Santa Clara, Santa Cruz, Siskiyou, Sonoma, Tulare, County Sheriff’s Office and Burnsville, Cottage Grove,
and Tuolumne Counties Grand Rapids, Hastings, Henning, Inver Grove Heights,
Colorado: Denver, 14th Judicial District (Grand, Moffat, Menahga, Minneapolis, Orono, Plymouth, Red Wing,
and Routt Counties), 17th Judicial District (Adams and Roseville, St. Paul, Virginia, Wadena, and Waseca
Broomfield Counties), 18th Judicial District (Arapahoe, Police Departments
Douglas, Elbert, and Lincoln Counties), and 21st Wisconsin District Attorney offices: Adams,
Judicial District (Mesa County) Chippewa, Franklin, Kenosha, Lincoln, Milwaukee,
Florida: Broward County, Miami-Dade County, 12th and Winnebago Counties
Judicial Circuit (DeSoto, Manatee, and Sarasota
Counties), and 15th Judicial Circuit (Palm Beach According to the American Bar Association Standing
County) Committee on Ethics and Professional Responsibility,
Illinois: Christian, Clinton, Cook, DeKalb, Edgar, these programs violate basic standards of
Effingham, Jersey, Kendall, LaSalle, Macon, Madison, professional conduct for prosecutors. In an opinion
Moultrie, Putnam, Rock Island, Sangamon, St. Clair,
issued in November 2014, the ABA declared that
Vermilion, Will, and Winnebago Counties
prosecutors violate ethical rules when they provide
Indiana: Allen, Boone, Delaware, Gibson, Hendricks,
Lake, Marion, Noble, Porter, Vanderburgh, and Vigo
letterhead to a debt collection company to threaten
Counties prosecution when no lawyer from the prosecutor’s
Iowa: Dallas, Dubuque, Jefferson, Polk, and Warren office has reviewed the case file to determine whether
Counties a crime has been committed. Without meaningful
Maryland: Anne Arundel, Baltimore, Carroll, review, these letters, the ABA found, are deceptive
Frederick, Harford, Howard, Kent, Prince George’s,, and “misuse the criminal justice system by deploying
and Wicomico Counties the apparent authority of a prosecutor to intimidate
Michigan: Barry, Bay, Genesee, Isabella, Kent, an individual.”154
Livingston, Macomb, Midland, Saginaw, and Wayne
Counties Check collection companies’ partnerships with
Minnesota: Wright County prosecutors’ offices also raise serious due process
Nevada: Carson City and Lyon Counties concerns under the U.S. Constitution. In effect, a
New Mexico: 2nd Judicial District (Bernalillo County),
private party is permitted to use the prestige and
7th Judicial District (Catron, Sierra, Socorro, and power of prosecutors’ offices to coerce individuals
Torrance Counties), 9th Judicial District (Curry and into surrendering property or putting their liberty in
Roosevelt Counties), and 13th Judicial District (Cibola, jeopardy. By lending its authority to a private entity
Sandoval, and Valencia Counties)
seeking to extract these payments, the state actors
Pennsylvania: Allegheny, Armstrong, Berks, Blair, who authorize the programs may violate the due
Bradford, Butler, Delaware, Huntingdon, Lackawanna,
Lancaster, Lawrence, Lehigh, McKean, Monroe,
process rights of collection targets.155
Montgomery, Northampton, Somerset, and York
Counties

Abusive Practices in a Poorly Regulated Industry
Arrest and jailing are the most extreme tactics, but

other abusive practices used by debt collectors—
The FTC received
897,655
including harassment and deceit—are more
widespread and equally effective. The Federal Trade
Commission (FTC) now receives more consumer
complaints about debt collectors than about any
other single industry.156 The agency received 897,655
complaints about debt collection in 2015, more complaints about debt
than triple the number of complaints it received the
previous year.157 The Consumer Financial Protection
collection in 2015.
Bureau (CFPB) received 88,000 debt collection
complaints in 2016.158 In a national survey of conjunction with law enforcement. It also does not
consumer experiences with debt collectors, the CFPB control how courts should safeguard the rights of
found that one in four consumers contacted by debt consumers sued by debt collectors, a responsibility
collectors felt threatened.159 that falls to state legislatures and court systems,
These abusive practices remain largely unchecked which have largely failed to take action to protect
because there is minimal government oversight and consumers.
scant protection from federal and state laws. The Policymakers and regulators rarely intervene to stop
primary consumer protection law is the federal Fair abusive practices. The FTC filed 115 actions against
Debt Collection Practices Act (FDCPA),160 but that debt collection companies in 2015, up from only six
1977 law was last amended more than a decade ago. In in 2013.163 While the CFPB has played a vital role in
2009, the FTC urged Congress to improve consumer regulating debt collectors, it monitors only about
protections and to update the law to reflect changes 2 percent of debt collection companies. And that
in technology and the evolving industry.161 That same limited protection may soon disappear: President
year, the Government Accountability Office also Donald Trump has said that he wants to repeal or
issued a report to Congress finding that the FDCPA dismantle nearly all of the Dodd-Frank Wall Street
did not adequately address these challenges.162 To Reform and Consumer Protection Act, the law that
date, Congress has failed to heed these and other calls created the CFPB. If Dodd-Frank is repealed, the
to amend the FDCPA to better protect consumers. CFPB may be eliminated, or at a minimum defunded
The FDCPA solely governs the practices of debt and defanged. In February 2017, a panel of the Court
collectors. It does not govern the conduct of original of Appeals for the District of Columbia Circuit ruled
creditors, who are exempt from its provisions, nor against the CFPB’s independent leadership. On
does it cover check collection companies working in January 31, 2018, the full court reversed this ruling
and rejected the constitutional challenge to the

structure of the CFPB, siding against the Trump Such examples abound. One Texas-based collection
administration, which filed a brief against the CFPB. agency, Goldman Schwartz, was shut down by
The court’s divided decision may be reviewed by the the FTC for its abusive tactics, including telling
Supreme Court. consumers “we can take you to jail” or “we’ll send
the sheriff’s department to your job and take care
Monitoring collection agencies falls almost entirely of this the hard way.”167 Collectors with Audubon
on the overburdened offices of state attorneys Financial Group, another collection company in
general. They are tasked with enforcing state laws Texas, impersonated law enforcement, identifying
that prohibit individuals and companies that collect themselves as a “law enforcement debt agency.”168
debts from engaging in unfair and deceptive acts and Collectors working for payday lenders in South
practices. But those offices are often overmatched by Dakota were using false titles designed to sound
debt collectors’ lawyers and their lobbyists. Bills that like law enforcement agencies.169 Employees of a
place tighter restrictions on debt collection practices Georgia-based firm, Williams, Scott & Associates,
are often killed or watered down in state legislatures. claimed to be detectives or investigators for local
The industry has also been vocal in trying to weaken law enforcement agencies and threatened debtors
the CFPB.164 who took out payday loans with immediate arrest
and imprisonment if they didn’t pay.170 West Asset
Without meaningful regulation and enforcement,
Management Inc., a Nebraska-based company with
the use of arrest warrants is rampant and underlies
collectors in 13 states, settled a lawsuit brought by
a range of coercive and abusive collection practices.
the FTC for abusive practices, including threatening
Even when debt collectors cannot possibly secure
to arrest people who owed money.171
criminal prosecution or jailing for an unpaid debt,
some have falsely threatened debtors with such Millions of consumers were targeted by Northern
sanctions anyway, especially when collecting payday Resolution Group LLC and Enhanced Acquisitions
loans. And even before bringing collection actions, LLC (later Delray Capital LLC), which purchased
some have pretended to have legal authority or falsely tens of millions of dollars of consumer debt for
threatened debtors with criminal prosecution if they pennies on the dollar and engaged in illegal collection
do not pay the debt. practices, including impersonating law enforcement
and court officials and threatening borrowers with
For instance, one debt collection company in
arrest if they didn’t pay up.172 The CFPB and the New
Pennsylvania, Unicredit America, Inc., hired
York attorney general sued this network of companies
employees to dress as sheriff’s deputies to deliver
in November 2016, alleging that they had violated
fake subpoenas, falsely decorated its office to look
the FDCPA and the Dodd-Frank law, which prohibits
like a courtroom, and held fake legal proceedings
unfair and deceptive acts or practices in the consumer
to convince debtors that they were being criminally
financial marketplace. The suit is moving forward,
prosecuted, in an attempt to scare them into
and the plaintiffs recently asked a judge to force the
paying.165 Collectors working for a California-based
defendants to turn over documents.
company, Broadway Global Master Inc., posed as
law enforcement officers from fake government In 2015, the FTC and the New York Attorney General
agencies with names like the “Federal Crime Unit of sued Vantage Point Services LLC—a Buffalo-based
the Department of Justice.” The FTC sued Broadway company—and two of its affiliates for pressuring
Global Master Inc. for tricking people into paying debtors into paying $45 million by threatening arrest
debts they did not owe. Under a settlement agreement and criminal prosecution. Based on thousands of
reached in 2015, the company was banned from the audio recordings, dozens of telephone scripts used
collection business and ordered to pay more than $4.3 by collectors, hundreds of consumer complaints, and
million, of which the company paid only $608,500 due corporate documents, the suit alleged the companies’
to inability to pay.166 employees told debtors that they were working
CASE STUDY
Jailed for four days for a credit

card debt
Helen Brown173 was jailed for four days after guard, disrupting her sleep, and she suffered
she was found in civil contempt for failing to multiple insect bites and bruises.
answer interrogatories sought by a collection
agency. The Court of Common Pleas of A Pennsylvania-based collection company,
Dauphin County, Pennsylvania, ordered her Commonwealth Financial Systems, Inc., had
to pay $250 in attorney’s fees and issued a obtained a default judgment for $23,307
bench warrant directing the sheriff to arrest against Brown and pursued collection even
her. In the early morning hours of February though the collection agency knew she had
17, 2013, she was arrested, handcuffed, and filed for bankruptcy. She worked as a bar and
taken away from her home. A single mother, table server at a veterans’ organization for $9
she told the police that her 15-year-old son an hour. She missed 40 hours of work while
was sleeping in the house, and despite in jail, plus an additional 20 hours of work
her pleas, the police did not allow her to because her employer couldn’t schedule
tell her son what was happening to her. her for work when her whereabouts were
Brown was jailed for four days in Dauphin unknown. She suffered embarrassment
County Prison. None of the prison guards or about her arrest when meeting with
officials could tell her why the warrant had teachers at her son’s school and when she
been issued against her, and she was not explained to her son and her employer
allowed to use a telephone for the first 48 what happened to her. Her elderly mother
hours of her incarceration. She was housed received an anonymous mailing of a list of
in a large common area of the jail with 10-15 prison detainees, which included her name.
other prisoners, some of whom were yelling She continued to suffer anxiety, difficulty
and two of whom were showing withdrawal sleeping, and stomach problems after her
symptoms. Fearful for her safety, anxious incarceration, but because she did not have
about the whereabouts of her son, and health insurance she was unable to seek
deeply worried she would lose her job, she medical treatment. A court later awarded her
did not eat or use the bathroom. She was $10,000 in damages for emotional distress
subjected to 15-minute bed checks by a caused by her incarceration.176
for or on behalf of district attorney’s offices or the agreed to pay her $17,500 under a settlement
“Financial Crimes Division,” and that if they didn’t agreement.177
pay, uniformed officers would come to arrest them.174
• A 78-year-old woman in Dayton, Ohio,
The ACLU found numerous other cases in which reported that she received multiple phone
alleged debtors were subjected to abusive collection calls from a debt collector claiming to be with
practices, including the following examples: a prosecutor’s office, falsely claiming that a
prosecutor had issued a warrant for her arrest
• Oxford Management Services, Inc., was sued due to unpaid medical bills.178
by a woman in Huntsville, Texas, for repeatedly
calling her while her husband was in Iraq, • A single mother in Detroit, Michigan, who had
threatening her with jail and loss of custody of struggled to pay her car loan after she lost her
her children if she did not pay a debt that she job and was no longer able to pay when her
had previously arranged to pay with a home unemployment checks ran out, complained
equity loan.175 The debt collection company to the CFPB that she was contacted by a debt

collector who claimed to be a detective and told debt collectors threatened to kill their dog or have
her that they were coming to arrest her and their children taken away by child welfare services
that she was going to jail for car-napping.179 if they did not pay.185 In one case, an elderly woman
subsisting on Social Security benefits was told that if
• An Arizona couple who fell behind on the she did not pay the funeral expenses for her husband,
auto loan for the family’s only vehicle, which the collection firm would get a court order to dig
they both used to get to work and to take
up her husband’s body and repossess the casket.186
their children to school, received numerous
These threats and tactics are all plainly illegal under
threatening calls from their auto lender. Even
the FDCPA.
though they had filed for bankruptcy, the debt
collector threatened to proceed with criminal
Violations of Federal and State Consumer
charges, to send law enforcement officials to
Protection Laws
their home, and to have the husband arrested.
A court later awarded the couple $3,000 each The exploitative and abusive practices of many
for emotional distress and $480 in lost wages.180 creditors and debt collectors described in this report
violate several federal and state statutes, including
• A Texas couple sued a debt-buying company for exemption statutes, consumer protection laws, and in
threatening them with jail time in an attempt extreme cases, criminal extortion statutes.
to collect an old credit card debt the collector
knew had been discharged when the couple Even when debtors are not arrested and jailed, the
filed for bankruptcy. The couple presented threat of a warrant being issued is often enough
23 threatening voicemails as evidence in to coerce them into paying even when they are
their lawsuit, including several in which subsisting on Social Security or disability benefits or
the company’s collectors misrepresented other income that is legally shielded from collection.
themselves as various legal authorities. The In many cases, debtors took out high-interest
court awarded them $17,000 in actual damages payday loans, borrowed from friends or relatives,
and attorneys’ fees.181 surrendered public benefits, or went without food or
medication to avoid the threat of jail.
• A Georgia woman sued a debt collector for
repeatedly threatening to put her in jail if she While laws exempting certain assets from collection
did not make immediate payments toward an differ from state to state, they generally protect
$800 loan the company claimed her daughter Social Security payments, pension income, veterans’
owed. She testified that she was so afraid of benefits, child support and alimony, unemployment
incarceration that she borrowed money to compensation, worker’s compensation, disability
make biweekly payments, even when her power benefits, and certain percentages of wages.187 Debtors
was turned off because she didn’t have the who survive solely on income that is exempt from
money to pay her utility bill. When she missed attachment are not required to make payments until
a payment, the collector claimed to have their financial situations change.188 Exemption laws
contacted the local Sheriff and demanded she exist to prevent debtors from becoming solely reliant
pay $1,200. The court awarded her $26,600 in on taxpayer support for basic subsistence.189 For low-
damages and attorneys’ fees.182 income debtors with salaries, wage garnishment may
be unavailable because federal and state laws protect
In some instances, collectors have called debtors and much of the disposable income of the poorest earners.
falsely claimed that a warrant for their arrest has
been issued and could be recalled if they immediately Creditors and debt buyers often request debtor’s
make a payment.183 In other cases, collectors have examinations and arrest warrants automatically,
sent fake arrest warrants to coerce people to pay.184 regardless of a debtor’s financial circumstances, and
In the most extreme cases, people have reported that judges often issue warrants without first evaluating
whether the debtor has any non-exempt assets to pay use of a “badge, uniform or facsimile thereof;” falsely
the judgment.190 For instance, according to a lawsuit representing or implying that “nonpayment of any
filed by the Attorney General of Massachusetts, one of debt will result in the arrest or imprisonment of any
the largest debt collection law firms in Massachusetts person” or that the “consumer committed any crime;”
arranged for a sheriff or constable to serve or using written communication that “is falsely
consumers with civil arrest warrants even when the represented to be a documented authorized, issued,
firm was aware they subsisted only on exempt income or approved by any court, official or agency of the
like disability payments. The firm, Lustig, Glaser & United States or any State.”197 When debt collectors
Wilson, P.C., told consumers that they could “avoid pose as law enforcement, send documents as if they
the need for the further involvement of the Constable are from the court, threaten criminal charges, and
or Sheriff” if they would make voluntary payment wrongly assert their power to send debtors to jail,
arrangements. In one case, the firm obtained a civil they violate the law.
arrest warrant against a 90-year-old woman. The
state’s suit argued that the firm, which filed 100,000 Check collection companies’ partnerships with
lawsuits over four years, sought arrest warrants prosecutor’s offices also likely violate the FDCPA
“in order to frighten and harass consumers, and to except insofar as the private companies fall within
coerce consumers into making payments from Social the limited statutory exemption for certain entities
Security benefits, and other exempt income.”191 operating “a pretrial diversion program for alleged
Under a consent judgment reached in July 2017, the bad check offenders.”198 However, the companies
firm agreed to pay $1 million in restitution and to operating these programs should qualify for the
stop seeking warrants when it has reason to believe a statutory exemption only if they are subject to
consumer has only exempt income or assets.192 meaningful oversight by a prosecutor’s office on
each individual bad check case. To the extent that
Many debtors are unaware of exemption laws, a communications from private companies create the
significant problem because debtors must affirmatively false or misleading impression that they emanate
claim exemption rights.193 But deficiencies in notice from a prosecutor’s office or other state agency, they
and the lack of access to counsel leave most debtors violate the law.199 Similarly, to the extent that such
without a way to learn about these rights. This communications falsely represent that they have
makes it imperative that judges review payment been sent by an attorney, or that nonpayment of the
plans, including out-of-court settlements, to ensure debt will result in arrest or imprisonment, they also
that debtors are not coerced into forfeiting exempt violate the law.200
assets. Further, creditors and debt collectors should
be held accountable each time they unlawfully receive While prohibiting a wide range of abuses, the FDCPA
payments from exempt sources. only applies to debt collectors and excludes original
creditors that collect their own debts.201 Given
Many of the practices documented in this report such restrictions, more stringent state consumer
clearly violate the FDCPA and similar state statutes. protection laws act as critical tools to hold creditors
Under the FDCPA, debt collectors may not engage accountable. For example, California, Iowa, and
“in any conduct the natural consequence of which Texas define debt collectors to include creditors.202
is to harass, oppress, or abuse.”194 Debt collectors Other state laws are less explicit, but many state
may not “use any false, deceptive, or misleading courts have interpreted such statutes as applying
misrepresentation.”195 They may not represent or to creditors.203 Some states have laws that prohibit
imply that nonpayment of any debt will result in creditors and debt collectors from threatening to
arrest or imprisonment unless such action is lawful have debtors arrested unless permitted by law.204 The
and the collector intends to do it.196 Debt collectors FDCPA recognizes that certain states afford greater
are prohibited from misrepresenting themselves as protections to consumers and explicitly affirms that
being affiliated with the U.S. or any state including by persons are not exempt from such state requirements

as long as they are consistent with the FDCPA.205
Although some states have broader statutes,
consumers in other places without expansive laws
may lack basic protections from abusive creditors.206
In the most egregious cases, the abuses may

constitute criminal coercion or extortion.207 While
each state’s laws are different, many statutes
prohibit the extortion of money or property by a
number of means, including by threatening to accuse
a person of committing a criminal offense or by
subjecting them to humiliation, hatred, or ridicule.208
As shown in this report, creditors and debt collectors
sometimes intimidate debtors by threatening to
press charges or have them thrown in jail. When
creditors or debt collectors extract payments through
such practices, their actions may constitute a crime
when criminal intent can be proven.209

Breaches of Fundamental Human Rights
The abuse of contempt proceedings and the subsequent meaningfully participate in the proceedings, remains
incarceration of debtors implicate a range of funda- essential for the right to a fair trial. The Committee
mental human rights. Article 9 of the International encourages states to provide free legal aid in civil cases
Covenant on Civil and Political Rights (ICCPR), which where individuals are unable to afford it.215 Access to
the United States ratified in 1992,210 recognizes the legal counsel would provide an important check against
right to liberty and prohibits arbitrary detention.211 the abuse of contempt proceedings and protect debtors
from unlawful coercion by creditors and debt collectors.
The Human Rights Committee, the treaty body that
monitors the implementation of the ICCPR, broadly The right to counsel for incarcerated individuals,
interprets arbitrariness to include elements of regardless of whether the incarceration is a result of
“inappropriateness, injustice, lack of predictability a civil or criminal process, is enshrined in additional
and due process of law, as well as elements of human rights instruments and may constitute
reasonableness, necessity and proportionality.”212 customary international law. For example, Principle
Without adequate protections for debtors, their 17 of the Body of Principles for the Protection
incarceration may constitute arbitrary detention in of All Persons under Any Form of Detention or
violation of the ICCPR. Imprisonment, passed by the U.N. General Assembly
Moreover, Article 14 of the ICCPR states that all in 1998, states that a “detained person shall be entitled
persons are equal before courts and tribunals, and it to have the assistance of a legal counsel.”216 Principle
entitles all individuals to a “fair and public hearing 9 of the Basic Principles and Guidelines on Remedies
by a competent, independent, and impartial tribunal and Procedures on the Right of Anyone Deprived of
established by law.”213 As this report describes, the His or Her Liberty by Arrest or Detention to Bring
systemic deficiencies in state court debt litigation—lack Proceedings Before Court states that any “persons
of judicial scrutiny, the proliferation of automatic deprived of their liberty shall have the right to legal
default judgments, deficient evidence, and the assistance by counsel.”217 Arrest warrants issued
incarceration of debtors as a result of pervasive abuses against debtors and their subsequent incarceration
of the contempt process—all raise significant concerns most often occur without assistance of counsel, in
about the fairness and competency of these court violation of these standards.
proceedings.
The United States has signed but not ratified the
Further, the guarantee of equality before the courts International Covenant on Economic, Social and
in the civil context requires that “each side be given Cultural Rights (ICESCR),218 and so while it is not fully
the opportunity to contest all the arguments and bound by the treaty, it is required to refrain from acts
evidence adduced by the other party.”214 The Human that would defeat the object and purpose of it.219
Rights Committee recognized that legal assistance, The ICESCR provides for the right to an adequate
which often determines whether an individual can standard of living, including adequate food,

collectors who use the threat of incarceration and
CASE STUDY
abuse the justice system to secure arrest warrants to
Jailed for a medical debt extract payments from debtors. Such behavior uniquely
Denise Zencka, a affects indigent defendants, who may be forced to
cancer survivor and subsist below an adequate standard of living. In a 2016
mother of three, was ruling, the Constitutional Court of South Africa found
arrested in Indiana that the lack of judicial oversight of post-judgment
in January 2013 for collection actions to extract payments violates debtors’
outstanding medical rights and poses a threat to “the livelihood and dignity
bills for her cancer
of low-income earners, a distinctly vulnerable group in
treatment. Diagnosed
with thyroid cancer our society,” and that “taking away the basic income
and unable to work that indigent debtors rely on for subsistence, without
for four months due to court supervision, rubs right up against the right to
the cancer treatment, she was staying with dignity (which underlies all the socio-economic rights of
her parents in Florida as she was recovering housing, food and health care).”222
from the treatment. While she was out of
state during that period, she was unaware Creditors and debt collectors should also respect
of and unable to attend small-claims court human rights. Specifically, the U.N. Guiding Principles
hearings in Lake County, Indiana, to recover on Business and Human Rights calls on businesses
medical bills for her cancer treatment
to avoid causing adverse human rights impacts,
that she was unable to repay. Three arrest
warrants for civil contempt were issued prevent and mitigate such impacts, and cooperate
against her for failure to appear. Even though with remediation processes when human rights
Zencka had filed for bankruptcy, officers abuses occur.223 Under such principles, creditors and
of the Lake County Sheriff’s Department debt collectors are obligated to refrain from coercive
came to her home in Crown Point, Indiana, practices. These Guiding Principles also require
to arrest her. Still dressed in her pajamas, states to enforce laws that require businesses to
she was arrested in front of her eight-year-
respect human rights and to encourage and require,
old autistic son, four-year-old son, and
12-year-old daughter. She was incarcerated when appropriate, that businesses report how they
overnight. She was initially held in a large are addressing their human rights impacts.224 This
holding cell with several men before she obligation also applies to federal and state judicial
was told to climb stairs to a holding cell for systems, which must work to ensure that creditors and
women. She says her blood pressure rose debt collectors do not abuse the contempt process to
to a high level, which concerned her given unlawfully extract payments from debtors.
her history of seizures and strokes. Because
Zencka was unable to climb the stairs to the Lastly, as this report describes, the incarceration of
women’s section, she was held in a men’s debtors disproportionately affects communities of
mental health unit of the jail with glass
color.225 Many human rights instruments, including
walls that allowed the male prisoners to see
everything she did, including use the toilet. the Universal Declaration of Human Rights, ICCPR,
She says she was verbally abused, denied ICESCR, and the International Convention on the
medicine, denied feminine hygiene products, Elimination of All Forms of Racial Discrimination
and exposed to lewd and “trauma-inducing” (ICERD), require that rights be recognized “without
behavior, including one man who wiped his distinction of any kind,” including by race.226 The
feces on the wall of their shared cell.221 disparate impact of abusive private debt collection
practices on communities of color represents
clothing, housing, medical care, and the continuous a violation of the international standard of non-
improvement of living conditions.220 This minimum discrimination, which explicitly recognizes evidence of
protection is often violated by creditors and debt disparate impact as indicative of discrimination.
Recommendations
The ACLU makes the following recommendations In the absence of a complete ban on the
to preserve the integrity of the courts and protect issuance of arrest warrants in debt collection
alleged debtors against the unconstitutional and cases, strictly limit the use of arrest warrants
for judgment debtors.
abusive debt collection practices documented in this
report. (Recommendations for state legislatures and
state and local courts)
• Issue an order giving the judgment debtor 90

Arrest Warrants—Recommended days to 1) appear at the court or 2) provide the
Reforms post-judgment discovery if the judgment debtor
fails to appear for the post-judgment hearing or
Prohibit the issuance of arrest warrants in comply with the court-ordered discovery order.
debt collection cases.
Explain in the order that the court may
(Recommendation for state legislatures and issue a warrant if the judgment debtor does
state and local courts) not comply.
• Prohibit courts from issuing any “body Require the order to be served by certified
attachment,” “capias warrant,” “writ of mail or in hand.
attachment,” or warrant for contempt, failure
to appear, or failure to comply for the arrest of a • Issue a warrant at the end of the 90-day period
debtor in debt collection cases. only if the judgment creditor 1) submits
proof that notice was actually received by the
Enact federal legislation prohibiting the use consumer and 2) submits a proffer of evidence
of arrest warrants in debt collection cases. that the judgment debtor has non-exempt
income or assets.
(Recommendation for the U.S. Congress)
• Defendants should not be taken into custody
• Amend the Fair Debt Collection Practices Act
pursuant to any new or pre-existing warrant.
(FDCPA) to prohibit debt collectors from using
Instead, release judgment debtors on their own
or seeking warrants for the arrest of alleged
recognizance, with no conditions, upon service
debtors.
of the warrant or hold the post-judgment
hearing the same day they are taken into
custody.

• Clarify that the warrant is fully satisfied once • Require any post-judgment discovery to include
the judgment debtor provides information a list of all types of income and assets that are
about income and assets. exempt. This form should explain how to claim
these exemptions.
• Require that the warrant expire 180 days after
it is issued. • Require judgment creditors to pursue all out-of-
court post-judgment discovery options before
• State and local courts should codify the requesting a post-judgment hearing.
aforementioned protections by issuing a
judicial bench card that creates guidelines
Provide effective notice of the post-judgment
for judges to prevent the abuse of contempt hearing and alternative means of appearance.
of court authority in civil debt collection
proceedings. (Recommendations for state legislatures and
States that permit judgment debtors to be • Require service of the notice of the post-
held overnight for a post-judgment hearing judgment hearing by certified mail or in hand.
must adopt additional protections.
(Recommendations for state legislatures and • Require the notice to include a list of all types of
state and local courts) income and assets that are exempt. This form
should explain how to claim these exemptions.
• Set bail the same day that the individual is
taken into custody. • Provide alternatives such as telephonic or
video appearances to allow people to attend the
• Set bail based on an individual’s ability to pay. hearing without physically appearing in court.
• Set bail at the minimum required to secure
attendance at the hearing (including $0), not Ensure due process protections at post-
judgment hearings.
the amount of the debt.
(Recommendations for state legislatures and
• Prohibit money bonds from being turned over state and local courts)
to judgment creditors.
• Require the court to engage in a colloquy to
• Prohibit requirements that judgment debtors review any settlement agreement and confirm
post bail in cash. that it does not require payment from exempt
income or assets.
• Provide court-appointed counsel to indigent
defendants in post-judgment proceedings at • Require that post-judgment proceedings be
which a warrant may be issued that may result conducted entirely in the judge’s presence and
in their incarceration. memorialized through court reporting and/or
audio recording.
Decrease the likelihood that consumers need
to appear in court post-judgment. • Prohibit the court from scheduling any further
post-judgment hearings unless the judgment
(Recommendations for state legislatures and
creditor provides evidence that there may be
additional income or assets.
• Develop robust options for discovery of
income and assets outside of court, such as
standardized forms that can be filled out by
mail, phone, or online.

Prohibit courts from issuing orders to pay. stipulate that they will not seek or threaten to
(Recommendation for state legislatures and seek warrants for the arrest of debtors.
• Prohibit courts from ordering a judgment

debtor to pay or imprisoning an individual who
Bad-Check Enforcement Programs—
fails to comply with an order to pay.227 Recommended Reforms
Take enforcement action to curb the abusive End bad-check enforcement programs run by
use of warrants in debt collection cases. private check collection companies.
(Recommendations for state attorneys general, (Recommendations for district attorney offices
the Consumer Financial Protection Bureau, and state legislatures)
and the Federal Trade Commission)
• District attorney offices should terminate
• Bring enforcement actions against creditors contracts with private companies for the
and debt collectors who use warrants to administration of bad-check enforcement
frighten consumers or to coerce them into programs.
making payments from exempt income, or
• State legislatures should pass legislation
who falsely claim to have legal authority to jail
prohibiting district attorney offices and
consumers in order to coerce payments.
other public agencies from contracting with
• Enter into consent or remediation agreements private companies to operate check diversion
with creditors and debt collectors, to ensure programs.
they do not use warrants in collection cases.
In the absence of a complete ban on bad-
• Investigate whether the use of post-judgment check enforcement programs run by private
warrants has a disparate impact on particular companies, enhance consumer protections.
communities. (Recommendations for state legislatures and
district attorney offices)
Issue regulations or advisory opinions to curb
the abusive use of warrants in debt collection • Prohibit district attorney offices and other
cases. public agencies from allowing private debt
(Recommendations for state attorneys general, collectors to use their seal or letterhead.
the Consumer Financial Protection Bureau, and
• Prohibit referral if the balance is less than the
the U.S. Department of Education)
minimum dollar threshold for prosecution
• Issue regulations or advisory opinions under state law.
clarifying that using a warrant to coerce
• Require individual review by the district
payment or frighten alleged debtors violates
attorney for each account that goes to the check
state and federal consumer laws.
diversion program and set up a mechanism to
• Publish know-your-rights information for audit this internal review.
consumers regarding their rights under federal
Require that for a debt to be referred, the
and state law when threatened or served with a
district attorney must first confirm that
warrant in debt collection cases.
1) the consumer received at least two
• Ensure that all contracts with attorneys notices of the unpaid check, 2) the district
collecting unpaid federal student loans attorney’s office would otherwise prosecute

this case but for the check diversion Other Due Process Deficiencies in
program, 3) there is no evidence that the
consumer stopped payment for a reason
Debt Collection—Recommended
that is legal under federal law U.CC. § Reforms
4-403, and 4) the consumer is not listed in
any government databases as receiving Ensure due process protections for
government benefits. defendants in debt collection lawsuits to
reduce default judgments.
• Require standard language in letters that can (Recommendations for state and local courts)
be set by regulation.
• Amend court rules to increase judicial
• Limit the fees that private collectors can scrutiny over applications for default
charge to no more than the amount of the not- judgment by requiring debt buyers to produce
sufficient-funds (NSF) checks fee set by state documentation that the lawsuit was brought
law. prior to expiration of the statute of limitations
• Require any money generated by bad-check and to disclose if the debt is time-barred.
enforcement programs beyond restitution • Modify rules to permit entry of default
be paid to a legal services fund to represent judgment against a defendant only after the
individuals with consumer debts. defendant has received timely and actual notice
• Prohibit requirements for diversion seminars of the summons and subsequently fails to
or require free online alternatives. appear at a trial setting.
• Adopt transparent reporting requirements • Require plaintiffs filing petitions to collect

for district attorney offices, including the consumer debt to provide evidence of the
number and details of cases referred for private debt, e.g., documentation of all assignments
collection, the terms of its diversion program demonstrating the plaintiff’s right to collect the
agreements, and revenue generated for the debt from the consumer.
government and the company. • Chief justices or presiding judges of higher
courts should exercise their administrative
Take enforcement action and issue oversight authority to more closely supervise
regulations to curb private companies’ local or municipal courts, to determine whether
misuse of bad-check enforcement programs.
they are complying with existing law and court
(Recommendations for the Consumer Financial rules in the adjudication of debt collection
Protection Bureau and state attorneys general) lawsuits, and to recommend best practices.
• Issue regulations or advisory opinions to • State bar associations and legal aid offices
clarify which actions by bad-check enforcement should create projects that provide same-
programs violate federal and state consumer day legal assistance in the courthouse for
protection laws. consumers in civil debt collection cases. At a
minimum, they should provide legal advice for
• Bring enforcement actions against debt
pro se litigants and offer limited assistance
collectors operating bad-check enforcement
representation at their court appearances.
programs outside the limited exemption
embodied in 15 U.S.C. § 1692p(a).

Acknowledgments
This report was researched and written by Jennifer Associates; Scott Kinkley, Northwest Justice Project;
Turner, Principal Human Rights Researcher in Jennifer Gaughan, Legal Aid of Nebraska; Kevin
the ACLU’s Human Rights Program. Terry Tang, Ruser and Ryan Sullivan, Nebraska College of Law
Director of Publications and Editorial, edited Civil Clinic; Allen Schwartz, Coordinated Advice
the report. It was also reviewed by Jamil Dakwar, & Referral Program for Legal Services (CARPLS);
Director, Human Rights Program; Nusrat Choudhury, Michelle Weinberg, Legal Assistance Foundation
Senior Staff Attorney in the ACLU’s Racial Justice of Metropolitan Chicago (LAF); John Roska, Land
Program; and Dennis Parker, Director of the ACLU’s of Lincoln Legal Assistance; Carla Leticia Sanchez-
Racial Justice Program. Legal intern Sara Robinson Adams, Texas RioGrande Legal Aid, Inc.; Paul Arons,
provided invaluable legal research and writing Law Office of Paul Arons; Blythe Chandler, Terrell
assistance. Technology intern Dhruv Mehrotra Marshall Law Group PLLC; Christina Henry, Henry,
provided invaluable research assistance by finding DeGraaff & McCormick, P.S.; Michael A. White,
and analyzing court records data. Legal assistant The Law Offices of Michael A. White, LLC; Michel
Thaddeus Talbot provided invaluable administrative Phillips; Thomas Gokey, Laura Hanna, Luke Herrine,
and research assistance for this report. and Astra Taylor, The Debt Collective; Susan Shin,
New Economy Project of New York; Lisa Stifler,
The ACLU thanks the numerous consumer rights, Center for Responsible Lending; Dalié Jiménez,
legal aid, and poverty rights lawyers and advocates University of Connecticut School of Law; and Martha
who assisted us in our research. In particular, we Bergmark, Voices for Civil Justice.
thank April Kuehnhoff, National Consumer Law
Center; Emanwel Turnbull, The Holland Law The ACLU extends its deepest gratitude to the
Firm, P.C.; Marceline White, Maryland Consumer consumers who shared their stories for this report.
Rights Coalition; Amy Hennen, Maryland Volunteer
Lawyer Service; Katherine Rybak, Indiana Legal
Services; Michael Tafelski, Georgia Legal Services
Program; John Smith and Katie Johnson, Legal
Aid of Western Michigan; Lorray Brown, Michigan
Poverty Law Program; Nadine Cohen, Matthew
Brooks, and Jade Brown, Greater Boston Legal
Services; Thomas Beauvais, Volunteer Lawyers
Project; Ginger Haggerty, The Midas Collaborative;
George K. Weber, Northeast Legal Aid; Catherine
Rizos, Massachusetts Legal Assistance Corporation;
Marie DeFer, Lakeshore Legal Aid; Michael
Nelson, Mike Nelson Law; Ian Lyngklip, Lyngklip &

Appendix I: Case Studies
Case Studies: Arrest Warrants and service or proof of actual notice of the order to
attend the debtor’s exam; rather it requires only an
Jailing in Debt Collection Cases attempt to serve the order at the person’s last known
residence or place of employment. In Ms. R’s case,
Medical Debts the order to appear in court was left with a colleague
The ACLU documented the arrests of people in at the restaurant where she worked and it was never
connection with post-judgment proceedings to collect given to her, and there was no proof of service in the
debts to ambulance services, pharmacies, addiction court file. An arrest warrant was issued against her
service providers, radiology offices, surgery centers, for contempt of court for failure to appear. She was
women’s health care providers, urgent medical searched, forced to change out of her clothing and
care providers, pediatric clinics, rehabilitation into a jail uniform, and placed in a locked jail cell
services, doctors, and dental offices. We documented with plywood covering the window. Because she did
numerous cases of arrest warrants and jailing for not have the money to pay bail, she was jailed for two
medical debts in Maryland, Nebraska, and Idaho, as hours until her father could arrive with the $100 to
well as some cases in Arkansas, Indiana, Kansas, bail her out.
Tennessee, Utah, and Washington. For instance, in
Maryland we documented hundreds of cases in which Ms. W229 of Lawrence, Kansas, was arrested three
people were jailed for medical debts of under $1,000, times on civil bench warrants for contempt for
including cases in which people were arrested in failure to appear at a hearing to provide information
cases involving debts of $217.50 and $230 owed to an about her income and assets. She owed a medical
addiction service provider. debt to Stormont Vail Healthcare Inc. in Topeka for
a hospital stay while she was uninsured, and the
In Nebraska, Ms. R,228 a single mother who works as creditor was seeking to collect on a judgment for
a waitress, was arrested in her home in front of her $5,236.59. Each time Ms. W did not appear in court,
children one evening for failure to appear in court the Shawnee County District Court issued a bench
over a $176.50 medical debt. When she asked law warrant for her arrest at the request of the creditor.
enforcement officers at the time of her arrest and She was arrested in October 2013 and required to
when she was booked at the county jail what she was post a $150 cash bond. She had previously been
being arrested for, they told her they didn’t know. She arrested by the Shawnee County Sheriff on bench
had been summoned to court for a “debtor’s exam” to warrants in July and August 2012, and after each
answer questions about her income and assets, but arrest she was required to pay cash bonds of $50 and
she had not received notice of the hearing (called an $100. In all three cases, the cash bonds she paid were
“Order in Aid of Execution”). In Nebraska, debtors forfeited to the creditor.
often are not aware that they have been ordered to
appear in court, as the law does not require personal

Ms. W worked as an outreach and enrollment after he was sued in small-claims court and had a
specialist at the Heartland Community Health default judgment entered against him. The creditor’s
Center in Lawrence, Kansas, helping people enroll attempt to garnish his wages failed because he was
in and navigate the Affordable Care Act (ACA). unemployed. He did not show up after the court
She was working to pay off the medical debt and issued a notice to appear at a hearing regarding the
support her family while trying to help others unpaid debt, and a Tremonton Justice Court judge
without adequate medical insurance avoid similar issued a bench warrant for his arrest. Iverson had
troubles. When a local press outlet discovered the struggled financially since the death of both his
existence of an outstanding arrest warrant, the parents in a car crash, and though he had previously
ensuing local and national press coverage tarred worked as a welder and a heavy equipment operator,
her. Journalists incorrectly suggested the warrant he was out of work and living in his parents’ home at
was criminal rather than civil in nature, and some the time of his arrest. The court did not appoint an
media outlets and political pundits used the existence attorney to represent Iverson.
of the warrant against Ms. W to argue that ACA
navigators posed a risk of identity theft. A state In the two years before Iverson’s death, 13 people had
senator subsequently introduced new legislation to been jailed on civil bench warrants in the northern
place more stringent restrictions and regulations Utah county jail where Iverson was held. The county
governing ACA navigators. Ms W. had in fact passed has fewer than 50,000 people, and that court handled
a background check and was unaware of the warrant only 410 civil cases during the previous year.232
until the media coverage, and she hastened to satisfy Statewide, in 2016, Utah district court and justice
the warrant by appearing in court and paying the court judges issued 5,831 bench warrants in civil
bond. Ms. W’s employer defended her, issuing a cases, a 6 percent increase over the previous year,
statement that said, “We support her commitment according to state courts system data.233
of helping the uninsured to obtain coverage that
could help prevent the difficult circumstances she has Student Loans and Other Education Debts
experienced first-hand.” The ACLU documented cases of arrest warrants
issued to collect unpaid federal and private student
Rex Iverson got a knock on his door early one loans, online for-profit education course fees, school
Saturday morning in January 2016. A deputy textbook fees, and two cases in which parents were
sheriff was there to serve Iverson with a $350 bench arrested in cases to collect preschool fees. We
warrant issued by a Utah justice court shortly after found arrest warrants issued by federal judges for
Christmas. Iverson was arrested and jailed at Box contempt of court—either for failure to appear at a
Elder County Jail. Jail officials asked Iverson whether judgment debtor exam or for failure to comply with
he had the money to post bail; because he did not, they a court order compelling discovery responses—in
took him to a holding cell to wait while the booking student loan collection cases in California, Florida,
process was completed. Later that afternoon, Iverson Minnesota, and Texas. The Department of Education
was found unresponsive, alone in the holding cell. had sued and obtained judgments against these
He was declared dead shortly afterward. A police alleged debtors for defaulted student loans. We
investigation later determined that Iverson, who also documented cases in which judges threatened
was 45 years old, had killed himself with strychnine to issue arrest warrants in federal student loan
poison rather than stay in jail.230 collection cases in California, Connecticut, and
Tennessee.
Iverson had committed no crime. He was
incarcerated for failing to appear in court over an According to the U.S. Marshals Service in Houston,
unpaid bill for a ride to the hospital on Christmas Eve its office processed 25 arrest warrants for people
two years earlier that cost him more than $2,000.231 who missed court appearances in connection with
Iverson had no means to pay the medical debt, even unpaid federal student loan debts during 2015.234

Over the last 10 years, there have been an estimated issued a warrant for her arrest. Mozie says she didn’t
225 arrests in student loan cases in the U.S. District know that a warrant had been issued until she was
Court for the Southern District of Texas alone.2358 The arrested.
U.S. Marshals Service did not adequately respond
to a Freedom of Information Act request filed by the Three armed U.S. marshals knocked on her
ACLU seeking information about arrests made in apartment door while she was sleeping. Her
student loan collection cases nationwide, but we have boyfriend opened the door and two marshals
documented cases of arrests made in 2015 and 2016 entered her bedroom with their weapons drawn.
in California and Texas. In 2003, U.S. marshals in Mozie, who uses a prosthetic leg due to a congenital
Minnesota conducted “Operation Anaconda Squeeze” birth defect, was lying in bed and not wearing her
to arrest student loan debtors who failed to appear prosthesis. She said, “They had a warrant for my
in court; in that operation, 10 warrants were issued arrest and I asked them for what, he didn’t say what
for the arrest of student loan debtors who failed to it was for. He said, ‘He’ll tell you later.’”239 After she
appear at a debtor’s examination, four of whom were put on her prosthetic leg and got dressed, the U.S.
arrested. At the time, U.S. Attorney Robert Small marshals handcuffed her and put shackles on her
told the Minnesota Chronicle, “We don’t do it very feet and waist, then walked her outside in front of her
often. The bottom line is that the threat of arrests is neighbors. “Where was I running to?” she asks. “I
an effective tool.”236 was so embarrassed.” Mozie was jailed overnight
at the courthouse jail in downtown Houston, where
she also was photographed and fingerprinted. She
In Texas, Paul Aker was arrested in February 2016
was brought before a federal judge the following day,
by seven armed U.S. marshals at his Houston home
who found that she had no ability to make payments
for an unpaid $1,500 student loan he had borrowed 29
on the judgment. She continues to be afraid of being
years earlier.237 Aker says he received no certified mail
arrested again: “I’m scared someone is going to come
or notices about the debt or the court case brought by
to my door and get me again. I just want this to be
a private debt collection attorney seeking to collect
over.”240
the debt on behalf of the federal government. After
his arrest, he had to sign the repayment plan for the
student loan and was ordered to pay more than twice We also documented cases in Indiana, Maryland,
the amount of the original loan, including interest, and Massachusetts in which debt collectors obtained
court fees, and $1,258.60 as reimbursement to the arrest warrants for debtors with private student
marshals for his arrest.238 loans. In these cases, we have no documentation
of an arrest having been made. For instance, in
Maryland, the Baltimore City District Court issued
Tracie Mozie was arrested in Texas for failing to
a body attachment in August 2014 for the arrest of
appear in court over a federal student loan she took
a man who allegedly owed $23,860.84 in student
out in 1986 to pay for truck driving school. Her mom
loan debt owed to SLM Private Credit Student Loan
had applied for a $1,500 loan on Mozie’s behalf, which
Trust. The student loan lender, which is associated
grew to more than $13,000 with interest and fees.
with Sallie Mae, had obtained a default judgment
Because Mozie is unemployed and subsists only on
against the man and requested and obtained the body
disability benefits totaling $700 a month, she has
attachment after he missed an oral examination and
been unable to repay the loan. She had no idea that
repeated show cause hearings.
she had been sued to collect the debt. She initially
was served at an incorrect address and when she did
receive notice of a post-judgment proceeding in the In Massachusetts, Mr. W241 surrendered himself
case, she did not understand why she was summoned to court on a capias warrant for an alleged student
to court. She missed a December 2014 court date, and loan debt. In 2011, he had a contract with a for-profit
at the collection attorney’s request, a federal judge company offering education courses for college credit
by mail. The company sold educational tutorials that
it promoted as providing students with the necessary for the unpaid textbook rental fee. According to Mr.
prerequisites to enroll in a program from which they K, they were never served with papers, called, or
ultimately could obtain a license, and it charged contacted in any way. The Warrick County School
thousands of dollars in upfront costs financed by long- Corporation obtained a default judgment of $301 plus
term personal loans. Mr. W took out a private loan court costs of $102, so the total Mr. K owed was $403—
through the company to cover the $4,000 program far more than the original $101 bill. Bench warrants
cost. He received one book from the company. When were issued by Warrick County Superior Court for
he called to complain that the book was useless and to Mr. K and his wife on February 20, 2014, for failure
ask for the rest of the materials, he was assured that to appear at proceedings supplemental to execution,
he would receive more materials in the mail. After and a cash-only bond on the warrant was set at $210
receiving nothing further, Mr. W thought he had been each.
scammed and refused to pay anything further on the
loan. The educational company then sold the loan to Mr. K remained unaware of the lawsuit and the bench
a debt collector who sued Mr. W to collect on the debt. warrants until he applied for a law enforcement
Mr. W had received several harassing phone calls job. He had worked as a police officer for 13 years in
and letters from the debt collector and had stopped Tennessee and applied for a part-time position with
opening mail he did not recognize. In January 2016, a local law enforcement agency. “I was prime for the
he received a call from the local sheriff’s office telling position and was told that they wanted me. I was
him to come to court the next day because he had excited to get back on the job. When they went to do
a small-claims case for which a warrant had been my background check, they advised me that I had a
issued against him. Mr. W met an attorney from writ warrant for my arrest,” Mr. K said. “I was passed
Greater Boston Legal Services while he was in small- up for the job, naturally. Because of this stupid law, I
claims court for the warrant, and the attorney helped missed out on getting back into a law enforcement
him to secure an order from the court vacating the officer position.” Outraged, he added, “I understand
default judgment, defend against the lawsuit, and that when people owe money for a legitimate bill, they
obtain a settlement in his favor. The company has should pay it, and if not be held accountable for it.
since been shuttered after being sued by two state Isn’t that what judgments and garnishments are for?”
attorneys general and the Federal Trade Commission. Mr. K ultimately paid the fee to clear the warrant
because he “had no other choice but to pay it.”
An Indiana court issued an arrest warrant in a case
to collect an unpaid school textbook rental fee. Mr. Housing Debts
K’s242 son had transferred to a school in Warrick We documented cases of arrest warrants and jailing
County in southern Indiana during the school year for unpaid rent, rent owed due to broken leases, fees
and had to share school textbooks with another assessed for alleged damage to rental property,
student because they did not have textbooks for him. unpaid homeowners’ association fees, and unpaid
The Warrick County School Corporation sent him mortgage foreclosure deficiencies.
a bill for $101 for the use of the rented books for the
year. He says that he and his wife both worked 60 or Mr. B243 was arrested in Maryland and jailed twice
more hours a week at that point and were busy and for back rent the landlord said he owed. At age 21, Mr.
stressed out, and they forgot about the book fee and B got his first apartment of his own, but he fell behind
did not pay it. He also believed he should not have on his rent payments after he lost his full-time job a
to pay the fee since their son was having to share few months later and his mother became very ill. He
the books and did not have books of his own. They sometimes had to pay the rent late, and he had to pay
eventually moved from Warrick to Vanderburgh large late fees some months. But he says he thought
County and were completely unaware that the he was keeping up with what he owed. In 2008, while
Warrick County School Corporation had sued them he was still living in the apartment, a friend called

saying that he had seen Mr. B’s name on a docket at a number of the monthly payments. When Ms. C
the courthouse in Towson, Maryland. According to was unable to make payments, the creditor filed for
Mr. B, he had never received any papers telling him contempt against Ms. C at least 12 times, and she
to appear in court and this was the first he had heard appeared for numerous hearings on the matter in
about the case brought against him to collect back the Vanderburgh County Small Claims Court. The
rent. He went to the courthouse to find out what he creditor asked for a writ of attachment to be issued
needed to do, and he was arrested and detained for for Ms. C’s arrest, and the court complied. Even
about a day before he was released without a bond. though Ms. C told the court she was disabled, had
Four years later, in April 2012, he was surprised to no money, and her only source of income was Social
learn that he had again been ordered to appear in Security disability benefits, which was legally exempt
court over rent the debt collector said he still owed. from collection, the small-claims court ordered Ms.
He went to the courthouse in Essex to try to resolve C to serve 30 days in jail. The magistrate informed
the situation. He said, “When I told the clerk about Ms. C that she could “purge herself of contempt” and
the issue, this time I was immediately handcuffed get out of jail if she paid the $110. Because she could
and shackled and put under arrest. The police drove not pay, deputies handcuffed Ms. C, who was crying,
me, in handcuffs, in a squad car to the police station took her out of the courtroom, patted her down in the
where I was booked and put into the system.” hallway, and were going to take her to jail. A woman
in the courtroom who had never met Ms. C was so
The booking process took hours, and Mr. B said, “It horrified by the situation that she gave her $100 to
was very humiliating—especially because I was trying prevent her from being jailed. The Indiana Court of
to do the right thing and get the situation resolved.” Appeals ruled the procedure violated the Indiana’s
After he was booked, the police drove him back to the Constitution’s provision that “there shall be no
courthouse in Essex, where he was jailed and put in imprisonment for debt.”245
a holding cell. After several hours in the cell, he was
taken before a judge, who set bail at $2,500. Mr. B
A warrant was issued for the arrest of a Washington
was jailed at Baltimore County Jail for about a day
man for failure to appear in court over the amount he
and a half. It took his mother, whom Mr. B describes
still owed to his mortgage lender, Zions First National
as “an older woman who’s sick and doesn’t have
Bank, after his home had been seized in foreclosure.
much money,” more than a day to post a bond of
The lender had sold the home in a trustee sale for less
$250. When Mr. B appeared in court again, the judge
than the outstanding balance on the mortgage. The
ordered that the $250 bond be handed over to the debt
bank sought payment for the mortgage foreclosure
collector. “Being arrested and shackled made me
deficiency judgment of $92,607.10 plus interest,
feel like an animal in a cage. And it was really unfair
attorneys’ fees and other costs. He missed a single
because I turned myself in to the court to try to do
scheduled hearing for supplemental examination to
the right thing and find a way to resolve the situation.
provide information about his income and assets. In
They didn’t have to arrest me that way,” Mr. B said.
March 2014, the Lewis County Superior Court issued
“The experience put a huge strain on me for many
a bench warrant directing the sheriff to arrest him
months. The whole thing has been very painful and
for failure to appear and set bail at $3,000. He only
unfair for me and my mother and only made it harder
avoided arrest because the warrant was quashed
for me to find work and pay my bills.”
after he filed for bankruptcy.246
Ms. C,244 a disabled Indiana woman with three

A warrant was issued for the arrest of Ms. B,247 a
children, was sentenced to 30 days in jail for failing
Maryland woman who missed a court hearing that
to obey a court order to pay $110 on a housing debt.
she had asked to be rescheduled because she was
The small-claims court had ordered her to pay $10
taking her sick child to the hospital. A property
a month on a $445 debt owed to her landlord, Grace
management company sued Ms. B, a former tenant
Whitney Properties, but she was unable to make

who had left the property three years earlier. The lost that job as well and fell behind again. The debt
company claimed she owed them almost $2,200 in collector sought and obtained from the Wyandotte
various charges, including rent, water bills, late County District Court an Order for Hearing in Aid of
fees, court costs, post office charges, and clearing Execution requiring Davis to appear in court for an
out the property. The company did not provide any Examination of Judgment Debtor. Davis repeatedly
documentation of these charges other than a letter appeared in court for these hearings to examine his
it had mailed to the former tenant at the apartment ability to pay, and the collector requested a hearing
she had already vacated. The court awarded a default only 10 days after the prior in-court examination.
judgment in September 2013 and only one month Davis was unemployed, had no assets to satisfy the
later the creditor asked for an oral examination of judgment, and was subsisting on unemployment
Ms. B in court, at which she was to bring “All papers benefits that Nebraska Furniture Mart had already
relating to assets, income, expenditures, property, garnished even though they were exempt from
credits and business transactions since [January collection; the collector had no reason to believe his
2012], including bank books, checking accounts, financial circumstances had changed.
income tax returns, auto purchase, television,
furniture, real estate purchases, etc.” Ms. B did not When Davis eventually missed a hearing, the judge
appear in court and the creditor asked for a hearing cited him for contempt of court and ordered that a
to show cause why she should not be held in contempt. bench warrant be issued for his arrest. The collector
In the meantime, the creditor garnished Ms. B’s sent Davis a letter notifying him of the judge’s order
wages, but she lost her job two months later. authorizing an arrest warrant and, “as a courtesy,”
giving him the opportunity to set up a payment plan
On the morning of the April 2014 hearing, Ms. B to pay the balance of the debt. Davis agreed to a new
called the court and asked to postpone. The court file payment plan and struggled to make the monthly
says “On the way to hospital / Univ. of MD w/ sick $100 payments for the next three months, but he
child [illegible] Pediatrics / Request new date to come missed one payment and was 10 days late in making
in.” She also told the court that she had not received another payment. Four days after Davis made the late
service on anything, which the file reflects as well. payment, the collection lawyer filed an order asking
The court denied her request and instead issued a the court to issue the bench warrant and provided
body attachment ordering her arrest in June 2014. a draft warrant. The judge signed the warrant the
same day. Davis was jailed when the collection agent
Household Debts had the warrant processed. Two Wyandotte County
sheriff’s deputies knocked on his door at 9:30 p.m. as
In cases documented by the ACLU, arrest warrants
he was watching the State of the Union in January
were issued and debtors were jailed in post-judgment
2011. They arrested him, handcuffed and shackled
collection actions on household debts such as unpaid
him, and took him to jail. He was jailed for several
utility bills, heating repairs, and furniture purchases.
hours until, with the help of his girlfriend, he was able
to pay the cash bond of $250 to secure his release. The
James Davis was jailed for money he owed on a line judge ordered the $250 bond handed over to Nebraska
of credit extended to him by Nebraska Furniture Furniture Mart.
Mart in Kansas. He bought a bed, mattress, and
computer on the account, but he later lost his job and
In Massachusetts, Iheanyi Daniel Okoroafor, a
his financial situation deteriorated. He fell behind in
73-year-old retired mental health case manager, was
payments, and the store sold the debt to a collection
ordered jailed in 2014 when he appeared in small-
agent, the law firm Evans & Mullinix, which sued
claims court over a $508 debt for a furnace repair.
Davis and won a judgment for $1,987 plus $827.90
Okoroafor had paid $350 of the bill for repairs to
in interest and attorney fees. Davis later got a job
his boiler, and the unpaid portion of the repair bill
and worked to make payments on the debt, but he
totaled $459.65; court costs increased the debt to

$508. Okoroafor said the repair was improperly done
and had not fixed the problem with his furnace. The Judge: Are you employed?
heating contractor sued Okoroafor and obtained a
Mr. Okoroafor: No, I am retired.
default judgment against him for $508.27; Okoroafor
says he was never notified of the April 2013 hearing. Judge: What is your source of income?
At the June 2014 hearing in Belchertown District Mr. Okoroafor: My pension, that’s all…from
Court, he also told the judge that he did not have the the Commonwealth of Massachusetts….
funds to make the payments or hire an attorney, as Judge: Do you own your own home?
his main source of income is a $2,000 monthly state
pension. Okoroafor explained that after paying Mr. Okoroafor: Yes, but it is shaky now….
My wife is in the hospital right now as we
monthly bills, including medical bills for his wife who speak…. Other expenses I have is to pay my
suffers from dementia and tithing of 10 percent of tithe in my church…10% of what I get.
his income to his church, he is “left almost without
anything.” Three months earlier, he began visiting a Judge: Do you have a mortgage?
food bank once a week because he could not afford to Mr. Okoroafor: Yes I have a mortgage…I pay
buy enough food. He was behind on utility bills, and a $1,100 [a month].
bank had foreclosed on and taken a rental property he
Judge: Do you have any other sources of
owned.
income?
Okoroafor thought he would have a chance to explain Mr. Okoroafor: My wife gets Social Security.
why he did not pay the bill, but the judge concluded
that Okoroafor could pay the debt, ruled him in Judge: You have ignored an order of the
contempt of court for failing to do so, and ordered him court.… This court has made an order for
you to pay the money.
jailed for 30 days or until he paid the full amount owed.
As Okoroafor was taken away in handcuffs, he begged Mr. Okoroafor: And I didn’t have the ability
the judge not to incarcerate him so he could see his to pay that money.
hospitalized wife, pleading, “My wife is in the hospital. Judge: Why?
I need to go and see her.” He was held at Hampshire
County Jail for 12 hours before his daughter paid his Mr. Okoroafor: Because of my expenses,
debt to secure his release at about 2:00 a.m. the next which I have enumerated. I pay, my wife has
been, her health has been in jeopardy for a
day. The judge erred in ruling that Okoroafor could
long time and is always in the hospital, in
pay, as state pension income is exempted from debtor and out…. The medicine, the medication we
judgments under state law: pay.
Judge: How much?

Judge: Have you paid the amount owed?
Mr. Okoroafor: On a monthly basis I would
Mr. Okoroafor: No, I don’t even have the say $200.… The other evidence that I have
money. is that, after paying all my bills like my
electric bill, my cable bill, and sewage bill,
Judge: Have you retained a lawyer? I am left almost without anything…. I was
Mr. Okoroafor: I tried to. I came to the DA’s not served with any invitation to come to
office to get help with representation and a hearing…. I have done everything that I
they said they don’t do any civil matters. could. And I have evidence to prove that
That the only thing they do is criminal. And they have not sent me any hearing notice….
I went to the Clerk’s office and they said Judge: Your response to that denial cannot
the same – that they don’t help people with be, “I refuse to pay,” sir. You will be taken
small claims cases…. into custody for 30 days or until you pay

that was subsequently filed to collect the debt. A civil
the amount owed to this person. Take the warrant was issued for his arrest. After attempting to
defendant into custody. serve the arrest warrant 22 times over about a month,
[Sound of handcuffs.] a Knox County sheriff’s deputy thought he saw Mr. B
walking on the driveway of his mother’s house, where
Judge: I find by clear and convincing he had a workshop for his optical lens business. The
evidence that he has an ability to pay…. I
deputy called in a captain, sergeant, three deputies,
find that he willfully refuses to pay. He
will be held in custody unless and until he a K-9, and a helicopter as backup. The defendant’s
removes the contempt by paying the money mother testified that five police cruisers were in her
owed to the plaintiff in this case. driveway, three additional cruisers were next door,
and there were other unmarked cars parked in her
Mr. Okoroafor: My wife is in the hospital. I
need to go and see her. backyard. The sergeant arrived and asked Mr. B’s
mother for permission to enter, but she refused. Even
Bailiff: It’s not going to happen unless you though they had no search warrant, she later testified
pay. that the captain said that if she had probable cause,
she could go in and make an arrest for “evasion of
In Nebraska, Ms. W,248 62, was arrested for service, obstruction of justice.”
failure to appear in court over a $1,800 debt owed
to Heartland Construction for home repairs. Police Several police officers entered the home and searched
came to her apartment at 5:30 a.m. in April 2017 her entire house. Not finding Mr. B, the officers set
to arrest her on a warrant. The sheriff was doing a up a full perimeter around the house. Mr. B says that
sweep of outstanding warrants for public housing after the deputies made threatening statements to
tenants, and an outstanding warrant issued for her his mother, he hid in the basement crawl space. He
arrest 15 years earlier came up. The warrant had recalls the sergeant came downstairs and said, “I’m
been issued in June 2002 for failing to appear at a going to get you, you little shit.” The deputies sent
debtor’s exam. She lives in public housing, has no in a police dog. Mr. B says the dog bit his feet and
car, and her only income is Social Security Disability hands, latched on to his arm, and dragged him three
benefits (SSDI). The officers let her leave her feet. Two deputies Tasered him three times in his leg,
apartment and walk outside before handcuffing her. chest, and arm, leaving him unable to breathe. Photos
She was transported to the jail, where she was booked, of his injuries show four lacerations on his upper arm
fingerprinted, and photographed for a mug shot. and two large lacerations, puncture wounds, and
Bond was set at 10 percent of the debt. She says she other abrasions on his ankles. In response to a civil
was incarcerated for almost five hours before a friend suit subsequently filed by Mr. B, the police claimed
bailed her out. he refused to show his hands and two officers then
used their Tasers. He was convicted of misdemeanor
obstructing and preventing service of process and
Credit Card and Other Consumer Debts
arrest and sentenced to six months’ probation and
In Tennessee, Mr. B249 was Tasered three times 10 days in jail, but the appeals court vacated the
and bitten by a dog when he was arrested in October convictions because his conduct amounted only to
2013 in connection with a credit card debt owed to avoiding civil process servers.250
Discover Bank. Mr. B had received collection calls
about the debt years earlier, but he says he reached an A Nebraska woman who is unable to work due to a
agreement with Discover and considered the matter disability had an arrest warrant issued against her
resolved long ago. His wife later testified that she had for a $1,500 debt to a local store. After her husband
opened the account and used the card without his lost his job—and their sole source of income—in a
knowledge and did not tell him about the civil lawsuit downsizing at the medical center where he worked,

they struggled to make ends meet and they lost their her to sign. Because a default judgment was already
home in a foreclosure. She and her husband begged in place, the attorney had indicated on the form that
the store to agree to a partial payment plan, but the Ms. L had no ability to pay and asked Ms. L to sign.
store put a lien on their home and pursued her arrest. Ms. L, a Vietnamese immigrant with little English
Her Legal Aid of Nebraska lawyer got the arrest proficiency, tried to explain that it was not her credit
warrant squashed when the store’s attorney did not card, but she signed the document anyway. Ms. L had
appear in a subsequent court hearing. missed the prior court dates because she had been
hospitalized due to serious medical problems, and
After being pulled over for a traffic violation in 2012, she was out of work due to her poor health. She was
a pregnant woman in Colorado was arrested and limping and complaining of severe pain when she met
jailed on an outstanding arrest warrant for contempt a Greater Boston Legal Services attorney who was
of court. The warrant was issued for failure to enter providing free legal services at the courthouse that
interrogatories in a proceeding to collect a default day. The attorney helped her to file a motion to vacate
judgment for unpaid credit card debt. Her bond the default judgment. If Ms. L had left after signing
was set at $5,806—the exact amount of the default that she had no ability to pay and had not contested
judgment against her plus interest. After she spent the debt that day, it would have made it more difficult
the night in jail, she was presented before a court and for her to convince a clerk later on that it was not her
released on a personal recognizance bond. debt. Ms. L won the motion, and ultimately the debt
buyer plaintiff dismissed the case.
In Illinois, Vivian Joy was jailed in 2011 after being
stopped for driving with a broken taillight. There was Michael Flanagan was jailed in Nebraska over a
an outstanding warrant for Joy’s arrest because she $326 overdraft debt he owed to a credit union. He
had not appeared in court after Champaign Heights was never served notice of the hearing at which the
Finance Corp. obtained a $2,200 default judgment court granted default judgment against him. When
against her. Joy said she did not know about the he missed a subsequent debtor’s exam scheduled
lawsuit or the judge’s order. She was handcuffed in on a Friday in February 2017 because he was sick
front of her children and jailed until she posted a and forgot about the court date, the court issued
$120 bond. She said she could not afford to pay the a warrant for his arrest and set bail at $202. On
judgment because she is unemployed. the following Monday, Flanagan realized he had
missed the hearing, called the courthouse to try to
In Massachusetts, a capias warrant was issued for reschedule and learned of the warrant. Afraid he
the arrest of Ms. L251 for failure to appear in court could be arrested at any moment, he recalls, “It made
over a credit card debt she did not owe. She had not my skin crawl that there’s a warrant for my arrest.
received the notice to appear in court for a payment There’s a document out there that says ‘seize him’! I
review hearing in a small-claims debt collection case just couldn’t handle it.”
brought by a debt buyer. Because she had missed Flanagan contacted the debt collector, who refused
the court date, the court entered a default judgment to reschedule the hearing and told him he would have
against her. She received a notice from the sheriff’s to pay the debt in order to avoid jail. He had been
office at her home informing her of the warrant for her unemployed for six months and was living on food
arrest and ordering her to turn herself in to the civil stamps and “the grace of friends.” Flanagan said it
court during the next small-claims session. When she was “unbelievably stressful knowing that I had to pay
arrived in court on the morning of the session, she $202 that I can’t find the money for. I didn’t even have
was met by a constable from the sheriff’s office. After something I could sell. I had nothing—no income, no
gathering some information from her, he turned her savings, not even pocket change.” He borrowed the
over to the debt collection attorney, who produced a bail money and spent a week making calls in a futile
copy of the court’s agreement for judgment form for attempt to find a way to clear the warrant without

being arrested. He tried paying the bail to the county
and the sheriff’s office, but both refused to accept Ms. R254 was arrested by sheriff deputies at her Ohio
his payment. Officials at the Lancaster County home while caring for her three-week-old baby. She
Sheriff’s office and the Department of Corrections had not appeared in Bowling Green Municipal Court
told Flanagan that his only options were to wait to for a debtor’s exam in connection with a judgment
be arrested or to show up at the jail to be arrested. entered against her in a lawsuit by Dr. Auto Care
He turned himself in to the jail and was handcuffed, for car repairs.255 Even though Ms. R had filed for
arrested, booked, and held while his bail payment bankruptcy and therefore the proceedings should
was processed. As part of the booking process he have been automatically stayed, the creditor sought
was strip-searched and photographed for a mugshot. the bench warrant from the court. The court granted
After several hours in jail, he was released. the request, issuing the warrant for contempt of court
for Ms. R’s failure to appear at the debtor’s exam.
In the Commonwealth of the Northern Mariana When Ms. R appeared in court following her arrest,
Islands, Mr. M252 was sentenced to 10 days in jail the creditor’s attorney demanded payment, asked Ms.
for failing to make court-ordered payments toward a R to propose a payment arrangement, and scheduled
debt he owed on a consumer line of credit from a bank. her for a second debtor’s exam to be held just nine
The bank, Pacific Financial Consumer Corporation, days later. Ms. R sued the creditor for violating the
obtained a default judgment for $8,176 that included automatic stay imposed by her bankruptcy filing.
a payment plan of $60 a month. Mr. M failed to make
any payments for eight months and was ordered to A Washington couple, Michael Gray and Nicole
appear at a hearing to show cause why he should not Hart, were arrested and jailed overnight for missing
be held in contempt of court and jailed. At the March a hearing in a case to collect an auto loan deficiency
2005 hearing he appeared without a lawyer and they owed to Zions First National Bank. When they
testified that he had not made payments because he defaulted on the auto loan, the bank repossessed
was unemployed for the first nine months after the their pickup truck and filed a lawsuit against them for
court had issued the judgment and had only recently the balance they owed on the loan, $3,650.90, which
found a job that paid $3.50 an hour, a net income of ballooned to $5,090.29 with interest and fees. After
$248 every two weeks. He said he could not afford the nearly a full year of having their wages garnished to
payment plan because he supported his girlfriend and pay down the debt, the couple filed for bankruptcy,
their four minor children. The trial court ruled that primarily because they were unable to pay back
he had the ability to comply with the court-ordered this debt and feared further garnishment. They
payments, found him in contempt, and sentenced missed a March 2016 supplemental proceeding—a
him to 10 days in jail. The sentence was suspended debt examination for the purposes of collecting the
on the condition that he pay $30 per month until the judgment—and the Cowlitz County Superior Court
debt was paid in full. Mr. M appealed the order and issued bench warrants for their arrest two weeks later,
the Supreme Court of the Commonwealth of the setting bail at $1,000 each. The warrants and the
Northern Mariana Islands ruled that the trial court judge’s order granting the bench warrants were not
had failed to advise Mr. M of his right to a lawyer and served on the couple, and the debt collector did not
vacated the contempt order.253 even notify the couple that they had applied for and
obtained the warrants. Instead, two months later, in
Auto Debts May 2016, five sheriff’s deputies came to their house
one evening after 7:00 p.m. When Gray opened the
Courts have issued arrest warrants for various auto door, the deputies immediately pulled him out of the
and transportation debts, including debts for car house, handcuffed him on his lawn, and placed him
repairs, towing services, auto loans, unpaid car rental in the back of a squad car while they waited for his
fees, fuel expenses, and subrogation claims owed to wife to return home so that they could arrest her as
auto insurance companies. well. For over an hour, Gray sat helpless in a police
car outside his house, watching as his six-year-old Payday and Other High-Interest Loans
disabled son cried and ran in and out of their home. In Missouri, Ms. S258 was jailed for three days
When Hart arrived home, she was also arrested, and for failure to appear in a case to collect involving
the deputies informed her that they would have to a high-interest $425 payday loan. The creditor,
call Child Protective Services if she could not find Sunshine Title and Check Advance, sued and
someone to watch their young son. Eventually their obtained a judgment against her, and then requested
older son, himself a minor, came home to watch the an “examination of judgment debtor.” Ms. S, the
six-year-old. single mother of a toddler, did not show up for the
Gray endured a humiliating strip-search and Hart examination, a court hearing at which a judge would
underwent an invasive pat-down and search that determine what assets the creditor could seize to
required the removal of her false teeth and underwire pay the debt. The payday lender asked for a body
bra. Both spent a night in jail before posting bail. attachment order to arrest Ms. S. The St. Louis
The entire time Gray and Hart were in jail, they had County circuit judge issued a body attachment,
no idea why they were there. The deputies never setting bail at $1,250. Two weeks later, when Ms. S
informed them, and it was only just prior to their learned that the St. Louis County police were looking
arraignment hearing the next morning (which they for her, she and her mother went to the police station,
were forced to attend without lawyers) that they where she was arrested. By then, the $425 debt had
discovered the arrest was associated with the debt ballooned to $855 with interest and legal fees. Ms. S
owed to the bank. Gray and Hart had to tell their was required to post bail in cash and could not pay
employers that they would have to miss work. Hart, through a bondsperson. Her mother had to borrow
a clerk at the local Target, had to tell her employer the money to post the $1,250 bond to secure her
that she had been arrested. Once back at work a release, which was subsequently paid over to the
few days later, Hart was required as part of her job payday lender. “I had to get out or I’d lose my job,” Ms.
duties to serve several of the sheriff’s deputies and S., who works as a clerk, said. Of her three days in the
correctional officers who had participated in her city jail, she said, “It was horrible…They tell you when
arrest and incarceration. According to a lawsuit she to wake up and they tell you to go to sleep. The beds
filed against the bank and the collection company, are hard.”
each time she had to assist these law enforcement A few months later, Ms. S filed for bankruptcy. Her
officers, she had to relive the experience of being bankruptcy petition revealed that she survived in
jailed, and these instances have caused her to have an part on child support payments, an exempt source
emotional meltdown on the job.256 of income that the payday lender couldn’t have
garnished. The petition also revealed that she did not
In Indiana, Mr. S,257 the owner of a concrete own a home and did not have any assets the payday
company, was jailed in September 2009 for failure to company could have seized by law. Her vehicle was
appear at a post-judgment proceeding for $4,024.88 subject to a car title loan and even her daughter’s
he owed on an auto loan for his pickup truck. The loan bedroom furniture was purchased on credit and was
was owed to a subsidiary of American International subject to repossession by the lender.259
Group, the financial institution that received $122.8
billion in federal bailouts. He was arrested in front of Ms. E260 was mistakenly jailed for two nights for
his four young children, strip-searched, sprayed for failure to appear in court over a high-interest payday
lice, and jailed for two nights. He was released only loan in Louisiana. In May 2013, Ms. E was arrested
after agreeing to pay $1,500 to the loan company. He by sheriff’s deputies when she visited a prisoner at
says he did not know he had been sued. Caddo Correctional Center in Shreveport and the
law enforcement officers there claimed she had an
outstanding warrant from 2008. However, she had

already paid the debt in full and the warrant had been Case Studies: Abuses by Check
recalled a year and a half before her arrest. The night
after her arrest, she was transferred to Shreveport
Collection Companies in
City Jail because the warrant originated from Partnerships With Prosecutors
Shreveport City Court. After two nights in jail, she The ACLU documented cases of elderly retirees on
was booked with contempt of court and released on fixed incomes, people with disabilities subsisting on
bond. She was provided with a summons to appear disability benefits, struggling single parents, and
in court. She retained counsel and arrived at the college students who had unintentionally written
scheduled time, only to discover that she was not on a check against insufficient funds and received
the court’s docket. Eventually, the court uncovered threatening letters purporting to be from prosecutors
minutes from a civil case filed in 2006 that indicated but that were sent by private check collection
that a warrant had been issued following Ms. E’s companies. The cases we documented in California,
failure to appear at judgment debtor exam. Ms. E Florida, Illinois, Pennsylvania, and Washington
owed $485.23 to Advantage Finance Corporation, a include the following:
payday lender. She had already paid back $122.70
toward the principal, but the lender had sued her and
Ms. P,262 a wheelchair-bound retiree living on a
her husband in 2006 and obtained a default judgment
modest fixed income in a senior living facility in
against them for the remaining debt and for attorney
Washington, bounced a check for $108.10 that she
fees fixed at $200. After Ms. E and her husband failed
wrote to the local Walmart store for household goods.
to appear at a judgment debtor rule hearing, the court
She received a threatening letter on the letterhead of
issued a bench warrant for her arrest and set bond
the Clallam County Prosecuting Attorney demanding
at $200. Throughout 2007 and 2008, the creditor’s
she pay $321.85 and take a financial training course
lawyers filed a number of letters into the record to
in order to avoid criminal prosecution.263 “When I
reset the bench warrant, and by October 2011 she
first received the letter that I thought came from the
had paid the debt in full and the creditor’s attorney
prosecutor, I was frightened about having to go to
recalled the bench warrant. It appears the warrant
court, and worried that police would come to arrest
database had not been properly updated, leading to
me,” said Ms. P. “When I later learned that the letter
her arrest in 2013.261
was from a debt collector, not the prosecutor, I was
very disappointed in our county officials.”264 The
A Maryland woman was ordered arrested only a year letter she received said, in part:
after taking out a high-interest check loan. The lender,
Mariner Finance LLC, sends out valid checks in the
WARNING OF CRIMINAL CHARGES
mail offering quick cash. By signing the back of the
check and cashing it, the consumer accepts the loan The Prosecuting Attorney’s Office has
and all the conditions outlined in the accompanying received a complaint against you for issuing
letter, including a high interest rate just below the a worthless check(s)…. Under Washington
Statutes, this can constitute criminal intent
legal maximum in Maryland. The finance company
and a Warrant for your arrest can be issued.
sued her because she did not make payments on the
loan. After getting a default judgment for $1,250, it It is still possible to avoid a CRIMINAL
sent her written interrogatories asking about her CONVICTION
income and assets and when she did not answer, a
hearing was held to show cause why she should not
be held in contempt. She missed that hearing. In July Ms. C,265 a disabled retiree living in Washington
2014, only 13 months after she signed the check, the on a modest fixed income with her son and his wife,
court issued a warrant—called a body attachment— inadvertently bounced an $80.43 check to her local
ordering police to arrest her. Safeway store for household goods. Ms. C received
a letter purporting to be from the Grant County

Prosecuting Attorney, threatening to criminally other fees. Even though she had paid the check and
prosecute her if she did not pay $211.43 and complete provided written proof that the check had cleared, she
a financial training course. Unaware that the letter received two more threatening letters on the official
had actually been sent by Bounceback, Inc., she paid letterhead of the DA’s office and bearing the district
the $211.43. Ms. C goes to doctors’ appointments at attorney’s signature.268
least five times a month because of her disabilities
and was unable to attend the scheduled financial A Pennsylvania woman wrote checks for $23.31
training class. According to a lawsuit she filed and $36 that bounced because her employer had
against the company, Bounceback nonetheless mailed her paycheck rather than deposit it directly
charged her $145 for the class but never bothered to in her bank account. She received a threatening
reschedule it. letter that purported to be from the district attorney,
demanding $319.91 to avoid criminal prosecution.
An elderly Pennsylvania woman who wrote a check In reality, the letter was from National Corrective
for $27 to Kmart that bounced was told she would Group, Inc. She could not afford to pay the full
have to pay fees of $72 to avoid prosecution, plus amount demanded; she called the private company,
another $170 for a required financial accountability believing she was speaking with someone from the
class.266 district attorney’s office, and arranged to pay in two
installments.269
An elderly man in Pennsylvania, was sent a
threatening letter signed by the Beaver County A Florida man who bounced a $14 check at a drug
District Attorney over a bounced check for $10, store, received a letter and voicemail purporting to be
alleging that he had engaged in “criminal activity” by from the state’s attorney, demanding more than $200
“issuing a fraudulent check.” His granddaughter who in fees to avoid prosecution, including a $160 fee for
was handling his finances received the letter, though a financial management class.270 He ultimately paid
it was addressed her grandfather. A $10 check she $295 in order to avoid criminal prosecution.
had written for one of her grandfather’s prescriptions
had bounced because her grandfather’s nursing home A college student in California who bounced a
had taken an unexpected payment from his checking $92 check she had written to her school bookstore,
account on the same day. She had already repaid the received a letter telling her she had committed a
$10 and the pharmacy’s $35 returned-check fee when crime and faced up to a year in jail and a $2,500
she received the letter on the prosecutor’s letterhead. fine unless she paid the $92 plus $215 in fees and
A subsequent letter sent weeks later bore the heading, scheduled a financial accountability class within 10
“Warning of Criminal Charges.”267 days. Scared and unaware she had bounced the check
until she received the threatening letter with the seal
A physically disabled single mother in California of the Santa Barbara County’s District Attorney, she
who also supports her elderly father, wrote a check paid the fees and took the five-hour class in order
for $165.87 to the local Safeway market for groceries to avoid prosecution. She had no idea that she was
for her family. The check did not initially clear, dealing with a private company and that the district
even though she had overdraft protection for the attorney’s office explicitly did not prosecute bounced
account, but it cleared 13 days later when it was checks under $100 as a matter of policy.271
redeposited. Nonetheless, she received a letter on
Placer County District Attorney letterhead accusing An elderly retiree in Illinois who bounced a $46.49
her of committing a crime punishable by up to a year check at a supermarket where she had been a
in jail and informing her she could avoid jail only if customer since 1971, received a letter purporting
she attended a financial accountability class and paid to be from the Cook’s County district attorney
a total of $407.12, including $190 for the class and

threatening her with criminal prosecution and jail if overdraft charges of $20 every time she wrote a check,
she did not pay $271.49.272 used her debit card, or made an ATM withdrawal. She
says this had a snowball effect, leaving the checking
An elderly woman in California with significant account continually overdrawn, even though she
medical problems and a small monthly income made deposits. In one month the overdraft protection
who bounced checks for $11.13 to a grocery store charges alone totaled $560, and she said these
and $26.62 to a tobacco store, was threatened with constant charges made it difficult to catch up on
prosecution if she did not pay up, plus fees and $125 her family’s bills. That month she wrote a check to
for a financial accountability class. Believing she FoodMaxx in Ukiah, California, for $83.41 and a
faced arrest and jail if she did not comply, she paid check to Walmart for $69.26, both to purchase food
$262.95 in restitution and fees. Her physical and and other things for her family. The bank rejected
medical conditions made it difficult for her to attend these checks because there was not enough money in
the hours-long class, and she was instructed by the her checking account to cover the checks when her
check collection company that she could complete bank received them.
a home study course only if she produced a doctor’s
Four months later, she began receiving letters from
note. She had to travel to her doctor and pay for a note
the “Check Restitution/Prosecution Program” of the
excusing her from attending the class in person.273
Mendocino County District Attorney, the Mendocino
County Sheriff, and the Mendocino County Chief of
Ms. O,274 a single mother in California living on Police. The letters stated that she had been accused of
disability benefits, bounced a check for $91 at a a crime, specifically “a violation of Penal Code Section
grocery store. She received a letter purporting to be 476a (Passing a worthless check),” that she was being
from the district attorney and demanding $333.51, criminally investigated, and that to stop the criminal
including $175 for a financial accountability class, to investigation she had to pay the check amount, a bank
avoid criminal prosecution and up to one year in jail. charge of $5 (for the Foodmaxx check) and $10 (for
In reality the letter was from National Corrective the Walmart check), a $35 administrative fee for each
Group, Inc. Ms. O had accidentally bounced the check, and an $85 diversion fee. A subsequent letter
check and tried to pay the grocery store a few days she received stated:
later when she realized she had overdrawn her
account. The grocery store had already sent the debt
into collections and was unable to accept payment FINAL NOTICE PRIOR TO REFERRAL
under the terms of the check diversion agreement FOR
with National Corrective Group, Inc. Unable to POSSIBLE ARREST WARRANT
work because of a leg injury and unable to afford the
surgery to repair her injury without health insurance,
She said, “I concluded that I would be arrested and
Ms. O could not afford the financial accountability
prosecuted if I did not do what I was being told to do
class and offered to repay the $91 and a $50 fee, but
in the letters. I was in a panic. I had never been in
she continued to receive the threatening letters.275
trouble with the law before. I did not know that I had
committed a crime, but I assumed that I must be in a
Ms. S,276 a California woman who was pregnant with lot of trouble if I was getting a letter from the district
her sixth child and unable to work because of her attorney stating that I could be arrested.”277
pregnancy, was threatened with criminal prosecution
for two bounced checks. Ms. S had a checking account Ms. S called the phone number listed on the letters
with overdraft protection, and although she tried to and spoke with a woman whom she thought was
keep accurate track of her account, she sometimes in the district attorney’s office, who reinforced the
made mistakes. She overdrew the account when she urgency of her situation. “I was so scared that I said
made an ATM withdrawal, and she began getting that I would try to pay, even though we did not have

enough money to pay the checks and the fees being
demanded,” she said. She continued to receive letters
from the “district attorney,” but her family’s financial
situation continued to worsen. Ms. S said “there was
nothing I could do but just hope that I would not be
arrested.”
While driving in Ukiah with her children, Ms. S was

pulled over by a police officer. “I was terrified,” she
said. “I thought I was going to be arrested for the
checks in the letters, and that my children were going
to see me get handcuffed and taken away. I was giving
my children instructions on calling their father to
come pick them up.” When she spoke with the officer
she found out that she was just being warned for not
coming to a complete stop at an intersection.
During this period, her family’s financial stability

was in a downward spiral. Her husband had been
laid off from a good-paying job, and he was not able
to find steady employment that paid the same wages
and benefits. Although he continued to work, he was
periodically laid off, and he was not able to earn as
much money as they needed to support their family.
They borrowed money from family members to pay
bills, but they had fallen so far behind that it was
impossible to catch up. They had debts they could
not repay, including thousands of dollars in unpaid
medical bills.
Finally, she and her husband consulted a bankruptcy

attorney who informed them that the letters were
from a private company, not from the district
attorney, and that the real district attorney had
not investigated Ms. S or considered filing charges
against her. Even after declaring bankruptcy,
she received a letter from the “District Attorney
Restitution/Prosecution Program.” The letter
stated that unless the checks had been dishonored
by the bank as a result of receiving notice of their
bankruptcy, she still had to pay to avoid “criminal
sanctions.”

Appendix II: Federal and State Laws Authorizing
the Arrest and Jailing of Debtors
While contempt power is “inherent in all courts,”278 $250 or the amount of the judgment, depending on
federal and state law expressly authorizes debtors to the court.
be arrested and incarcerated for contempt of court in
certain instances. In Arkansas, a judgment creditor may obtain
discovery from the judgment debtor pursuant
Under federal law, Federal Rules of Civil Procedure to Arkansas’ discovery proceedings.289 Failure to
37(b) and 45(g) allow federal courts to hold comply with discovery orders, including failure to
individuals in contempt for failing to cooperate with appear or failure to serve answers or objections to
discovery or obey subpoenas,279 and Rule 70(e) allows interrogatories, may be considered a contempt of
contempt to be used against disobedient parties in court. Further, the court can require the disobedient
enforcing a judgment.280 Federal bankruptcy courts party “to pay the reasonable expenses, including
also possess contempt power281 and can order the attorney’s fees, caused by the failure,” unless the
marshal or other authority to bring the debtor before court finds that the failure was substantially justified
the court.282 In certain situations, this includes or that other circumstances make an award of
placing the debtor into custody to ensure compliance expenses unjust.”290
with court proceedings.283
In California, a debtor may be held in contempt for
In Alaska, a judgment creditor may obtain failure to appear for a judgment debtor examination.
discovery from a judgment debtor using proceedings If the failure to appear was without good cause, the
supplementary to and in aid of execution.284 Under debtor may have to pay attorney’s fees in addition
Alaska discovery rules, a party that fails to appear or to the judgment amount.291 Following the contempt
submit an interrogatory may be held in contempt of order, superior court judges may issue civil bench
court.285 In situations of contempt, judges can order warrants. Debtors are expected to go to the court to
the accused party to show cause or shall issue an contest the warrant and pay bail.292
arrest warrant.286
In Colorado, if the judgment debtor fails to appear,
In Arizona, a judgment creditor can request at any the court issues a bench warrant commanding the
time an “order for appearance of debtor,” whereby local sheriff to arrest and bring the judgment debtor
the court will issue a subpoena compelling the before the court.293
judgment debtor to appear for deposition upon
oral examination to answer questions about their In Connecticut, a judgment creditor may obtain
property.287 Compliance “may be enforced by the discovery from the judgment debtor, starting with
court by the power to punish for contempt.”288 In interrogatories. If the judgment debtor does not reply
cases of warrants issued for failure to appear at a to an interrogatory within 30 days, the judgment
judgment debtor exam, bonds are typically set at
creditor may move for supplemental discovery orders, efforts are unsuccessful, the creditor can pursue in
including an order for compliance and an order for personam remedies starting with a debtor’s exam.
examination. These orders contain a notice that Failure to appear at the debtor’s exam may result in
failure to comply may subject the debtor to contempt the court issuing a writ of bodily attachment.307 Some
of court.294 judges have recently started requiring creditors
to file a motion to compel before issuing the writ of
In Delaware, in aid of judgment or execution, bodily attachment.
judgment creditors may take discovery by deposition,
interrogatories and requests for production.295 In Illinois, judgment creditors are entitled to
Failure to comply with such discovery may lead to the prosecute “supplementary proceedings” and to have
judgment debtor being held in contempt of court.296 a judgment debtor examined in court for purposes
The penalty for civil contempt in Delaware includes of discovering property and assets, with arrest and
a fine not exceeding $100 or imprisonment not imprisonment as punishments for failure to appear.308
exceeding 170 days.297 Illinois’ 2012 Debtors’ Rights Act requires courts to
send two notifications to debtors before issuing an
In Florida, judgment creditors may request the court arrest warrant. Prior to its enactment, some county
order the judgment debtor to fill out a disclosure form courts issued warrants immediately upon a debtor’s
or comply with other forms of discovery.298 Failure to failure to appear, while others required a rule to show
appear or comply with an order may be considered a cause served on the debtor before warrants could be
contempt of the court.299 issued.309
In Georgia, in aid of the judgment or execution, In Indiana, debtors can be ordered to appear before
a judgment creditor may examine any person, the court to answer as to non-exempt property
including via depositions or interrogatories, and may subject to execution or proceedings supplemental
compel the production of documents.300 If the debtor to execution.310 Failure to appear may result in
fails to comply, the court may make such orders as contempt. In such cases, courts can issue writs
are just and the debtor must pay reasonable expenses, of attachment, which direct the sheriff to take the
including attorney’s fees, in addition to the judgment debtors into custody.311 Incarcerated debtors must be
debt.301 brought before the court that issued the writ within
48 hours, excluding weekends and holidays.312 Courts
In Hawaii, judgment creditors, in proceedings usually set a cash-only bond in these cases.
on and in aid of execution, may obtain discovery
pursuant to the Hawaii Rules of Civil Procedure.302 In Iowa, debtors that had been served with notice but
These rules include contempt in cases where parties fail to appear in proceedings auxiliary to execution or
fail to obey a discovery order.303 Further, if a court fail to make full answers to interrogatories are guilty
suspects that a debtor has disposed of or otherwise of contempt and “may be arrested and imprisoned
concealed property, the court may compel attendance until the debtor complies with the requirements of the
for examination and may punish a “willful hindrance law in this respect.”313
to, or obstruction or disobedience of, any order of the
court as contempt.”304 A warrant of commitment may In Kansas, the court may issue a bench warrant
be issued against contemnors who refuse to comply for contempt of court if a debtor fails to appear for a
with discovery proceedings.305 proceeding in aid of execution of a judgment against
them.314
In Idaho, the court requires creditors to use writs
of attachment to seize non-exempt assets or garnish In Kentucky, after an execution of fieri farcias (a
a debtor’s wages or bank account.306 When such judgment), supplemental proceedings may include

“full and explicit discoveries” which are enforced
by a process of contempt.315 Such supplemental In Massachusetts, courts issue capias warrants for
proceedings include examinations, and in cases debtors who fail to appear at payment hearings. If a
where debtors fail to appear, courts “may as in cases debtor who has made an out-of-court agreement with
of contempt punish a disobedience.”316 the creditor or debt collector has stopped paying and
fails to appear for a payment review hearing, then
In Louisiana, the judgment creditor in aid of the court may issue a capias warrant for the debtor’s
execution of the judgment may examine the judgment arrest. A capias warrant is issued after a judgment
debtor and their “books, papers or documents.”317 has been obtained in a civil suit and the creditor then
If a judgment debtor refuses to appear for an files an action for Supplementary Process where a
examination or refuses to answer a question held sheriff serves a “summons to judgment debtor” to
pertinent by the court, the judgment debtor may be appear at court and the debtor fails to appear on the
punished for contempt.318 appointed date. In such cases, the creditor must
give the capias to a sheriff or constable with a fee of
$300 to have the debtor arrested; this fee can later be
In Maine, if a judgment debtor fails to appear at a
recovered from the defendant in court. This contempt
disclosure hearing, the judgment creditor decides the
of court is punishable by fine or by imprisonment
next steps. The creditor can state that it is unaware
in the common jail for not more than 30 days.323
of infirmity, disability, or good cause preventing
The debtor is to be discharged from custody upon
the appearance of the debtor and request that the
payment in full to the creditor, including the costs
court issue a civil order of arrest. Alternatively, the
of the proceedings, or upon agreement of a payment
creditor can request that the court issue an order
plan bond for the amount due to be paid within 60
of appearance for further disclosure proceedings
days or within a time allowed by the court.324
or file a motion for contempt for failure to appear. If
the debtor fails to appear at the contempt hearing,
the court issues a civil order of arrest.319 When a In Michigan, if a debtor fails to appear at a debtor’s
debtor is arrested pursuant to such a civil order, the exam, some courts will issue a bench warrant, while
debtor is taken to court for the disclosure hearing. If others will require the defendant to appear at a show
the hearing cannot be held that day, the individual cause hearing. If the debtor fails to appear at this
is released on a personal recognizance bond. It hearing, the court will issue a bench warrant for
is a crime under Maine law to fail to appear at a contempt of court. Some judges set the bond at the
disclosure or contempt hearing after being released amount of the judgment or more, while other judges
upon personal recognizance.320 set the bond at $500.325
In Maryland, creditors may obtain discovery to In Minnesota, judgment creditors can request
aid in enforcement of a money judgment by use of that the court order the judgment debtor to fill out a
interrogatories or by examination before a judge. court form about the nature, amount, identity, and
Creditors may obtain additional examinations once locations of all the debtor’s assets, liabilities, and
a year, or upon a showing of good cause.321 If a debtor personal earnings. Failure to complete the form and
fails to appear at an oral examination, the creditor mail it to the creditor within 10 days may result in a
can file for a show case hearing. If the debtor fails citation for civil contempt of court. Cash bail posted
to appear at this hearing, the creditor may request as a result of the citation may be ordered payable
the court issue an attachment for contempt, which to the creditor to satisfy the judgment.326 In cases
directs a peace officer to place the debtor under arrest of consumer debt for personal, family, or household
and deliver the debtor under bond.322 purposes, contempt for failure to comply with the
disclosure requirement is set at $50 and must be
returned to the judgment debtor.327

appear at an examination. If a debtor fails to appear,
In Mississippi, a judgment creditor can examine the court can hold that person in contempt and issue a
the judgment debtor, his books, papers or documents bench warrant.341
to aid in the satisfaction a judgment of more than
$100.328 Further, judgment creditors may utilize In New Hampshire, according to the court rules,
discovery procedures as set forth in the Mississippi judgment creditors can obtain discovery in aid of the
Rules of Civil Procedure.329 According to these Rules, judgment or its execution.342 Additionally, following
individuals who fail to appear or fail to serve answers the court’s rendition of a judgment, the court can
to interrogatories may be held in contempt.330 In order the defendant to make periodic payments
cases of contempt, the state courts have the power to as the court deems appropriate. Failure to make
fine contemnors up to $100 or incarcerate them for no such periodic payments constitutes civil contempt,
longer than 30 days.331 absence good cause.343 Courts can issue attachments
for contempt at any time upon evidence of a debtor’s
In Missouri, judgment creditors may petition the violation of an order and parties may be arrested
court to enter an order requiring the judgment debtor upon order of the court.344
to appear and be examined under oath concerning
their means to satisfy the judgment.332 Failure to In New Jersey, in aid of judgment or execution, a
appear at the examination may result in contempt.333 judgment creditor may examine the judgment debtor
pursuant to discovery procedures.345 If a judgment
In Montana, judgment creditors are entitled, at debtor fails to obey an order for discovery, the
any time, to order from a judge that judgment judgment debtor can file proceedings supported
debtors appear inside the county where they by an affidavit or certification directing that if the
reside and answer regarding their property.334 judgment debtor fails to appear in court or return the
Judgment debtors that fail to comply with discovery required answers, he shall be arrested and confined
proceedings may be held in contempt.335 A court to the county jail until he complies.346 If the judgment
may issue a warrant of commitment against a debtor fails to comply, the court will issue an arrest
contemnor, which may include incarceration, a fine warrant.347 If the warrant for arrest is not executed
of no more than $500, or both, until the contemnor within 24 months, the warrant shall be deemed to
has performed the act.336 A person arrested for a have expired.348
contempt not committed in the immediate view of
a judge does have the opportunity to be heard at In New York, judgment debtors may be served with
a hearing.337 Additionally, if a debtor is deemed to subpoenas requiring attendance at depositions, the
be unjustly refusing to apply property towards the production of books or papers, or the completion
satisfaction of the judgment, they may be arrested of information subpoenas. Judgment creditors
and committed to prison.338 are allowed to submit requests for information
subpoenas only if they have a reasonable belief
In Nebraska, a judgment creditor is entitled at any that the debtor has information that will assist the
time to an order requiring the judgment debtor to creditor in collecting the judgment. Permission by
appear and answer questions about their finances.339 the court is required before creditors can compel
A judge may preemptively issue a warrant for the debtors to appear at a deposition for a second time in
arrest and jailing of the debtor if “there is danger of the same year.349 Failure to comply with a subpoena
the debtor leaving the state or concealing himself to is punishable by contempt of court, and the court
avoid examination.”340 may issue a warrant directing the sheriff to bring the
individual to court.350
In Nevada, a judgment creditor is entitled at any
time to an order requiring the judgment debtor to

including assets, income, and other circumstances.
In North Carolina, judgment debtors who fail to A judge may issue a civil body attachment against a
appear at hearings are directed to appear at a show judgment debtor who fails to appear.359
cause hearing. Failure to appear at this hearing may
result in civil contempt.351 In South Carolina, judgment creditors can use
proceedings supplementary to and in aid of a
In Ohio, failure to comply with a debtor examination, judgment, including examination of the debtor, in
known as proceedings in aid of execution, may be the manner provided in the South Carolina Rules
punished as contempt of court.352 of Civil Procedure.360 A court may hold a judgment
debtor in contempt following failure to attend such
In Oklahoma, a judgment creditor can request at an examination or answer an interrogatory.361
any time that the court order the judgment debtor to Civil contempt may result in the commitment of
appear and answer questions about their property, the individual, although in cases of the inability
income, or liabilities. A judgment creditor’s attorney to perform the act in question or the inability to
at any time may also serve interrogatories, requests endure imprisonment, the court may discharge the
for admissions, or requests for production of individual from incarceration.362 Additionally, if a
documents from the judgment debtor. If the debtor judge is satisfied that a judgment debtor may leave
fails to appear, the judge may authorize either a the state or that he is unjustly refusing to apply
contempt citation or bench warrant. The debtor is property to the judgment, he may issue an arrest
required to pay the cost of service and attorney’s fees, warrant.363 Although South Carolina limits arrests
up to $300 per calendar year.353 If a bench warrant in civil actions,364 these limitations do not apply to
or body attachment is issued, the bond made by the proceedings for contempt.365
debtor is disbursed to the creditor, not the state.354
In Tennessee, judgment creditors may utilize
In Oregon, a judgment creditor at any time can file discovery in aid of execution.366 A debtor who fails to
a motion to obtain an order requiring the judgment comply with discovery may have to pay reasonable
debtor to appear before the court to answer questions expenses in addition to the judgment debt, and arrest
about the debtor’s property.355 A judgment creditor is an available remedy for securing satisfaction of the
may also at any time serve written interrogatories judgment.367
on a debtor regarding that person’s financial affairs.
Failure to answer the interrogatories results in In Texas, courts can utilize contempt proceedings to
contempt of court.356 enforce an order for debtors to turn over property to
satisfy a judgment.368
In Pennsylvania, a creditor at any time may
take testimony via oral examination or written In Utah, the court may conduct hearings as
interrogatories from the debtor. All reasonable necessary to identify and apply property toward the
expenses in connection with this discovery may be satisfaction of the judgment or order.369 The court
charged to the debtor.357 Failure to appear at such may issue bench warrants for debtors who fail to
a hearing may result in the court issuing a bench appear at such hearings. In Washington County in
warrant for the arrest of the debtor.358 Utah, bail is typically set at $250-$500 dollars, and
jailing for contempt can be up to 30 days.370
In Rhode Island, court clerks begin supplementary
proceedings in aid of execution of the judgment by In Vermont, judgment creditors that won judgments
issuing citations that require debtors to appear. At in small claims court may file a motion to hold
these citation hearings, judgment creditors make judgment debtors that fail to comply with payment
inquiries into judgment debtors’ financial ability, orders following a financial disclosure hearing in civil

contempt.37136 If a judgment debtor fails to appear at
the hearing on the motion for civil contempt, they In the Commonwealth of Puerto Rico,
may be held in contempt.37237 Civil contemnors may be judgment creditors may initiate supplementary
incarcerated.37338 procedures, including oral examination and written
interrogatories, against the judgment debtor.386
In Virginia, execution creditors may request The court may compel enforcement with such
that debtors appear before the court to answer proceedings by its power of civil contempt.387
interrogatories.374 If the debtor fails to appear or
answer, the court may issue a capias directing In Washington, D.C., a judgment creditor can
the sheriff to deliver that person to the court. The initiate proceedings supplementary to and in aid
individual may be incarcerated until answers are of a judgment, including oral examination and the
given or the conveyance demanded is made.375 production of papers, records, or other documents.
If the judgment debtor fails to appear, the judgment
In Washington, a judge may order the sheriff to creditor may request that a bench warrant be issued
arrest a judgment debtor who fails to appear at a for the person’s arrest.388
scheduled examination. The debtor may be jailed
until bond is posted or the debtor is brought to
court.376
In Wisconsin, judgment debtors are required

to execute disclosure statements with financial
information to the judgment creditor.377 Debtors may
also be examined under oath and compelled to answer
as to property.378 Failure to appear or comply, except
in cases involving consumer credit transactions,379
may result in the court issuing civil body attachments
against debtors.380 Manitowoc County in Wisconsin
allows plaintiffs to seek the issuance of bench
warrants against judgment debtors who fail to appear
for supplemental examinations or fail to submit
disclosure statements.381
In the Commonwealth of the Northern Mariana

Islands, a judgment creditor may utilize proceedings
supplementary to and in aid of execution of a
judgment.382 After an oral or other examination,
the court makes an order in aid of judgment “as is
just.”383 This often occurs in the form of court-ordered
installment plans. A debtor who fails to appear or
answer a question after being directed to do so by
the court may be considered in contempt of court.384
If a debtor fails to comply with an order in aid of
judgment and after notice to show cause, the debtor
is committed to jail until the debtor complies with the
order or serves for a period as fixed by the court, but
not more than six months.385

Appendix III: Documents
Indiana warrant in case to collect ambulance fee

Kansas sample bench warrant form
(Revised 7/05)
File Stamp Date
Case Number ______
Prepared by:
Filer’s name, SC#
Filer’s address
Filer’s phone number
{Filer’s fax phone number}
{Filer’s e-mail address}
Attorney for Plaintiff
In The District Court of ______ County, Kansas
Plaintiff’s name Plaintiff
vs.
Case No. ______
Defendant’s name Defendant
Defendant’s address
Pursuant to Chapter 61 of
Kansas Statutes Annotated
BENCH WARRANT
To the Sheriff of __________ County, or any other law enforcement officer in the state of Kansas:
You are hereby commanded to arrest and bring before this Court the person,
_______________, judgment debtor herein. Said person is to be brought before this Court for failure
to appear as directed by this Court on ________________, ______, and to show cause, if any, why
__________________________ should not be found in contempt of court. Bond for the release of
__________________________ pending appearance before this Court is set at $______.
Identifiers:
______________________________
Judge of the District Court
WARRANT RETURN
Received this writ on ______________________, _______, at __________ o’clock __.m. and on

_____________________, _________, executed the same by arresting the within named
_________________________ and
(1) holding him/her in custody under the same; whereupon he/she entered into a recognizance for
his/her own appearance as required by law, to answer to the within named charge which
recognizance is herewith returned;
(2) have committed him/her to the jail of ____________ County.
___________________________________
Sheriff
___________________________________
Deputy

Massachusetts capias arrest notice from sheriff

Massachusetts capias arrest warrant letter from constable

Massachusetts capias arrest warrant letter from constable (continued)

Sample warrant of arrest letter from Superior Court of California Marin County

Massachusetts constable letter threatening debtor

Onandaga County District Attorney / Bounceback letter

Onandaga County District Attorney / Bounceback letter (continued)

Yakima County District Attorney / Bounceback letter

Yakima County District Attorney / Bounceback letter (continued)




Endnotes
1. Jailing for unpaid child support; income taxes; or fines, fees, and 5. Jorge Ramos, Rob Wile, Dan Lieberman, One Texas Judge
restitution imposed for criminal offenses or civil infractions, is Responsible for Most of the Student Debt-Related Arrests in
including traffic tickets, are outside the scope of this report. America, Fusion, Apr. 14, 2016, available at http://fusion.net/
“Fees” include courts costs, state and local assessments, and story/291271/student-debt-arrests-houston/.
surcharges intended to help fund the justice system, such
6. Capias is Latin for “bring me the body.” Historically, under
as fees for jail booking, diversion programs, public defender
common law a writ of capias ad satisfaciendum required the local
applications, drug and DNA testing, bail investigation, public
sheriff to arrest a judgment debtor and keep them imprisoned
defender recoupment, jail per-diems, and probation. See, e.g.,
until the debt was paid. David G. Epstein & Jonathan M. Landers,
American Civil Liberties Union (ACLU), In for a Penny: The Rise
Debtors and Creditors: Cases and Materials 96 (1978).
of America’s New Debtors’ Prisons (2010), available at
https://www.aclu.org/sites/default/files/field_document/ 7. Outside the scope of this report is jailing for civil or criminal
InForAPenny_web.pdf; Alicia Bannon, Mitali Nagrecha, Rebekah contempt for unpaid child support. E.g., Turner v. Rogers,
Diller, Criminal Justice Dept: A Barrier to Reentry (2010), 564 U.S. 431 (2011); Tina Griego, Locking Up Parents For Not
available at http://www.brennancenter.org/sites/default/files/ Paying Child Support Can Be a Modern-Day “Debtor’s Prison,”
legacy/Fees%20and%20Fines%20FINAL.pdf; Guilty and Charged Washington Post, September 26, 2014, https://www
Investigative Series, National Public Radio (May 2014), available .washingtonpost.com/news/storyline/wp/2014/09/26/
at http://www.npr.org/series/313986316/guilty-and-charged; locking-up-parents-for-not-paying-child-support-can-be-a-modern-
Alexandra Bastien, Policy Link, Ending the Debt Trap: Strategies day-debtors-prison/?utm_term=.852ed81d555c; Frances Robles,
to Stop the Abuse of Court-Imposed Fines and Fees (March 28, Shaila Dewan, Skip Child Support. Go to Jail. Lose Job. Repeat,
2017), available at http://www.policylink.org/sites/default/files/ New York Times, April 20, 2015, https://www.nytimes
ending-the-debt-trap-03-28-17.pdf; Eli Hager, Debtors’ Prisons, .com/2015/04/20/us/skip-child-support-go-to-jail-lose-job-
Then and Now: FAQ, Marshall Project (February 24, 2015), repeat.html; Carmen Solomon-Fears, Alison M. Smith, Carla
available at https://www.themarshallproject.org/2015/02/24/ Berry, Congressional Research Services (2012), available at
debtors-prisons-then-and-now-faq#.oXAE7D3Se. http://www.ncsea.org/documents/CRS-Report-on-CSE-and-
Incarceration-for-Non-Payment-March-6-2012.pdf. Also outside
2. Consumer Financial Protection Bureau, Consumer Experiences the scope of this report is jailing for civil contempt of court in
with Debt Collection: Findings from the CFPB’s Survey of
civil suits that are not debt collection actions, such as divorce
Consumer Views on Debt (2017), available at http://files proceedings or fraud cases. In such cases, imprisonment can
.consumerfinance.gov/f/documents/201701_cfpb_Debt- continue for years; we documented six cases in which defendants
were jailed for over a year and as long as 14 years for not turning
Collection-Survey-Report.pdf; Press Release, Consumer
over assets owed under civil judgments, usually for unpaid
Financial Protection Bureau, “CFPB Survey Finds Over One-In-
alimony, unpaid legal fees, or for refusal to turn over assets:
Four Consumers Contacted by Debt Collectors Feel Threatened”
Manuel Osete was jailed for nearly three years in Arizona when
(Jan. 12, 2017), available at https://www.consumerfinance.gov/
he failed to turn over more than $800,000 in assets during a
about-us/newsroom/cfpb-survey-finds-over-one-four-consumers-
divorce proceeding, Pennsylvania lawyer H. Beatty Chadwick
contacted-debt-collectors-feel-threatened/.
was jailed for 14 years for refusing to turn over $2.5 million to an
ex-wife, Florida options trader Steven Jay Lawrence was jailed for
3. Fed. Trade Comm’n, Repairing A Broken System: Protecting
six years when he refused to turn over $7 million in an offshore
Consumers in Debt Collection Litigation and Arbitration 5 (July
trust he created after incurring personal debts of $20 million,
2010), available at https://www.ftc.gov/sites/default/files/
Tim Blixseth was jailed for over a year in Colorado, Martin
documents/reports/federal-trade-commission-bureau-consumer- Armstrong spent seven years in prison when he failed to produce
protection-staff-report-repairing-broken-system-protecting/ $15 in gold and antiquities, and Warren Matthei was incarcerated
debtcollectionreport.pdf. on a writ of capias for 10 years in New Jersey for unpaid legal fees.
4. Paul Kiel, So Sue Them: What We’ve Learned About the Debt 8. ACLU interview with Paul Arons, April 12, 2017.
Collection Lawsuit Machine, ProPublica, May 5, 2016, available
at https://www.propublica.org/article/so-sue-them-what-weve- 9. Compl., Consumer Financial Protection Bureau v. National
learned-about-the-debt-collection-lawsuit-machine. Corrective Group, Inc. (D. Md. March 30, 2015), available at

http://files.consumerfinance.gov/f/201503_cfpb_complaint- industry-trends/market-research-reports/administration-
national-corrective-group.pdf. business-support-waste-management-services/administrative/
debt-collection-agencies.html; Consumer Financial Protection
10. State Bar of Texas Collections 101 Course, “Post-Judgment Bureau, CFPB Annual Report: Fair Debt Collection Practices
Discovery and Strategies,” April 30, 2014, available at http:// Act (March 2017), available at https://s3.amazonaws.com/files
www.texasbarcle.com/Materials/Events/12844/161970.pdf. .consumerfinance.gov/f/documents/201703_cfpb_Fair-Debt-
Collection-Practices-Act-Annual-Report.pdf.
11. See 2012 Debtors’ Rights Act; Press Release, Illinois Attorney
General, “Madigan: New Laws Ban Sending Debtors to Prison 17. For 2016, Portfolio Recovery Associates (PRA Group) reported
for Debts, Protect Consumers from High Costs of Refund a net profit margin of 10.25 percent and Encore Capital Group
Anticipation Loans” (July 25, 2012), available at http://www Inc. reported a net profit margin of 7.67 percent, while Walmart
.illinoisattorneygeneral.gov/pressroom/2012_07/20120725 reported a net profit margin of 2.81 percent for that year. See
.html; Press Release, Illinois Attorney General, “Madigan: Wall Street Journal, “PRA Group Inc., Overview: Financials,”
Legislature Passes Debtors’ Rights Act” (May 30, 2012), available at http://quotes.wsj.com/PRAA/financials; http://
available at http://www.illinoisattorneygeneral.gov/ quotes.wsj.com/ECPG/financials; Wall Street Journal, “Wal-
pressroom/2012_05/20120530c.html; Press Release, Illinois Mart Stores Inc., Overview: Financials,” available at http://
Attorney General, “Madigan: House Passes Debtors’ Rights Act” quotes.wsj.com/WMT/financials. See also Encore Capital
(March 29, 2012), available at http://www Group, Form 10-K, 2016 (filed Feb. 23, 2017), available at http://
.ag.state.il.us/pressroom/2012_03/20120329c.html; see investors.encorecapital.com/phoenix.zhtml?c=115920&p=irol-
also Press Release, Illinois Attorney General, “Madigan: reportsannual; PRA Group Inc., Form 10-K, 2016 (filed March 1,
New Laws Ban Sending Debtors to Prison for Debts, Protect 2017), available at http://ir.pragroup
Consumer from High Costs of Refund Anticipation Loans” .com/static-files/9bdaef5f-5aaa-4f4a-ae4a-9d1ca345dc57.
(July 25, 2012), available at http://illinoisattorneygeneral.gov/
pressroom/2012_07/20120725.html; Illinois Debtors Thrown 18. Federal Reserve Bank of New York, Quarterly Report on
in Jail: Lisa Madigan Working to Stop Debt Collector Arrest Household Debt and Credit (February 2017) at 18, available
Warrants, Huffpost, December 13, 2011, http://www at https://www.newyorkfed.org/medialibrary/interactives/
.huffingtonpost.com/2011/12/12/illinois-debtors-thrown- householdcredit/data/pdf/HHDC_2016Q4.pdf.
i_n_1144093.html. Information about current practices in
Illinois based on ACLU interviews and correspondence with Allen 19. Consumer Financial Protection Bureau, Consumer Credit
Schwartz, Executive Director of Coordinated Advice & Referral Reports: A Study of Medical and non-Medical Collections
Program for Legal Services (CARPLS); Michelle Weinberg, Legal (Dec. 2014), available at http://files.consumerfinance
Assistance Foundation of Metropolitan Chicago (LAF); and John .gov/f/201412_cfpb_reports_consumer-credit-medical-and-non-
Roska, Land of Lincoln Legal Assistance. medical-collections.pdf.
12. Caroline Ratcliffe, Brett Theodos, Signe-Mary McKernan, et al., 20. Senate Report No. 95-382 on the Fair Debt Collection Practices
Urban Institute, Debt in America (2014), available at http://www Act, Report of the Committee on Banking, Housing and Urban
.urban.org/sites/default/files/alfresco/publication-pdfs/413190- Affairs U.S. Senate Aug. 2, 1977.
Debt-in-America.PDF; Stu Kantor, 1 in 3 Americans with a Credit
File Has Debt Reported in Collections, urban Institute (July 21. Nael Gabler, The Secret Shame of Middle-Class Americans,
29, 2014), available at http://www.urban.org/1-3-americans- Atlantic, May 2016, available at http://www.theatlantic
credit-file-has-debt-reported-collections; Jeanne Sahadi, 1 in .com/magazine/archive/2016/05/my-secret-shame/476415/;
3 U.S. Adults Have “Debt in Collections”, CNN Money, Aug. Federal Reserve, Report on the Economic Well-Being of U.S.
7, 2014, available at http://money.cnn.com/2014/07/29/pf/ Households in 2013 (2014) at 18, available at https://www
debt-collections/. .federalreserve.gov/econresdata/2013-report-economic-well-
being-us-households-201407.pdf; The PEW Charitable Trusts,
13. Consumer Financial Protection Bureau, CFPB Spotlights What Resources Do Families Have for Financial Emergencies?
Concerns with Medical Debt Collection and Reporting (Dec. 11, (Nov. 18, 2015), available at http://www.pewtrusts.org/en/
2014), available at http://www.consumerfinance.gov/about-us/ research-and-analysis/issue-briefs/2015/11/emergency-savings-
newsroom/cfpb-spotlights-concerns-with-medical-debt-collection- what-resources-do-families-have-for-financial-emergencies;
and-reporting/. See also Michael Karpman, Kyle J. Caswell, Federal Reserve, Report on the Economic Well-Being of U.S.
Past-Due Medical Debt Among Nonelderly Adults, Urban Institute Households in 2013 (July 2014) at 18, available at https://www
(March 2017), available at http://www.urban.org/sites/default/ .federalreserve.gov/econresdata/2013-report-economic-well-
files/publication/88586/past_due_medical_debt.pdf. being-us-households-201407.pdf; Allison Ross, Financial Security
Index: Saving for a Rainy Day, Bankrate, June 23, 2014, available
14. Consumer Financial Protection Bureau, Consumer Experiences at http://www.bankrate.com/finance/consumer-index/saving-
with Debt Collection: Findings from the CFPB’s Survey of for-a-rainy-day.aspx; Dan Mangan, Oh, My Aching Debt! Medical
Consumer Views on Debt (2017), available at http://files Bills Top Emergency Savings, CNBC, Sept. 4, 2014, available at
.consumerfinance.gov/f/documents/201701_cfpb_Debt- http://www.cnbc.com/2014/09/03/medical-bills-top-emergency-
Collection-Survey-Report.pdf. savings-for-many-survey.html.
15. ACA International and Ernst & Young, An Analysis of the 22. Paul Ausick, Americans’ Debt Total: $12.35 Trillion, Yahoo
Consumer Financial Protection Bureau’s Current Debt Collection Finance, Dec. 15, 2016, available at http://finance.yahoo.com/
Complaints, November 2013.  news/americans-debt-total-12-35-142053810.html. For minimum-
wage earners, the real value of their wages has increased only
16. IBIS World, Debt Collection Agencies in the US 21 percent since 1990, while the cost of living has increased 67
(December 2016), available at https://www.ibisworld.com/ percent during the same period; see Dave Gilson, Overworked

America: 12 Charts That Will Make Your Blood Boil, Mother at http://www.pewresearch.org/fact-tank/2014/12/12/
Jones, July/August 2011, available at http://www.motherjones racial-wealth-gaps-great-recession.
.com/politics/2011/05/speedup-americans-working-harder-
charts/. Research by the Economic Policy Institute found that 27. On Views of Race and Inequality, Blacks and Whites Are Worlds
minimum wage workers earn far less than they need to make Apart, PEW Research Center, June 27, 2016, available at http://
ends meet, no matter where they live in the United States; see www.pewsocialtrends.org/2016/06/27/1-demographic-trends-
Elise Gould, Tanyell Cooke, Will Kimball, What Families Need and-economic-well-being/#fn-21776-11.
to Get By, Economic Policy Institute, Aug. 26, 2015, available at
http://www.epi.org/publication/what-families-need-to-get-by- 28. See, e.g., PEW Charitable Trusts, What Resources Do Families
epis-2015-family-budget-calculator/; Fred Imbert, Cost of Living Have for Financial Emergencies? (Nov. 18, 2015), available
Is Increasingly Out of Reach for Low-Wage Workers, CNBC, Aug. at http://www.pewtrusts.org/en/research-and-analysis/
31, 2015, available at https://www.cnbc.com/2015/08/31/cost- issue-briefs/2015/11/emergency-savings-what-resources-do-
of-living-is-increasingly-out-of-reach-for-low-wage-workers families-have-for-financial-emergencies.
.html. Research by the Center for American Progress found
that for the middle class, real incomes have been stagnant 29. For instance, the FDIC has found that payday borrowers are
or declining while the cost of living has risen dramatically disproportionately Latino or African-American. Federal
at the same time; see Jennifer Erickson, “The Middle-Class Deposit Insurance Corporation, FDIC National Survey
Squeeze,” CENTER FOR AMERICAN PROGRESS (September of Unbanked and Underbanked Households: Appendices,
24, 2014), available at https://www.americanprogress.org/ at 83-84 (Oct. 2014), available at https://www.fdic.gov/
issues/economy/reports/2014/09/24/96903/the-middle- householdsurvey/2013appendix.pdf.
class-squeeze/. Research by EPI also found that since 1979,
low-wage workers’ hourly wages have decreased 5 percent and 30. See, e.g., Rakesh Kochhar & Richard Fry, Wealth Inequality
middle-wage workers’ wages have increased only 6 percent, while Has Widened Along Racial, Ethnic Lines Since End of Great
those with a very high wage saw a 41 percent increase. See Elise Recession, PEW Research Center, Dec. 12, 2014, available at
Gould, 2014 Continues a 35-Year Trend of Broad-Based Wage http://www.pewresearch.org/fact-tank/2014/12/12/racial-
Stagnation, Economic Policy Institute, Feb. 19, 2015, available wealth-gaps-great-recession/; Paul Kiel, What Small Debts
at http://www.epi.org/publication/stagnant-wages-in-2014/; Matter So Much to Black Lives, ProPublica, Dec. 31, 2015,
Josh Bivens, Elise Gould, Lawrence Mishel, et al., Raising available at https://www.propublica.org/article/why-small-
America’s Pay, Economic Policy Institute, June 4, 2014, available debts-matter-so-much-to-black-lives; Code Switch: Black, Latino
at http://www.epi.org/publication/raising-americas-pay/; Drew Two-Parent Families Have Half the Wealth of White Single
Desilver, For Most Workers, Real Wages Have Barely Budged Parents, National Public Radio, Feb. 8, 2017, available at http://
for Decades, PEW Research Center, Oct. 9, 2014, available www.npr.org/sections/codeswitch/2017/02/08/514105689/
at http://www.pewresearch.org/fact-tank/2014/10/09/ black-latino-two-parent-families-have-half-the-wealth-of-white-
for-most-workers-real-wages-have-barely-budged-for-decades/. single-parents; Amy Traub, Demos, The Asset Value of Whiteness
(2017), available at http://iasp.brandeis.edu/pdfs/2017/
23. PEW Research Center, Views of Job Market Tick
AssetValue.pdf.
Up, No Rise in Economic Optimism, Sept. 4, 2014,
available at http://www.people-press.org/2014/09/04/
31. PEW Charitable Trusts, What Resources Do Families Have for
views-of-job-market-tick-up-no-rise-in-economic-optimism/.
Financial Emergencies? (Nov. 18, 2015), available at http://www
24. Car title loans—sometimes also called car title pawns—are .pewtrusts.org/en/research-and-analysis/issue-briefs/2015/11/
predatory short-term loans issued to cash-strapped borrowers emergency-savings-what-resources-do-families-have-for-financial-
who offer the titles of their vehicles as collateral, and they usually emergencies.
carry high interest rates in the triple digits. When consumers are
unable to repay the loans, they lose their cars, often their biggest 32. Paul Kiel & Annie Waldman, The Color of Debt: How Collection
or sole asset. For more information, see e.g., PEW Charitable Suits Squeeze Black Neighborhoods, ProPublica, Oct. 8, 2015,
Trusts, Auto Title Loans (March 2015), available at http://www available at https://www.propublica.org/article/debt-collection-
.pewtrusts.org/~/media/assets/2015/03/autotitleloansreport. lawsuits-squeeze-black-neighborhoods; Paul Kiel & Annie
pdf; Fred Schulte, Lawmakers Protect Title Loan Firms While Waldman, The Burden of Debt on Black America, Atlantic, Oct.
Borrowers Pay Sky-High Interest Rates, Center for Public 9, 2015, available at https://www.theatlantic.com/business/
Integrity, Dec. 9, 2015, available at https://www.publicintegrity archive/2015/10/debt-black-families/409756/.
.org/2015/12/09/18916/lawmakers-protect-title-loan-firms-
while-borrowers-pay-sky-high-interest-rates. 33. New Economic Project, The Debt Collection Racket in New York
(June 2013), available at http://www.neweconomynyc.org/wp-
25. On Views of Race and Inequality, Blacks and Whites Are Worlds content/uploads/2014/08/DebtCollectionRacketUpdated.pdf.
Apart, PEW Research Center, June 27, 2016, available at http://
www.pewsocialtrends.org/2016/06/27/1-demographic-trends- 34. Once a judgment has been entered, many courts refer to the
and-economic-well-being/#fn-21776-11. creditors and debtors as judgment creditors and judgment
debtors.
26. The racial wealth gap is calculated as the difference between the
net worth (assets minus debts) of a typical white household and 35. Depending on the jurisdiction, these proceedings are called
a typical Black household. The gap in white and Black household “judgment debtor examinations,” “citations to discover assets,”
wealth is a longstanding problem and has been widening in “supplementary proceedings,” “orders for examination,”
recent years. See Rakesh Kochhar & Richard Fry, Wealth “disclosure hearings,” or “proceedings in aid of execution.” See,
Inequality Has Widened Along Racial, Ethnic Lines Since End of e.g., Lea Shepard, Creditors’ Contempt, 2011 BYU L. Rev. 1509,
Great Recession, Pew Research Center, Dec. 12, 2014, available 1518 (2011).

36. To be clear, debtors are not incarcerated for failure to pay a debt, but entitled to an order… requiring the debtor to appear and answer
rather they are incarcerated for contempt of court. In these cases, concerning his or her property…”); Okla. Stat. tit. 12, § 842 (“At
the judge writes a warrant for arrest on the charge of contempt of any time after a final judgment … on application of the judgment
court for a debtor’s failure to appear in court, for failure to supply creditor, a judge … shall order the judgment debtor to appear …
information to the court and/or the creditor, or for disobeying a to answer concerning the judgment debtor’s property.”); Or. Rev.
court order. Depending on the jurisdiction, the arrest warrants are Stat. Ann. § 18.265 (“At any time after a judgment is entered, a
known as “body attachments,” “capias warrants,” “writs of bodily judgment creditor may upon motion obtain an order requiring
attachment,” or simply bench warrants. In some cases, judges may the judgment debtor to appear before the court…”); Pa. R. Civ. P.
first order the debtor to appear at a contempt hearing, sometimes 3117 (“Plaintiff at any time after judgment … may … take … oral
called an order to show cause hearing, and issue the arrest warrant examination or written interrogatories.”).
if they fail to appear for that hearing.
44. Davis v. Neb. Furniture Mart, Inc., No. 11-2559-JAR, 2013 WL
37. These 852 body attachments were issued in contract cases. In 3854462 (D. Kan. July 24, 2013).
addition, courts issued 43 body attachments in non-contract
cases. 45. Id.
38. Data provided by the Nebraska State Court Administrator’s 46. Charles Jordan Tabb, The History of Bankruptcy Law in the
Office in response to an open records request filed by the ACLU. United States, 3 Am. Bankr. Inst. L. Rev. 5, 16 (1995).
39. Data collected by Erika Rickard, Associate Director of Field
47. 28 U.S.C. § 2007 (stating in § 2007(a) that “A person shall not be
Research at Harvard Law School’s Access to Justice Lab, in
imprisoned for debt on a writ of execution or other process issued
September 2017 using the Massachusetts Trial Court Electronic
from a court of the US in any State wherein imprisonment for
Case Access at http://www.masscourts.org/.
debt has been abolished…”).
40. In FY 2016, 1,886 civil bench warrants were issued by Utah
48. 460 U.S. 752, 757 (1983). This is derived from Federal Rule of
justice court judges, and 3,945 warrants were issued by district
court judges. In 2015, 3,872 civil bench warrants were issued by Civil Procedure 69(a)(1), which states that a “money judgment
Utah district court judges and 1,610 by justice court judges. Mark is enforced by a writ of execution...” as opposed to via contempt
Shenefelt, Utah Courts Increase Use of Civil Bench Warrants proceedings. The first sentence in Fed. R. Civ. P. 69(a)(1)
to Compel Debt Payments, Standard Examiner, Mar. 26, 2017, continues, “unless the court directs otherwise.” This is read
available at http://www.standard.net/Courts/2017/03/26/ narrowly and does not include contempt proceedings. Suffler
Utah-courts-increase-use-of-civil-bench-warrants-to-compel-debt- v. Heritage Bank, 750 F.2d 1141, 1147 (9th Cir. 1983). See also
payments-jails-Tremonton-Box-Elder; Mark Shenefelt, Box Elder Hilao v. Estate of Marcos, 95 F.3d 848, 854 (9th Cir. 1996); In
Jail Inmate’s Death Raises Concerns For Justice System, Not Foul re Wallace, 490 B.R. 898, 906-07 (B.A.P. 9th Cir 2013); In re
Play, Standard Examiner, Feb. 23, 2016, available at http://www Valentine, 2014 WL 1347229, No. 12-20740-TLM, at *5 (Bankr.
.standard.net/Courts/2016/02/22/Box-Elder-jail-death-sparks- D. Idaho Apr. 3, 2014); Combs v. Ryan’s Coal Co., Inc., 785 F.2d
attention-to-civil-bench-warrants.html. 970, 980 (11th Cir. 1986); Aetna Cas. & Sur. Co. v. Markarian,
114 F.3d 346, 349 (1st Cir. 1997). This report focuses on private,
41. Katie Rogers, Viral Student Loan Nightmare Is Not What It household, and consumer debts. The incarceration of indigent
Seems, Authorities Say, New York Times, Feb. 16, 2016, available defendants unable to pay criminal justice debt like fines, fees, and
at https://www.nytimes.com/2016/02/17/us/viral-student-loan- costs is outside the scope of this report. In such cases, a trio of
nightmare-is-not-what-it-seems-authorities-say.html?_r=2; Rob Supreme Court cases has limited debtor’s prisons by prohibiting
Wile, U.S. Marshals May Have Arrest Warrants For Hundreds states from discriminating based on indigence when considering
Who Haven’t Paid Their Student Loans, Splinter, Feb. 18, 2016, incarceration for failure to pay such debt. See Bearden v. Georgia,
available at http://fusion.net/u-s-marshals-may-have-arrest- 461 U.S. 660 (1983); Williams v. Illinois, 399 U.S. 235 (1970);
warrants-for-hundreds-who-1793854803. Tate v. Short, 401 U.S. 395 (1971). The ACLU continues to expose
and challenge the arrest and jailing of poor people for failure to
42. See, e.g., United States v. Wheeler, S.D. Texas, 4:98-cv-2690; In re
pay legal debts. See, e.g., American Civil Liberties Union (ACLU),
Gabrielova, 527 S.W.3d 290 (Tex. App. 2016).
In for a Penny: The Rise of America’s New Debtors’ Prisons
43. In most jurisdictions, creditors are not required to provide (2010), available at https://www.aclu.org/sites/default/files/
evidence that a debtor’s circumstances have changed before field_document/InForAPenny_web.pdf.
requesting additional hearings, even though multiple debtor’s
examinations or written interrogatories are unlikely to lead to 49. See, e.g., In re Adam, 100 P.3d 77, 88 (Haw. Ct. App. 2004)
the discovery of additional non-exempt assets. Instead, many (holding that contempt of court in Hawaii is not a remedy used to
state laws explicitly allow creditors to not only request that enforce a judgment); Papatheofanis v. Allen, 215 P.3d 778 (N.M.
debtors appear “at any time,” but also to enforce compliance Ct. App. 2009) (holding that New Mexico’s courts cannot use civil
with such proceedings via the court’s contempt power. Creola contempt to enforce a civil money judgment).
Johnson, Prosecuting Creditors and Protecting Consumers:
Cracking Down on Creditors that Extort via Debt Criminalization 50. Forty-one states ban imprisonment for debt by constitutional
Practices, 80 Law & Contemp. Probs. 211, 228 (2017). See, e.g., provision, some of which include exceptions in cases of
Ariz. Rev. Stat. Ann. § 12-1631 (“… the judgment creditor, at any fraud or other circumstances. The other nine states prohibit
time may: [h]ave an order from the court requiring the judgment imprisonment for debt by statute. See Christopher D. Hampson,
debtor to appear and answer concerning his property…”); State Bans on Debtors’ Prisons and Criminal Justice Debt,
Neb. Rev. Stat. Ann. § 25-1565 (“At any time after the entry of 129 Harv. L. Rev. 1024, 1035 n.95, n.99 (2016) (listing the
judgment against the judgment debtor… the judgment creditor is constitutional provisions and state statutes).

51. Richard E. James, Putting Fear Back into the Law and Debtors 2014, available at http://www.texasbarcle.com/Materials/
Back into Prison: Reforming the Debtors’ Prison System, 42 Events/12844/161970.pdf.
Washburn L. J. 143, 149 (2002).
58. ACLU interview with Judge Lenore Driggs, April 27, 2017.
52. Instead of using contempt authority, both the federal government
and the states use writs of execution—where local law 59. Doug Donovan, Jared Kushner’s Firm Seeks Arrest of Maryland
enforcement seize non-exempt assets to cover the judgment—or in Tenants to Collect Debt, Baltimore Sun, Aug. 16, 2017, available at
personam remedies—such as debtor’s examinations—to attempt http://www.baltimoresun.com/news/maryland/investigations/
to collect money judgments. Federal Rule of Civil Procedure 69(a) bs-md-kushner-arrests-20170812-story.html.
(1) states that “[t]he procedure on execution—and in proceedings
supplementary to and in aid of judgment or execution—must 60. Gomes v. Midland Funding, LLC 839 F. Supp. 2d 417 (2012).
accord with the procedure of the state where the court is located.”
Fed. R. Civ. P. 69(a)(1). Some states require creditors to first 61. ACLU interview with Dalié Jiménez, June 8, 2017.
attempt execution of the judgment via writs of execution, where
local law enforcement seize non-exempt assets to cover the 62. Data collected by Erika Rickard, Associate Director of Field
judgment, before they allow creditors to initiate in personam Research at Harvard Law School’s Access to Justice Lab, in
remedies. Given that many debtors lack non-exempt assets to September 2017 using the Massachusetts Trial Court Electronic
cover their debt, most debt collectors view this requirement as Case Access at http://www.masscourts.org/. Cases were
a procedural hurdle that must be surpassed before in personam categorized broadly as “consumer debt” by (1) plaintiff name,
remedies can be pursued. Other states allow creditors and debt including debt buyers, banks, utilities, fuel, medical debt, and
collectors to immediately utilize in personam remedies. See Lea student debt, and (2) defendant name, indicating that defendant
Shepard, Creditors’ Contempt, 2011 BYU L. Rev. 1509, 1529-30 is an individual and not a business or other entity. Court divisions
(2011). For example, in Idaho, the court written instructions were randomly selected from the District Court location and are
for judgment debtor examinations state that creditors must not necessarily representative of the state as a whole.
first attempt collection via a writ of execution. The instructions
recognize that this is merely a procedural hurdle, as “[t]ypically, 63. ACLU email correspondence with Scott Kinkley, June 22, 2017.
the Sheriff does not receive payment or find assets.” CAO CvPi
10-5 Instructions for Judgment Debtor Examinations, Court 64. Liz Dedrick, Northeastern University School of Law, A Report on
Assistance Office, State of Idaho Judicial Branch, https:// the Initial Impact of Recent Changes to the Massachusetts Uniform
courtselfhelp.idaho.gov/other-misc-civil# (found under Small Claims Rules, Feb. 25, 2011 (on file with the ACLU).
Enforcing Civil Judgments).
65. ACLU interview with Katherine Rybak, June 8, 2017.
53. Courts differentiate the failure to pay money judgments, where
contempt is unavailable, from debtors’ failure to comply with 66. ACLU interview with Katie Johnson, May 10, 2017.
such proceedings, where contempt is available and regularly
67. Button v. James, 909 N.E.2d 1007 (Ind. Ct. App. 2009).
used. In such instances, debtors are held in contempt not for the
inability to pay the money judgment, but for refusing to comply
68. Id.
with court orders designed to satisfy the money judgment. Some
courts have also differentiated between the failure to comply with 69. See letter in Appendix III of this report.
turnover orders or installment plans, where debtors are expected
to give up certain assets or make payments, from the failure to 70. In 1833, the federal government ended incarceration for debt. A
pay money judgments. Despite their similarity to failure to pay, 1948 statute, 28 U.S.C. § 2007, prohibits incarceration for debt
courts have upheld the use of contempt and incarceration in such anywhere where it is outlawed by state law. As each state bars
cases, viewing them as proceedings supplementary to the money imprisonment for debt either in its constitution or by statute,
judgment as opposed to a failure to pay the money judgment debtors’ prisons have theoretically been eliminated in the United
itself. See Abbasid, Inc. v. First National Bank, No. CV-09-00354 States. See Charles Jordan Tabb, The History of Bankruptcy
JP/LFG, 2010 WL 11493333, at *3 (D.N.M. Sept. 9, 2010) Law in the United States, 3 Am. Bankr. Inst. L. Rev. 5, 16 (1995);
(reviewing 10th Circuit precedent along similar lines).
Christopher D. Hampson, State Bans on Debtors’ Prisons and
Criminal Justice Debt, 129 Harv. L. Rev. 1024, (2016).
54. Ex parte Robinson, 86 U.S. 505, 510 (1874).
71. See, e.g., Ronald S. Canter, Collection of Contract Debts, Md. Inst.
55. See Rob Wile, Dan Lieberman, One Texas Judge Is Responsible
For Continuing Prof’l Educ. Law, Inc. (2012); Edward C. Dolan,
for Most of the Student Debt-Related Arrests in America, Fusion
Collection of Contract Debts, in Practice Manual for the Maryland
TV, Apr. 14, 2016, available at http://fusion.net/story/291271/
Lawyer S-35, S-36 (3d ed.2002) (“[B]ody attachments are usually
student-debt-arrests-houston/.
rather effective, as most debtors do not like to be imprisoned and
56. Cersonsky was quoted as telling a reporter in 2012 that suddenly find funds.”); Karen I. Englehardt, Guide to Collection
his five-attorney law firm had collected as much as $1 Procedures in Federal Court, 16 CHIC. BAR ASS’N REC. 34,
million from student loan debtors in one year alone. John 36–37 (2002) (“If the witness does not attend that hearing, you
Hechinger, Teacher’s Wages Garnished As U.S. Goes should ask the court to enter a body attachment, the process
After Loan Default, Bloomberg, Jul. 2, 2012, available at where the U.S. Marshal’s Service will arrest and bring the
https://www.bloomberg.com/news/articles/2012-07-02/ witness to the Judge.”); M.H. “Butch” Cersonsky, Post-Judgment
teacher-s-wages-garnished-as-u-s-goes-after-loan-default. Discovery and Strategies, Texas Bar Continuing Legal Education
(2014), available at http://www.texasbarcle.com/Materials/
57. M. H. “Butch” Cersonsky, State Bar of Texas Collections 101 Events/12844/161970.pdf (stating “It’s easier to settle when the
Course, “Post-Judgment Discovery and Strategies,” April 30, debtor is under arrest.”).

72. Ronald S. Canter, Collection of Contract Debts, Md. Inst. For 87. See Jayne S. Ressler, Civil Contempt Confinement and the
Continuing Prof’l Educ. Law, Inc. (2012). Bankruptcy Abuse Prevention and Consumer Protection Act of
2005: An Examination of Debtor Incarceration in the Modern
73. Chris Serres, Debtors and the New Breed of Collectors: Is Jailing Age, 37 RUTGERS L.J. 355 (2006) (arguing for more robust due
Debtors the Same as Debtors’ Jail?, STAR Tribune, Jun. 6, 2010, at process protections for defendants subject to incarceration for
A9. civil contempt).
74. Kelly M. Greco & Stephanie R. Hammer, No More “Debtors’ 88. See, e.g., National Consumer Law Center, The Debt Machine: How
Prison”: Greater Notice, Protections for Judgment Debtors, 101 Ill. the Collection Industry Hounds Consumers and Overwhelms the
B. J. 134 (2013). Courts (July 2010), available at https://www.nclc.org/images/

pdf/debt_collection/debt-machine.pdf.
75. In re Daniels, 316 B.R. 342 (Bankr. D. Idaho 2004).
89. Paul Kiel, So Sue Them: What We’ve Learned About the Debt
76. See, e.g., Minn. Stat. § 550.011 (“Cash bail posted as a result of Collection Lawsuit Machine, ProPublica, May 5, 2016, available
being cited for civil contempt of court order under this section at https://www.propublica.org/article/so-sue-them-what-weve-
may be ordered payable to the creditor to satisfy the judgment, learned-about-the-debt-collection-lawsuit-machine.
either partially or fully.”); Okl. Stat. tit. 12, § 68 (When the
“person arrested, pursuant to the authority of such process, 90. Fed. Trade Comm’n, Repairing A Broken System: Protecting
makes a bond for his appearance… the bond made shall be Consumers in Debt Collection Litigation and Arbitration 5 (July
disbursed … to the party in the suit who has procured the bench 2010), available at https://www.ftc.gov/sites/default/files/
documents/reports/federal-trade-commission-bureau-consumer-
warrant… rather than to the State of Oklahoma.”).
protection-staff-report-repairing-broken-system-protecting/
77. Lea Shepard, Creditors’ Contempt, 2011 BYU L. Rev. 1509, 1535 debtcollectionreport.pdf.
(2011).
91. Human Rights Watch, Rubber Stamp Justice: US Courts, debt
Buying Corporations, and the Poor 2, 12-15 (2016), available at
78. E.g., State v. Burgess, No. E2015-02213-CCA-R3-CD, 2017
https://www.hrw.org/sites/default/files/report_pdf/us0116_
WL2117029 (Tenn. Crim. App. May 15, 2017); Daviscourt v.
web.pdf; see also Paul Kiel & Annie Waldman, The Color of Debt:
Columbia State Bank, No. 05-cv-00687, 2006 WL 2781593 (D.
How Collection Suits Squeeze Black Neighborhoods, ProPublica,
Colo. Nov. 9, 2006).
Oct. 8, 2015, available at https://www.propublica.org/article/
debt-collection-lawsuits-squeeze-black-neighborhoods.
79. Iskric v Commonwealth Fin Sys (In re Iskric), 496 BR 355, 364
(Bankr. MD Pa, 2013). In Re Iskric, Bankruptcy No. 1-12-bk-
92. Dalié Jiménez, Dirty Debts Sold Dirt Cheap, 52 Harv. J. on Legis.
03839-RNO. Adversary No. 1-13-ap-00076-RNO, 496 B.R. 355 41 (2015).
(2013).
93. Fed. Trade Comm’n, Collecting Consumer Debts: The Challenges
80. Rains v. Dr. Auto Care LLC, Case No. 10-34826 (Bankr N.D. Ohio of Change, A Workshop Report, at 24 (Feb. 2009), available at
March 24, 2011). https://www.ftc.gov/sites/default/files/documents/reports/
collecting-consumer-debts-challenges-change-federal-trade-
81. Mariah Noble, Utah Man Jailed for Unpaid Bill Killed Himself commission-workshop-report/dcwr.pdf.
with Poison Rather Than Stay in Jail, Police Say, SALT Lake
Tribune, Nov. 18, 2016, available at http://www 94. See, e.g., Kathy M. Kristof, When Debt Collectors Go After the
.sltrib.com/news/4596028-155/utah-man-took-fatal-dose-of; Wrong Person, Los Angeles Times, Dec. 19, 2010, available
Mark Shenefelt, Man Who Died in Box Elder Jail Was There at http://articles.latimes.com/2010/dec/19/business/
For Not Paying Debt, Standard Examiner, Feb. 15, 2016, la-fi-perfin-20101219.
available at http://www.standard.net/Courts/2016/02/14/
Man-who-died-in-Box-Elder-jail-was-there-for-not-paying-a-debt. 95. See, e.g., Appleseed, Due Process and Consumer Debt:
Eliminating Barriers to Justice in Consumer Credit Cases (2010),
82. In re Butler, No. 07-81047, 2011 WL 806078 (Bankr. C.D. Ill. Mar. available at http://www.appleseednetwork.org/wp-content/
11, 2011). uploads/2012/05/Due-Process-and-Consumer-Debt.pdf;
Testimony of April Kuehnhoff, Staff Attorney at the National
83. Zencka v. Lake Cnty., Cause No. 2:14-CV-371 (N.D. Ind. May 24, Consumer Law Center on behalf of its low-income clients,
2016). before the Massachusetts Legislature Joint Financial Services
Committee, in support of S.146/H.804, An Act Relative to
84. Compl., Zimmerman v. Bellows, No. 0:12-cv-02811-RHK-SER (D. Family Financial Protection (October 27, 2015), available at
Minn. Nov. 2, 2012), available at http://www.hansenlawoffice https://www.nclc.org/images/pdf/debt_collection/testimony-
.com/MNDebtorsprison/Complaint%20-%20filed.pdf. act-family-prot-2015.pdf; Fed. Trade Comm’n, The Structure
and Practices of the Debt Buying Industry, (2013), available at
85. Mem. Op. Order, Zimmerman v. Bellows, 988 F. Supp. 2d 1026, https://www.ftc.gov/sites/default/files/documents/reports/
1030 (D. Minn. 2013), available at https://casetext.com/case/ structure-and-practices-debt-buying-industry/debtbuyingreport.
zimmerman-v-bellows. pdf; Fed. Trade Comm’n, Repairing A Broken System: Protecting
Consumers in Debt Collection Litigation and Arbitration 5 (July
86. Human Rights Watch, Rubber Stamp Justice: US Courts, Debt 2010), available at https://www.ftc.gov/sites/default/files/
Buying Corporations, and the Poor 50-51 (2016), available at documents/reports/federal-trade-commission-bureau-consumer-
https://www.hrw.org/sites/default/files/report_pdf/us0116_ protection-staff-report-repairing-broken-system-protecting/
web.pdf. debtcollectionreport.pdf; Dalié Jiménez, Dirty Debts Sold Dirt

Cheap, 52 Harv. J. on Legis. 41 (2015); Peter Holland, Junk Low Appearance Rate by Defendants in Lawsuits Filed in the Civil
Justice: A Statistical Study of 4,400 Lawsuits Filed by Debt Buyers, Court of the City of New York, 1, 11 (2008) (estimating that “nine
26 Loy. Consumer L. Rev. 179, 206-10 (2014); New Economy out [of] ten New Yorkers who are sued in the Civil Court of the
Project, Legal Aid Society, MFY Legal Services, & Urban Justice City of New York are being denied their right to be heard because
Center, Debt Deception: How Debt Buyers Abuse the Legal of possibly illegal process serving practices” based on study of 91
System to Prey on Lower-Income New Yorkers 1 (May 2010), debt collection lawsuits); Appleseed, Due Process and Consumer
available at https://www.neweconomynyc.org/wp-content/ Debt: Eliminating Barriers to Justice in Consumer Credit Cases,
uploads/2014/08/DEBT_DECEPTION_FINAL_WEB-new-logo 12 (2010) (“Consumer debt litigants, court personnel, and judges
.pdf; Human Rights Watch, Rubber Stamp Justice: US Courts, all confirm that the number of default judgments entered because
Debt Buying Corporations, and the Poor (2016), available at the defendant was not actually served is unacceptably high.”).
https://www.hrw.org/sites/default/files/report_pdf/us0116_ Some defendants receive notice of debt collection litigation
web.pdf. only after the entry of default judgment against them and the
garnishment of their wages or bank accounts. See Fed. Trade
96. An FTC roundtable workshop elicited estimates that close Comm’n, Repairing A Broken System: Protecting Consumers in
to 90 percent of debt collection lawsuits resulted in default Debt Collection Litigation and Arbitration 9 n.23 (July 2010).
judgments in their jurisdictions. Fed. Trade Comm’n, Repairing
A Broken System: Protecting Consumers in Debt Collection 99. Human Rights Watch, Rubber Stamp Justice: US Courts, Debt
Litigation and Arbitration 7 (July 2010), available at https:// Buying Corporations, and the Poor 38 (2016), available at https://
www.ftc.gov/sites/default/files/documents/reports/ www.hrw.org/sites/default/files/report_pdf/us0116_web.pdf.
federal-trade-commission-bureau-consumer-protection-staff-
report-repairing-broken-system-protecting/debtcollectionreport 100. See, e.g., Monique Sykes et al. vs. Mel Harris & Associates, LLC
.pdf. See also, e.g., McCollough v. Johnson, Rodenburg & et al., 13-2742-cv (2d Cir. 2015); Martha Neil, $59M Settlement in
Lauinger, L.L.C., 637 F.3d 939 (9th Cir. 2011) (estimating “Sewer Service” Debt-Collection Suit; 190,000 Default Judgment
that 90 percent of collection lawsuits result in a default); New May Be Vacated, ABA Journal, Nov. 16, 2015, available at http://
Economy Project, Legal Aid Society, MFY Legal Services, & www.abajournal.com/news/article/59m_settlement_in_sewer_
Urban Justice Center, Debt Deception: How Debt Buyers Abuse service_debt_collection_suit_115k_default_judgments; Ray
the Legal System to Prey on Lower-Income New Yorkers 6 (May Rivera, Suit Claims Fraud by New York Debt Collectors, New York
2010) (finding that 94.3 percent of cases in a sample of New Times, Dec. 30, 2009, available at http://www.nytimes
York City collection lawsuits resulted in a default judgment .com/2009/12/31/nyregion/31debt.html.
or a settlement); Dignity Faces a Steamroller: Small-Claims
Proceedings Ignore Rights, Tilt to Collectors, Boston Globe, July 101. Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306, 314
31, 2006 (finding an 80 percent default rate in Massachusetts (1950) (holding also that the means employed “must be such as
collection lawsuits); Urban Justice Center, Debt Weight: one, desirous of actually informing the absentee, might actually
the Consumer Credit Crisis in New York City and Its Impact reasonably adopt to accomplish it.” Id. at 315).
on the Working Poor 1 (Oct. 2007), available at https://cdp.
urbanjustice.org/sites/default/files/CDP_Debt_Weight.pdf 102. Greene v. Lindsey, 456 U.S. 444, 453-54 (1982).
(finding 80 percent of debt collection actions in New York resulted
in default judgments); MFY Legal Services, Justice Disserved: A 103. Jones v. Flowers, 547 U.S. 220, 225 (2006).
Preliminary Analysis of the Exceptionally Low Appearance Rate
by Defendants in Lawsuits Filed in the Civil Court of the City of 104. Studies have shown that less than 2 percent of Maryland debtors
New York (2008) (finding a default rate of 90 percent among New and less than 1 percent of individuals sued by debt buyers in New
York City debtors sued by the seven largest debt collection firms), York City had legal representation. Peter Holland, Junk Justice:
available at http://mobilizationforjustice.org/wp-content/ A Statistical Study of 4,400 Lawsuits Filed by Debt Buyers, 26 Loy.
uploads/reports/Justice_Disserved.pdf. Consumer L. Rev. 179, 206-10 (2014); New Economy Project, Legal
Aid Society, MFY Legal Services, & Urban Justice Center, Debt
97. Fed. Trade Comm’n, Repairing A Broken System: Protecting Deception: How Debt Buyers Abuse the Legal System to Prey on
Consumers in Debt Collection Litigation and Arbitration 7 (July Lower-Income New Yorkers 1 (May 2010). See also Urban Justice
2010), available at https://www.ftc.gov/sites/default/files/ Center, Debt Weight: the Consumer Credit Crisis in New York
documents/reports/federal-trade-commission-bureau-consumer- City and Its Impact on the Working Poor (Oct. 2007), available at
protection-staff-report-repairing-broken-system-protecting/ https://cdp.urbanjustice.org/sites/default/files/CDP_Debt_
debtcollectionreport.pdf; Human Rights Watch, Rubber Stamp Weight.pdf.
Justice: US Courts, Debt Buying Corporations, and the Poor 33
(2016), available at https://www.hrw.org/sites/default/files/ 105. Human Rights Watch, Rubber Stamp Justice: US Courts, Debt
report_pdf/us0116_web.pdf. Buying Corporations, and the Poor 40-44 (2016), available at
https://www.hrw.org/sites/default/files/report_pdf/us0116_
98. Consumer advocates have extensively documented the web.pdf; Dalié Jiménez, Dirty Debts Sold Dirt Cheap, 52 Harv.
considerable deficiencies in serving defendants in debt collection J. on Legis. 41 (2015); Peter Holland, Junk Justice: A Statistical
litigation. See New Economy Project, Legal Aid Society, MFY Study of 4,400 Lawsuits Filed by Debt Buyers, 26 Loy. Consumer L.
Legal Services, & Urban Justice Center, Debt Deception: How Rev. 179, 206-10 (2014).
Debt Buyers Abuse the Legal System to Prey on Lower-Income
New Yorkers 9 (May 2010) (determining that 71 percent of 106. Peter Holland, Junk Justice: A Statistical Study of 4,400 Lawsuits
collection suit defendants who called a New York City legal hotline Filed by Debt Buyers, 26 Loy. Consumer L. Rev. 179, 206-10 (2014).
“were either not served or served improperly, and more than half
received no notice of the lawsuit at all”); MFY Legal Services, 107. Urban Justice Center, Debt Weight: the Consumer Credit Crisis
Inc., Justice Disserved: A Preliminary Analysis of the Exceptionally in New York City and Its Impact on the Working Poor (Oct. 2007),

available at https://cdp.urbanjustice.org/sites/default/files/ 119. Lassiter v. Dep’t Soc. Servs., 452 U.S. 18, 32-33 (1981) (holding
CDP_Debt_Weight.pdf. that there is not a categorical right to counsel in proceedings
regarding the termination of parental rights because the Court
108. Human Rights Watch, Rubber Stamp Justice: US Courts, Debt only recognized an indigent’s right to appointed counsel where
Buying Corporations, and the Poor 38 (2016). the litigant could lose her physical liberty if she lost the litigation).
109. Id. at 38–39. 120. The Supreme Court found that there was no due process right
to counsel in a contempt proceeding regarding the alleged
110. Id. nonpayment of child support, even though the decision resulted
in the party’s incarceration. While a cursory comparison may
111. ADP Research Institute, Garnishment: The Untold Story give the appearance that this case is similar to those described
(2014), available at https://www.adp.com/tools-and-resources/ in this report, as both involve contempt proceedings and debt,
adp-research-institute/insights/~/media/RI/pdf/Garnishment- the court’s analysis focused on the countervailing interests
whitepaper.ashx; see also Paul Kiel, Unseen Toll: Wages of specific to the child support context. As the cases covered in this
Millions Seized to Pay Past Debts, ProPublica, Sept. 15, 2014, report focus on private consumer debt, these countervailing
https://www.propublica.org/article/unseen-toll-wages-of- interests are inapplicable. Turner v. Rogers, 564 U.S. at 445, 447
millions-seized-to-pay-past-debts; ADP Research Institute, The (distinguishing “debt collection proceedings” from civil contempt
U.S. Wage Garnishment Landscape: Through the Lens of the proceedings brought by uncounseled custodial parents against
Employer (2017), available at https://www.adp.com/tools-and- noncustodial parents for unpaid child support in which there is
resources/adp-research-institute/research-and-trends/-/media/ no due process right to appointed counsel).
RI/pdf/WageGarnishment_WhitePaper.ashx.
121. Turner, 564 U.S. at 447.
112. The NCLC report found that no state in the United States meets
122. Id. at 449.
five basic standards to prevent garnishment and property
seizures from reducing families to below a living wage, seizing 123. Mathews v. Eldridge, 324 U.S. 319, 335 (1976); see Turner v.
their sole used car or the family’s home, and denying them Rogers, 564 U.S. 431, 444-45 (2011) (applying the Mathews
minimal funds to pay such essential costs as rent, utilities, and balancing test to the right to counsel in the civil child custody
commuting expenses. National Consumer Law Center, “No context); Lassiter v. Dep’t Soc. Servs., 452 U.S. 18, 27-31 (1981)
Fresh Start: How States Let Debt Collectors Push Families into (applying the Mathews test to a civil proceeding about the
Poverty,” October 2013, https://www.nclc.org/images/pdf/ termination of parental rights).
pr-reports/report-no-fresh-start.pdf. According to research
by ProPublica, more than half of states allow creditors to take 124. In Turner v. Rogers, the Supreme Court recognized incarceration
one-fourth of their paycheck with no limit on garnishment as a weighty private interest. 564 U.S. 431, 445 (2011). Further,
once that paycheck is deposited in their bank account (student the Court has long recognized that “[f]reedom from bodily
loan debts are governed by different laws capping seizures restraint has always been at the core of the liberty protected by
at 15 percent of disposable income). Paul Kiel, Unseen Toll: the Due Process Clause.” Foucha v. Louisiana, 504 U.S. 71, 80
Wages of Millions Seized to Pay Past Debts, ProPublica, Sept. (1992).
15, 2014, available at https://www.propublica.org/article/
125. In analyzing the right to counsel in civil contempt proceedings
unseen-toll-wages-of-millions-seized-to-pay-past-debts.
for unpaid child support, the Supreme Court weighed heavily the
interest of the custodial parent in need of child support who was
113. Human Rights Watch, Rubber Stamp Justice: US Courts, Debt
also not represented by an attorney, and found that a right to
Buying Corporations, and the Poor 2, 57-60 (2016), available
counsel for the noncustodial parent facing incarceration would
at https://www.hrw.org/sites/default/files/report_pdf/ unduly slow child support payments to those immediately in
us0116_web.pdf; Maria Aspan, Courthouse “Rocket Dockets” need and make the proceedings less fair overall by appointing
Give Debt Collectors Edge over Debtors, American Banker, Feb. counsel only to the noncustodial parent. Turner, 564 U.S. at 447
11, 2014, available at https://www.americanbanker.com/news/ (applying the balancing test set forth in Mathews, 424 U.S. 319,
courthouse-rocket-dockets-give-debt-collectors-edge-over-debtors. outlining countervailing interests including “an asymmetry
of representation that would alter significantly the nature of
114. Keller-Bee v. State, 448 Md. 300 (2016). the proceeding,” “unduly slow payment to those immediately
in need,” or “mak[ing] the proceedings less fair overall,” and
115. Id.; State v. Keller–Bee, 224 Md.App. 1, 3 (2015). concluding that there is no due process right to appointed counsel
for indigent non-custodial parents charged with child support
116. Goodall v. Quick Collect, Inc., No. 6:15-cv-01887-MC, 2016 WL nonpayment in proceedings brought by uncounseled custodial
5923422 (D. Or. Oct. 11, 2016). See Quick Collect, http://www parents).
.quickcollectinc.com/; Quick Collect Inc., BuzzFile, http://www
.buzzfile.com/business/Qci-503-252-0083. 126. Id. at 449 (strongly suggesting that due process affords a right
to counsel in “debt-collection proceedings” in which “[t]he
117. Easter v. Caldwell, No. 14-0967, 2015 WL 1281022 (W.D. La. Mar. government is likely to have counsel or some other competent
20, 2015). representative”).
118. Argersinger v. Hamlin, 407 U.S. 25 (1972) (actual incarceration); 127. See United Mine Workers of America v. Bagwell, 512 U.S. 821,
Scott v. Illinois, 440 U.S. 367 (1979) (actual incarceration); 828 (1994) (citing Gompers v. Bucks Stove & Range Co., 221
Alabama v. Shelton, 535 U.S. 654 (2002) (suspended U.S. 418, 441 (1911)); Turner, 564 U.S. at 441 (citing U.S. v.
incarceration). Dixon, 509 U.S. 688, 696 (1993) and Cooke v. U.S., 267 U.S. 517,

537 (1925)). Cases involving private debt collection frequently 136. ACLU interview with Paul Arons, April 12, 2017.
involve contempt charges that concern alleged misconduct that
takes place outside of court, such as alleged failure to complete 137. Compl., Consumer Financial Protection Bureau v. National
interrogatories or to respond to requests for documents. The Corrective Group, Inc. (D. Md. March 30, 2015), available at
essential elements of the alleged misconduct—the ability to http://files.consumerfinance.gov/f/201503_cfpb_complaint-
provide information or documents—are not facts observed in national-corrective-group.pdf.
open court, and therefore summary proceedings do not apply.
See United Mine Workers, 512 U.S. at 833 (prohibiting summary 138. Jessica Silver-Greenberg, In Prosecutors, Debt Collectors Find
adjudication of indirect contempt); F.T.C. v. Trudeau, 606 F.3d a Partner, New York Times, Sept. 15, 2012, available at http://
382, 386 (7th Cir. 2010) (same). www.nytimes.com/2012/09/16/business/in-prosecutors-debt-
collectors-find-a-partner.html. Other estimates put the figure at 2
128. Turner, 564 U.S. at 441 (internal quotation marks and citations million consumers. See, e.g., Mosi Secret, Bounced Checks: How
omitted). Local District Attorneys Get a Cut of the Debt Collection Business,
ProPublica, March 2, 2009, available at https://www.propublica
129. See Lamar Financial Corp. v. Adams, 918 F.2d 564, 567 (5th .org/article/bounced-checks-how-local-das-get-a-cut-of-the-debt-
Circ. 1990) (holding that “a contempt order contain[ing] both collection-business.
a punitive and a coercive dimension” is considered criminal
contempt for purposes of appellate review). 139. American Corrective Counseling Services (ACCS) launched in
1987. See Mem., Shouse v. Nat’l Corrective Grp., Inc., 2011 WL
130. In United States v. North, 621 F.2d 1255 (3rd Cir. 1980), the 1376403 (M.D. Pa. Apr. 12, 2011).
Third Circuit discussed a federal court’s imposition of a “hybrid
criminal contempt sentence,” which combined a fixed prison 140. See, e.g., Landfried v. Spokane Cnty., 2011 WL 1584328 (E.D.
sentence with a purge condition. Id. at 1263–64 (discussing In re Wash. Apr. 27, 2011); Del Campo v. Am. Correctives Servs. Inc.,
Reina, 170 F. Supp. 592 (S.D.N.Y.), aff’d sub nom. United States 718 F. Supp. 2d 1116 (N.D. Cal. 2010); Schwarm v. Craighead, 552
v. Reina, 273 F.2d 234 (2d Cir. 1959) (per curiam), aff’d, 364 U.S. F. Supp. 2d 1056 (E.D. Cal. 2008); Hamilton v. Am. Corrective
507 (1960)). The court noted that both the Second Circuit and the Counseling Servs. Inc., 2006 WL 3332828 (N.D. Ind. Nov. 14,
U.S. Supreme Court implicitly affirmed the sentence on appeal, 2006); Del Campo v. Kennedy, 491 F. Supp. 2d 891 (N.D. Cal.
although the latter declined to squarely address whether a hybrid 2006); Gradisher v. Cnty. of Muskegon, 255 F. Supp. 2d 720 (W.D.
criminal contempt sanction was valid. Id. at 1264; see also United Mich. 2003); Liles v. Am. Corrective Counseling Servs., Inc., 131
States v. Liddy, 510 F.2d 669, 676 n.29 (D.C. Cir. 1974) (noting F. Supp. 2d 1114 (S.D. Iowa 2001).
that the U.S. Supreme Court’s decision in Reina “affirmed” and
“impliedly approved the District Court’s ‘hybrid’ sentencing 141. Federal Trade Commission v. Check Investors, Inc., 502 F.3d
technique,” but noting that the technique may have been cast in 159 (3d Cir. 2007), available at http://www2.ca3.uscourts.gov/
doubt by a companion case). opinarch/053558p.pdf.
131. See, e.g., Consulting and Administrative Support Agreement 142. See, e.g., Lee Romney, Private Diversion Programs Are Failing
between American Corrective Counseling Services, Inc. Those Who Need Help the Most, Reveal News, May 31, 2017,
and the State’s Attorney of Prince George’s County, MD, available at https://www.revealnews.org/article/private-
Schedule I, Prince George County 00273 (“ACCS is to be diversion-programs-are-failing-those-who-need-help-the-most/.
compensated solely from the proceeds of the Seminar Fees
charged to Participants, plus the incidental expenses charged to 143. CorrectiveSolutions, available at http://correctivesolutions
Participants for scheduling the Seminars, monitoring restitution .org/about.
and seminar payment arrangements, and any other incidental
costs authorized by law and the State’s Attorney.”), available 144. National Corrective Group, Inc. dba CorrectiveSolutions,
at https://www.aclu.org/sites/default/files/assets/aclu_and_ “Balance Sheets as of April 30, 2012 and 2011,” contained
brennan_center_comment_to_cfpb_0.pdf at App. 2; see also in proposal submitted to Pinal County, Arizona, Finance
Decl. of Michael L. Wilhelms, In re SCH Corp., No. 09 -10198 Department on April 7, 2014 at 79-80, available at https://www
(Bankr. Del. 2009), ¶ 10 (stating that the “primary compensation .documentcloud.org/documents/3755604-Pinal-Co-Proposal-
for [ACCS’s] services stems from the fees paid by Participants to Corrective-Solutions.html#document.
enroll in the Debtors’ seminars.”), available at https://www
.aclu.org/sites/default/files/assets/aclu_and_brennan_center_ 145. CorrectiveSolutions Monthly Activity Summary, November
comment_to_cfpb_0.pdf at App. 5, Washington County 00101. 2015, Report Date Dec. 29, 2015.
132. Attention New Recovery Agent: Tips for Success, available at 146. See chart in following subsection, “Prosecutors Contracting
https://www.aclu.org/sites/default/files/assets/aclu_and_ with Victim Services, Inc.” See also Compl., Consumer Financial
brennan_center_comment_to_cfpb_0.pdf at App. 6, Washington Protection Bureau v. National Corrective Group, Inc. (D. Md.
County 00141. March 30, 2015), available at http://files.consumerfinance.
gov/f/201503_cfpb_complaint-national-corrective-group.pdf.
133. Id. (emphasis in original).
147. BounceBack Bracket, Bad Check Outsourcing Solutions, available
134. Class Cert. Ex. 3, Cavnar v. Bounceback, No. 2:14-CV-235-RMP at http://bracketprograms.com/wp-content/uploads/2012/09/
(E.D. Wash. June 29, 2015). Bad-Check-Outsourcing-Solutions_0612.pdf; BounceBack
Bracket, Clients Using Diversion Services: BounceBack Bracket
135. Compl., Cavnar v. Bounceback, No. 2:14-CV-235-RMP (E.D. Diversion Clients, available at http://bracketprograms.com/
Wash. July 18, 2014). diversion-services/clients-using-diversion-services/; Class Cert.

Ex. 17, Cavnar v. Bounceback, No. 2:14-CV-235-RMP (E.D. Wash. 157. Fed. Trade Comm’n, Consumer Sentinel Network Data
June 29, 2015). Book For January-December 2015 (Feb. 2016), available at
https://www.ftc.gov/system/files/documents/reports/
148. Financial Crimes Services, Check Diversion/Accountability consumer-sentinel-network-data-book-january-december-
Program (May 28, 2009), available at https://www.leg.state 2015/160229csn-2015databook.pdf.
.mn.us/docs/2011/mandated/110115.pdf.
158. Consumer Financial Protection Bureau, Annual Report 2017:
149. Randy Furst, Diversion Firm Owner Chosen By County Fair Debt Collection Practices Act (March 2017), available
Attorney Associated with Past Sanctions, Star Tribune, at https://s3.amazonaws.com/files.consumerfinance.gov/f/
Apr. 21, 2017, available at http://www.startribune.com/ documents/201703_cfpb_Fair-Debt-Collection-Practices-Act-
diversion-firm-owner-chosen-by-county-attorney-associated-with- Annual-Report.pdf.
past-sanctions/420095933/.
159. Consumer Financial Protection Bureau, Consumer Experiences
150. E.g., County of Santa Cruz District Attorney’s Office Agreement with Debt Collection: Findings from the CFPB’s Survey of
with Victim Services, Inc., dba Victim Restitution Services, Inc. Consumer Views on Debt (Jan. 2017), available at http://files
for Check Restitution Recovery Program, Contract Schedule 1 .consumerfinance.gov/f/documents/201701_cfpb_Debt-
at 12 (July 30, 2014, revised June 9, 2014), available at http:// Collection-Survey-Report.pdf.
sccounty01.co.santa-cruz.ca.us/BDS/Govstream2/Bdsvdata/
non_legacy_2.0/Minutes/2014/20140819-634/PDF/016.pdf. 160. Fair Debt Collection Practices Act, 15 U.S.C. § 1692. Since July
2011, the Consumer Financial Protection Bureau (CFPB) has
151. CorrectiveSolutions Monthly Activity Summary, November been mandated to administer and enforce the statute. Dodd
2015, Report Date Dec. 29, 2015. For revenue generated Frank sec 1089; FDCPA sec 814; 15 USC 1962.
by selected District Attorney offices in 2005-2008; see also
Mosi Secret, Revenues Gained by Prosecutors’ Offices in 161. Fed. Trade Comm’n, Collecting Consumer Debts: The Challenges
Partnership with Private Diversion Programs, ProPublica, Mar. of Change (2009), available at https://www.ftc.gov/sites/
2, 2009, available at https://www.propublica.org/article/ default/files/documents/reports/collecting-consumer-debts-
table-prosecutors-bad-check-revenues. challenges-change-federal-trade-commission-workshop-report/
dcwr.pdf.
152. Kent County Prosecutor’s Office, 2016 Annual Report (May
2017), available at https://www.accesskent.com/Courts/ 162. U.S. Government Accountability Office, Report to Congressional
Prosecutor/pdfs/Prosecutor_Annual_Report.pdf. Requesters, Fair Debt Collection Practices Act Could Better
Reflect the Evolving Debt Collection Marketplace and Use
153. Ricky Young, Bad Check Program: “A Remedy for Merchants,” of Technology (2009), available at http://www.gao.gov/
San Diego Union-Tribune, Sept. 9, 2015, available at http:// assets/300/295588.pdf.
www.sandiegouniontribune.com/news/watchdog/sdut-bad-
check-response-2015sep09-htmlstory.html; Jeff McDonald, Bad 163. Consumer Financial Protection Bureau, Annual Report 2016: Fair
Check Program Spurs Lawsuit, San Diego Union-Tribune, Aug. Debt Collection Practices Act (March 2016), available at http://
21, 2015, available at http://www.sandiegouniontribune.com/ files.consumerfinance.gov/f/201603_cfpb-fair-debt-collection-
news/watchdog/sdut-bad-check-program-spurs-suit-2015aug21- practices-act.pdf.
htmlstory.html.
164. For instance, in Nebraska, where the comparatively low cost to
154. Formal Opinion, American Bar Association, Prosecutors file a lawsuit has led to a proliferation of debt collection suits,
and Debt Collection Companies (Nov. 12, 2014), available at a bill proposing to increase the cost of filing suit in county
https://consumermediallc.files.wordpress.com/2014/12/ court by only $1 was met by strong and ultimately successful
formalopinion469_110714.pdf (finding also that “Typically, opposition from the state’s largest debt collection company,
no lawyer in the prosecutor’s office reviews the case file to Credit Management Service, and its lobbyist. Paul Kiel, For
determine whether a crime has been committed and prosecution Nebraska’s Poor, Get Sick and Get Sued, ProPublica, Apr.
is warranted.”). 28, 2016, available at https://www.propublica.org/article/
for-nebraskas-poor-get-sick-and-get-sued.
155. See, e.g., Connecticut v. Doehr, 501 U.S. 1 (1991); Fuentes v.
Shevin, 407 U.S. 67 (1972). 165. Commonwealth of Pennsylvania v. Unicredit America, Inc.,
Court of Common Pleas of Erie County, No. 14914-2010. See
156. Press Release, Federal Trade Commission, “FTC Releases also Attorney General Tom Corbett, Press Release, “Erie debt
Annual Summary of Consumer Complaints” (Mar. 3, collection company sued; accused of using bogus ‘hearings’
2017), available at https://www.ftc.gov/news-events/ and fake ‘courtroom’ to collect from consumers,” Oct. 29, 2010,
press-releases/2017/03/ftc-releases-annual-summary-consumer- available at https://web.archive.org/web/20110209134224/
complaints; Fed. Trade Comm’n, Consumer Sentinel Network https:/www.attorneygeneral.gov/press.aspx?id=5763; Lisa
Data Book for January-December 2016 (March 2017), available Thompson, Erie Times News, “Attorney General Goes to Court
at https://www.ftc.gov/system/files/documents/reports/ to Shut Down Erie Debt Collector,” Oct. 30, 2010, available
consumer-sentinel-network-data-book-january-december-2016/ at https://web.archive.org/web/20110111141246/http:/
csn_cy-2016_data_book.pdf. See also Fed. Trade Comm’n, The www.goerie.com:80/apps/pbcs.dll/article?AID=/20101030/
Structure and Practices of the Debt Buying Industry (2013), NEWS02/310309944; Ed Palattella, Erie Times News, “Son says
available at https://www.ftc.gov/sites/default/files/documents/ Erie’s Unicredit threatened to jail his mom,” March 22, 2011,
reports/structure-and-practices-debt-buying-industry/ available at https://web.archive.org/web/20110526173806/
debtbuyingreport.pdf. http:/www.goerie.com/apps/pbcs.dll/article?AID=/20110322/
NEWS02/303219926; State AG Sues to Shut Down Collector

that Used Fake Courtroom, InsideArm, Nov. 4, 2010, available at 177. Turner v. Oxford Management Services, Inc. (S.D. Tex. 2008).
https://www.insidearm.com/news/00005555-state-ag-sues-to-
shut-down-collector-that/; Patrick Lunsford, Fake Courtroom 178. Jessica Heffner, Patient Called as Part of Medical Bill Scam,
Collection Agency Head Banned from the Business, InsideArm, Dayton Daily News, Mar. 30, 2015, available at http://www
Jul. 12, 2012, available at https://www.insidearm.com/ .daytondailynews.com/news/crime--law/patient-called-part-
news/00029778-fake-courtroom-collection-agency-head-ban/; medical-bill-scam/0iBDZChOb0jzntsHWoNB8I/.
WTAE-TV Pittsburgh, Team 4: Debt Collectors Accused of Fake
Courtroom, Judge, YouTube (Oct. 29, 2010), https://www 179. Consumer Financial Protection Bureau, Everyone Has a Story,
.youtube.com/watch?v=EfaNcsHJNsA. Danieshia: Threatened With Jail, available at https://www
.consumerfinance.gov/consumer-tools/everyone-has-a-story/
166. Federal Trade Comm’n v. Broadway Global Master Inc., No. danieshia-threatened-with-jail/; Tr., CFPB, Everyone Has a Story,
212-cv-00855-JAM-GGH, Stipulated Order for Permanent Danieshia, available at https://s3.amazonaws.com/files
Injunction and Monetary Judgment (E.D. Cal. Sept. 10, 2015); .consumerfinance.gov/f/documents/201701_cfpb_danieshia-
see also Fed. Trade Comm’n, Broadway Global Master Inc., story-transcript.pdf.
Case Page (last updated Apr. 6, 2016), available at https://www
.ftc.gov/enforcement/cases-proceedings/1123215-x120020/ 180. In re McLaughlin, No. 07-04375, 2007 WL 3229166 (Bankr. D.
broadway-global-master-inc. Ariz. Oct. 30, 2007).
167. Compl., Federal Trade Comm’n v. Goldman Schwartz Inc., No. 181. In re Diaz, 526 B.R. 685 (Bankr. S.D. Tex. 2015).
413-cv-00106, (S.D. Texas Jan. 14, 2013); see also Fed. Trade
Comm’n, Goldman Schwartz Inc., Case Page (last updated Jun. 182. Gibson v. Rosenthal, Stein, and Assocs. No. 1:12-cv-2990-WSD,
30, 2017), available at https://www.ftc.gov/enforcement/ 2013 WL 3367255 (N.D. Ga. July 3, 2013); Gibson v. Rosenthal,
cases-proceedings/122-3096-x130029/goldman-schwartz-inc. Stein, and Assocs. No. 1:12-cv-2990-WSD (N.D. Ga. June 17,
2014).
168. Michelle Keahey, Debt Collector Falsely Claimed Arrest Warrant
Issued, Couple Says, SE Texas Record Blog, Jan. 28, 2013, 183. E.g., Compl., U.S. v. Arent et al., No. 09-M-2138, (W.D.N.Y. Sept.
available at http://setexasrecord.com/stories/510620378-debt- 24, 2009), available at https://getoutofdebt.org/wp-content/
collector-falsely-claimed-arrest-warrant-issued-couple-says. uploads/ArentComplaint.pdf; Compl., Zahoruiko v. Andrew
Metcalf Judgment Acquisitions Unlimited, et al., No. 3:15-cv-42-
169. Press Release, Office of the Attorney General of South Dakota, VLB (D. Conn. Jan. 12, 2015), available at https://www
“Attorney General Marty Jackley Warns of Debt Collection .unitedstatescourts.org/federal/ctd/106984/1-0.html.
Scam” (Aug. 4, 2011), available at https://atg.sd.gov/OurOffice/
Media/pressreleasesdetail.aspx?id=720. 184. E.g., Leon Bayer, Fake Arrest Warrant for Unpaid Debt,
Nolo Blog, Aug. 29, 2014, available at http://blog.nolo.com/
170. Lisa Lake, Is that Debt Collector for Real?, FTC Blog (Jul. 1, bankruptcy/2014/08/29/fake-arrest-warrant-for-unpaid-debt/;
2014), available at https://www.consumer.ftc.gov/blog/debt- see sample false arrest warrants at http://blog.nolo.com/
collector-real; http://money.cnn.com/2014/11/18/news/ bankruptcy/files/2014/08/Scam_Arrest_Warrant.pdf.
debt-collectors-arrest/.
185. See, e.g., Fed. Trade Comm’n, Goldman Schwartz Inc., Case Page
171. Press Release, Fed. Trade Comm’n, “Leading Debt (last updated Jun. 30, 2017), available at https://www
Collector Agrees to Pay Record $2.8 Million to Settle .ftc.gov/enforcement/cases-proceedings/122-3096-x130029/
FTC Charges” (Mar. 16, 2011), available at https:// goldman-schwartz-inc; Fed. Trade Comm’n, Forensic Case
www.ftc.gov/news-events/press-releases/2011/03/ Management Services Inc. d/b/a Rumson, Bolling, & Associates,
leading-debt-collector-agrees-pay-record-28-million-settle-ftc. Case Page (last updated Jan. 17, 2013), available at https://
www.ftc.gov/enforcement/cases-proceedings/112-3035/
172. Compl., Consumer Financial Protection Bureau, et al., v. forensic-case-management-services-inc-dba-rumson-bolling.
Douglas MacKinnon, et al., No. 1:16-cv-00880 (W.D.N.Y. Nov.
2, 2016); available at https://www.pacermonitor.com/public/ 186. See Matthew W. Ludwig, Abuse, Harassment, and Deception:
case/19743967/Consumer_Financial_Protection_Bureau_et_ How the FDCPA Is Failing America’s Elderly Debtors, 1 Elder L.J.
al_v_Mackinnon_et_al. 135, 152, 156 (2008) (citing Senate hearings on the FDCPA and
quoting testimony regarding egregious abuses, including the
173. Pseudonym used to protect identity. story of an elderly woman who was told that if she did not pay the
funeral expenses for her husband, the collector would get a court
174. Fed. Trade Comm’n et al. v. Vantage Point Services LLC et al., order to dig up her husband’s body and repossess the casket). See
No. 1:15-cv-00006, U.S. District Court for the Western District of also Federal Trade Commission v. Forensic Case Management
New York. Services, Inc. dba Rumson, Bolling & Associates, No. 2:11-cv-
07484-RGK (C.D. Ca.), available at https://www.ftc
175. Mary Flood, Consumers’ Lawsuits Fight Back Against Debt .gov/enforcement/cases-proceedings/112-3035/forensic-case-
Collectors, Chron, Apr. 12, 2009, available at http://www.chron management-services-inc-dba-rumson-bolling (FTC action that
.com/business/article/Consumers-lawsuits-fight-back-against- alleged a debt collection firm threatened to desecrate the bodies
debt-1750675.php. of deceased relatives, including allegedly threating to dig up a
debtors’ deceased children and hang the body from a tree or drop
176. [Name withheld to preserve anonymity] v Commonwealth them outside their door if the funeral bill remained unpaid).
Fin Sys, 496 BR 355, 364 (Bankr. MD Pa, 2013). In Re [name
withheld], Bankruptcy No. 1-12-bk-03839-RNO. Adversary No.
1-13-ap-00076-RNO, 496 B.R. 355 (2013).

187. For a summary of each state’s exemption laws, see Jonathan 201. 15 U.S.C. § 1692(a). Further, the FDCPA exempts “pretrial
Sheldon, Carolyn Carter & Chi Chi Wu, Collection Actions: diversion program[s] for alleged bad check offenders.” 15 U.S.C. §
Defending Consumers and their Assets 421-54 (2008). 1692(p)(a)(2)(A).
188. Jonathan Sheldon, Carolyn Carter & Chi Chi Wu, Collection 202. Cal. Civ. Code § 1788.2(c); Iowa Code Ann. § 537.7102(5); Tex. Fin.
Actions: Defending Consumers and their Assets 421-54 (2008). Code § 392.301(a)(6).
189. Lea Shepard, Creditors’ Contempt, 2011 BYU L. Rev. 1509, 1538 203. See, e.g., Thomas v. Firestone Tire & Rubber Co., 266 S.E.2d
(2011). 905 (W. Va. 1980) (holding that the West Virginia Consumer
Credit and Protection Act applies to creditors); Liggins v. May
190. Id. at 1531. Co., 373 N.E.2d 404, 406 (Ohio C.P. 1977) (holding that the Ohio
Consumer Sales Practices Act applies to both debt collectors
191. Compl., Commw. Mass. v. Lustig, Glaser & Wilson, P.C., No. and creditors). See generally Howard J. Alperin & Roland F.
15-3852-BLS (Mass. Superior Ct. Dec. 21, 2015), available Chase, Consumer Law Sales Practices and Credit Regulation §
at http://www.mass.gov/ago/docs/consumer/lustig- 675 (2016) (reviewing state law and concluding that most courts
glaser-wilson-complaint.pdf; Press Release, Massachusetts interpreting such state statutes have held that they are applicable
Attorney General, “AG Healey Sues Major Debt Collection to both debt collection companies and the original creditors).
Law Firm Over Widespread Consumer Abuses” (Dec.
23, 2015), available at http://www.mass.gov/ago/ 204. See, e.g., CAL. CIV. CODE § 1788.10(e) (prohibiting a “threat
news-and-updates/press-releases/2015/2015-12-23-debt- to any person that nonpayment of the consumer debt may
collection-lawsuit.html; see also Deirdre Fernandes, AG Sues result in the arrest of the debtor or the seizure, garnishment,
Law Firm, Alleging Deceit, Boston Globe, available at http:// attachment or sale of any property…, unless such action is in
epaper.bostonglobe.com/BostonGlobe/article_popover. fact contemplated by the debt collector and permitted by law.”);
aspx?guid=b7d0dce5-cdf4-4c5c-be89-b49192a0f927&source=prev. IOWA CODE ANN. § 537.7103(1)(e) (prohibiting the making of a
“false threat that nonpayment of a debt may result in the arrest
192. Consent Judgment, Commw. Mass. v. Lustig, Glaser & Wilson, of a person or the seizure, garnishment, attachment or sale of
P.C., No. 15-3852-BLS (Mass. Superior Ct. July 19, 2017), property or wages of that person”); TEX. FIN. CODE § 392.301(a)
available at http://www.mass.gov/ago/docs/consumer/016- (5) (Under Texas law, “debt collector[s] may not use threats,
2017-07-20-lustig-final-judgment-by-consent.pdf; see also Press coercion, or attempts to coerce” that involve “threatening that
Release, Massachusetts Attorney General, “AG Secures $1 the debtor will be arrested for nonpayment of a consumer debt
Million for Consumers Exploited by Largest Debt Collection Law without proper court proceedings.”); WASH. REVISED CODE
Firm in Massachusetts” (July 27, 2017), available at http://www ANN. § 19.16.250(13) (banning several collection practices,
.mass.gov/ago/news-and-updates/press-releases/2017/2017-07- including attempting to collect from the debtor by using “threats
27-1-million-for-consumers-exploited-debt-collection.html. of criminal prosecution”).
193. Lea Shepard, Creditors’ Contempt, 2011 BYU L. Rev. 1509, 1537 205. 15 U.S.C. § 1692(n).
(2011).
206. See, e.g., Wash. Rev. Code Add. § 19.16.100(5).
194. 15 U.S.C. § 1692(d).
207. See generally Creola Johnson, Prosecuting Creditors and
195. 15 U.S.C. § 1692(e). To bring a claim under the FDCPA, plaintiffs Protecting Consumers: Cracking Down on Creditors that Extort
must show that (1) they have been the object of a collection via Debt Criminalization Practices, 80 Law & Contemp. Probs. 211
activity arising from consumer debt, (2) the defendant is a debt (2017).
collector pursuant to the FDCPA definition, and (3) that the
defendant engaged in an act or omission that is prohibited by the 208. See, e.g., Cal. Penal Code § 519 (“Fear, such as will constitute
FDCPA. For cases applying this three-part standard, see, e.g., extortion, may be induced by a threat… [t]o accuse … of any
Latimore v. Gateway Retrieval, LLC, No. 1:12-CV-00386, 2013 crime”); Md. Code Ann., Crim. Law § 3-705 (“A person, with the
WL 791258, at *5 (N.D. Ga. Feb. 1, 2013); Kaplan v. Assetcare, intent to unlawfully extort money, may not … accuse any person
Inc., 88 F. Supp. 2d 1355, 1360-61 (S.D. Fla. 2000); Sibley v. of a crime or of anything that, if true, would bring the person into
Firstcollect, Inc., 913 F. Supp. 2d 469, 470 (M.D. La. 1995). See 15 contempt or disrepute”); 18 Pa. Stat. and Cons. Stat. Ann. § 2906
U.S.C. § 1692p(a)(2)(A). (“A person is guilty of criminal coercion, if, with intent unlawfully
to restrict freedom of action of another…. he threats to … accuse
196. 15 U.S.C. § 1692e(4) (2006) (prohibiting debt collectors from anyone of a criminal offense [or] expose any secret tending to
making “[t]he representation or implication that nonpayment of subject any person to hatred, contempt or ridicule”); Tex. Penal
any debt will result in the arrest or imprisonment of any person Code Ann. § 1.07(a)(9) (“‘Coercion’ means a threat, however
or the seizure, garnishment, attachment, or sale of any property communicated … to accuse a person of any offense [or] to expose
or wages of any person unless such action is lawful and the debt a person to hatred, contempt, or ridicule”).
collector or creditor intends to take such action”).
209. Creditors and debt collectors who repeatedly request debtor’s
197. 15 U.S.C. § 1692p(a)(2)(A). examinations with the sole purpose of attaining bench warrants
may also be committing the crime of extortion. Creditors and
198. See 15 U.S.C. § 1692p(a)(2)(A). debt collectors may respond to such allegations by claiming
that the civil contempt process is legal, and thus they lacked the
199. Specifically, they violate 15 U.S.C. § 1692e(1) or (9). requisite intent associated with the crime of extortion. While
such arguments may be difficult to overcome, using the civil
200. Specifically, they violate 15 U.S.C. § 1692e(3)-(5).
contempt process with the purpose of coercing payments from

defendants who otherwise would not be required to pay may (Oct. 5, 2015) (finding that the rate of court judgments from
constitute criminal coercion or extortion. debt collection lawsuits was twice as high in mostly Black
communities as it was in mostly white communities, even
210. International Covenant on Civil and Political Rights, controlling for income).
United Nations Treaty Collection, available at
https://treaties.un.org/Pages/ViewDetails 226. See ICCPR at art. 2; ICESCR at art 2; G.A. Res. 217 (III) A at art.
.aspx?src=IND&mtdsg_no=IV-4&chapter=4&clang=_en. 25; International Convention on the Elimination of All Forms of
Racial Discrimination, entry into force Jan. 4, 1979, 660 U.N.T.S.
211. International Covenant on Civil and Political Rights art. 9, entry 195.
into force Mar. 23, 1976, 999 U.N.T.S. 171 [hereinafter ICCPR].
See also the Universal Declaration of Human Rights (UDHR), 227. Some states allow courts to order a debtor to make payments on
G.A. Res. 217 (III) A, art. 3, Universal Declaration of Human a debt and then hold the debtor in contempt for failing to do so,
Rights (Dec. 10, 1948). while other jurisdictions properly recognize that this practice
amounts to unlawful imprisonment for debt. See, e.g., 735 Ill.
212. Human Rights Committee General Comment 35, U.N. Doc. Comp. Stat. § 5/2-1402(c)(2) (allowing court to order a debtor
CCPR/C/GC/35, at ¶ 12 (Dec. 16, 2014). to make installment payments out of non-exempt income);
Mass. Gen. Laws ch. 224, § 16 (allowing court to order debtor
213. ICCPR at art. 14. to make payments if it finds that debtor is financially able and
providing that noncompliance can be punished as contempt);
214. Human Rights Committee General Comment 32, U.N. Doc. N.J. Stat. Ann. § 2A:17-64 (West) (allowing court to order debtor
CCPR/C/GC/32, at ¶ 13 (Aug. 23, 2007). to pay judgment in installments from non-exempt income);
N.Y. C.P.L.R. § 5226 (allowing court to order debtor to make
215. Id. at ¶ 10. installment payments).
216. G.A. Res. 43/173, Body of Principles for the Protection of All 228. Pseudonym used to protect the individual’s identity.
Persons under Any Form of Detention or Imprisonment, at
principle 17 (Dec. 9, 1988). 229. Pseudonym used to protect the individual’s identity.
217. Rep. of the Working Group on Arbitrary Detention, Basic 230. Mariah Noble, Utah Man Jailed for Unpaid Bill Killed Himself
Principles and Guidelines on Remedies and Procedures on the with Poison Rather than Stay in Jail, Policy Say, Salt Lake
Right of Anyone Deprived of His or Her Liberty by Arrest or Tribune, Nov. 18, 2016, available at http://www.sltrib.com/
Detention to Bring Proceedings Before Court, U.N. Doc. WGAD/ news/4596028-155/utah-man-took-fatal-dose-of.
CRP.1/2015, at principle 9 (May 4, 2015).
231. William N. Grigg, Utah Man Dies in Police Custody – After
218. International Covenant on Economic, Social and Cultural Rights, Being Arrested for Unpaid Medical Bills, Free Thought Blog,
United Nations Treaty Collection, available at Feb. 21, 2016, available at http://thefreethoughtproject.
https://treaties.un.org/Pages/ViewDetails com/warrant-issued-illegitimate-court/; Mark Shenefelt,
.aspx?src=IND&mtdsg_no=IV-3&chapter=4&clang=_en. Box Elder Jail Inmate’s Death Raises Concerns for Justice
System, Not Foul Play, Standard Examiner, Feb. 23, 2016,
219. Vienna Convention on the Law of Treaties, art. 18, entered into available at http://www.standard.net/Courts/2016/02/14/
force Jan. 27, 1980, 1155 U.N.T.S. 331. Man-who-died-in-Box-Elder-jail-was-there-for-not-paying-a-debt.
220. International Covenant on Economic, Social and Cultural Rights, 232. Mark Shenefelt, Box Elder Jail Inmate’s Death Raises Concerns
art. 11, entry into force Jan. 3, 1976, 993 U.N.T.S. 3 [hereinafter for Justice System, Not Foul Play, Standard Examiner, Feb. 23,
ICESCR] (“The State Parties to the present Covenant recognize 2016, available at http://www.standard.net/Courts/2016/02/14/
the right of everyone to an adequate standard of living…”); G.A. Man-who-died-in-Box-Elder-jail-was-there-for-not-paying-a-debt.
Res. 217 (III) A, art. 25, Universal Declaration of Human Rights
(Dec. 10, 1948). (“Everyone has the right to a standard of living 233. In FY 2016, 1,886 civil bench warrants were issued by Utah
adequate for the health and well-being of himself and of his justice court judges, and 3,945 warrants were issued by district
family…”). court judges. In 2015, 3,872 civil bench warrants were issued by
Utah district court judges and 1,610 by justice court judges. Mark
221. Zencka v. Lake Cnty., Cause No. 2:14-CV-371 (N.D. Ind. May 24, Shenefelt, Utah Courts Increase Use of Civil Bench Warrants
2016). to Compel Debt Payments, Standard Examiner, Mar. 26, 2017,
available at http://www.standard.net/Courts/2017/03/26/
222. University of Stellenbosch Legal Aid Clinic (Clinic) & Others
Utah-courts-increase-use-of-civil-bench-warrants-to-compel-debt-
v Minister of Justice and Correctional Services & Others;
payments-jails-Tremonton-Box-Elder; Mark Shenefelt, Box Elder
Association of Debt Recovery Agents NPC v Clinic & Others;
Jail Inmate’s Death Raises Concerns for Justice System, Not Foul
Mavava Trading 279 (Pty) Ltd & Others v Clinic & Others [2016]
Play, Standard Examiner, Feb. 23, 2016, available at http://www
ZACC 32.
.standard.net/Courts/2016/02/22/Box-Elder-jail-death-sparks-
attention-to-civil-bench-warrants.html.
223. U.N. Guiding Principles on Business and Human Rights, U.N.
Doc A/HRC/17/31, at ¶¶ 13, 22 (June 16, 2011).
234. Katie Rogers, Viral Student Loan Nightmare Is Not What it
224. Id. at ¶ 3. Seems, Authorities Say, New York Times, Feb. 16, 2016, available
at https://www.nytimes.com/2016/02/17/us/viral-student-loan-
225. See, e.g., Paul Kiel & Annie Waldman, The Color of Debt: How nightmare-is-not-what-it-seems-authorities-say.html?_r=2; Rob
Collection Suits Squeeze Black Neighborhoods, ProPublica Wile, U.S. Marshals May Have Arrest Warrants for Hundreds

Who Haven’t Paid Their Student Loans, Splinter, Feb. 18, 2016, 256. In re Gray, 567 B.R. 841 (Bankr. W.D. Wash. 2017).
available at http://fusion.net/u-s-marshals-may-have-arrest-
warrants-for-hundreds-who-1793854803. 257. Pseudonym used to protect the individual’s identity.
235. Jorge Ramos, Rob Wile, Dan Lieberman, One Texas Judge Is 258. Pseudonym used to protect the individual’s identity.
Responsible for Most of the Student Debt-Related Arrests in America,
Fusion, Apr. 14, 2016, available at http://fusion.net/story/291271/ 259. [Name redacted to preserve anonymity], Petition, Case No. 12-
50325, (Bankr. E.D. Mo. Oct. 25, 2012).
student-debt-arrests-houston.
260. Pseudonym used to protect the individual’s identity.
236. Michael Parks, Operation Anaconda Squeeze Leads to Arrests of
Debtors in Minnesota, Student Life Blog (Feb. 21, 2003), available 261. [Name redacted to preserve anonymity] v. Caldwell, No. 14-0967,
at http://www.studlife.com/archives/News/2003/02/21/ 2015 WL 1281022 (W.D. La. Mar. 20, 2015).
OperationAnacondaSqueezeleadstoarrestsofdebtorsinMinnesota.
237. See U.S. v. Winford P. Aker, Case 4:06-cv-03788 (S.D. Tex.).
263. Compl., Cavnar v. Bounceback, No. 2:14-CV-235-RMP (E.D. Wash.
238. Katie Rogers, Viral Student Loan Nightmare Is Not What July 18, 2014).
it Seems, Authorities Say, New York Times, Feb. 16, 2016,
available at https://www.nytimes.com/2016/02/17/us/ 264. Terrell Marshall Law Group PLLC, Bounceback, Inc. Sued for
viral-student-loan-nightmare-is-not-what-it-seems-authorities- Allegedly Using Seal and Letterhead of Washington Prosecutors
say.html?_r=1; Noah Feldman, Shirking Your Student Loan to Collect Debts, Case Page, available at http://terrellmarshall.
Shouldn’t End in Handcuffs, Bloomberg, Feb. 18, 2016, available com/bounceback-inc-sued-for-allegedly-using-seal-and-letterhead-of-
at https://www.bloomberg.com/view/articles/2016-02-18/ washington-prosecutors-to-collect-debts/.
shirking-your-student-loan-shouldn-t-end-in-handcuffs.
239. Jorge Ramos, Rob Wile, Dan Lieberman, One Texas Judge Is
Responsible for Most of the Student Debt-Related Arrests in America, 266. Del Campo v. Am. Correctives Servs. Inc., 718 F. Supp. 2d 1116
Fusion, Apr. 14, 2016, available at http://fusion.net/story/291271/ (N.D. Cal. 2010); Dan Nephin, Calif. Debt Firm Settles Pa. Class-
student-debt-arrests-houston/. Action Suit, San Diego Union-Tribune, Nov. 3, 2009, available at
http://www.sandiegouniontribune.com/sdut-calif-debt-firm-settles-
240. ACLU interview with Tracie Mozie. pa-class-action-suit-2009nov03-story.html.
241. Pseudonym used to protect the individual’s identity. 267. Am. Compl., Smith et al. v. Levine Leichtman Capital Partners,
Inc. et al., No. 3:10-cv-00010, No. 3:10-cv-00010, 2010 WL
242. Pseudonym used to protect the individual’s identity. 3500442 (N.D.Cal. Dec. 31, 2009); Jeff Gelles, Lawsuits Were
Stymied, But CFPB Finally Puts Halt to Rent-a-D.A. Scheme, The
243. Pseudonym used to protect the individual’s identity. Inquirer, Apr. 5, 2015, available at http://www.philly.com/philly/
business/20150405_Lawsuits_were_stymied__but_CFPB_finally_
244. Pseudonym used to protect the individual’s identity. puts_halt_to_rent-a-D_A__scheme.html.
245. [Name redacted to preserve anonymity] v. Grace Whitney 268. Am. Compl., Breazeale et al., v. Victim Services, Inc., d/b/a
Properties, Ind. Ct. App., Case No. 82A04-1003-SC-177, Nov. 2010. CorrectiveSolutions, National Corrective Group, Inc. d/b/a
CorrectiveSolutions, and Mats Jonsson, No. 14-05266 (N.D. Cal.
246. Zions First National Bank v. [name redacted to protect identity], Feb. 6, 2015), available at http://terrellmarshall.com/wp-content/
No. 13-2-01488-1 (Sup. Ct. Wash. Lewis Cty. 2014). uploads/2016/08/Complaint.pdf; Compl., Breazeale et al. v. Victim
Services, Inc., d/b/a CorrectiveSolutions, National Corrective
247. Pseudonym used to protect the individual’s identity. Group, Inc. d/b/a CorrectiveSolutions, and Mats Jonsson, No.
3:14-cv-05266, 2014 WL 6997607 (N.D.Cal. Dec. 1, 2014), available
248. Pseudonym used to protect the individual’s identity. at http://guptawessler.com/wp-content/uploads/2014/12/Filed-
Complaint-with-Exhibits.pdf.
269. [Name redacted to preserve anonymity] v. Nat’l Corrective Grp.,
250. State v. [name redacted to preserve anonymity], No. E2015-02213- Inc., No. 3:10-CV-0175 (M.D. Pa.); Joe McDonald, DA’s “Bad Check”
CCA-R3-CD, 2017 WL2117029 (Tenn. Crim. App. May 15, 2017). Collection Program Lands Jarbola in Federal Court Lawsuit, The
Times Tribune, Sept. 3, 2010, available at http://thetimes-tribune.
251. Pseudonym used to protect the individual’s identity. com/news/da-s-bad-check-collection-program-lands-jarbola-in-
federal-court-lawsuit-1.989106.
270. Am. Compl., Smith et al. v. Levine Leichtman Capital Partners,
253. Pac. Fin. Corp. v. [name redacted to preserve anonymity], No. 05- Inc. et al., No. 3:10-cv-00010, No. 3:10-cv-00010, 2010 WL 3500442
0009-GA, 2008 WL 5381895 (N. Mar. I. Dec. 19, 2008). (N.D.Cal. Dec. 31, 2009); Mosi Secret, Bounced Checks; How
Local District Attorneys Get a Cut of the Debt Collection Business,
254. Pseudonym used to protect the individual’s identity. ProPublica, Mar. 2, 2009, available at https://www.propublica.
org/article/bounced-checks-how-local-das-get-a-cut-of-the-
255. [Name redacted to preserve anonymity] v. Dr. Auto Care LLC, Case debt-collection-business; Drew Griffin & David Fitzpatrick,
No. 10-34826 (Bankr N.D. Ohio March 24, 2011). Bounced-check Collection Deals Draw Fire, CNN, Mar. 2, 2009,

available at http://www.cnn.com/2009/US/03/02/siu.bad 282. Fed. R. Bankr. P. 2005.
.checks/index.html?_s=pm:us.
283. See In re TAAF, LLC, No. 10-00171-8-RDD, 2010 WL 964240
271. Am. Compl., Smith et al. v. Levine Leichtman Capital Partners, (Bankr. E.D.N.C. Mar. 10, 2010) (exercising authority under this
Inc. et al., No. 3:10-cv-00010, No. 3:10-cv-00010, 2010 WL 3500442 rule to incarcerate a debtor for over 30 days). See also In re R&D
(N.D.Cal. Dec. 31, 2009); Mosi Secret, Bounced Checks; How Contractors, Inc., No. 09-68035-JB, 2009 WL 6498517 (Bankr.
Local District Attorneys Get a Cut of the Debt Collection Business, N.D. Ga Dec. 1, 2009); In re Butler Innovative Solutions, Inc., No.
ProPublica, Mar. 2, 2009, available at https://www.propublica 08-00065, 2008 WL 5100185 (Bankr. D.D.C. July 25, 2008); In re
.org/article/bounced-checks-how-local-das-get-a-cut-of-the-debt- Continuum Care Services, Inc., 374 B.R. 692 (Bankr. S.D. Fla. 2007).
collection-business.
284. Alaska R. Civ. P. 69.
272. Id.
285. Alaska R. Civ. P. 37(d).
273. Am. Compl., Smith et al, v. Levine Leichtman Capital Partners,
Inc. et al., No. 3:10-cv-00010, 2010 WL 3500442 (N.D.Cal. Dec. 31, 286. Alaska R. Civ. P. 90.
2009), available at http://www.checkrestitution.com/documents/
NCGComplaint010410.pdf. 287. Ariz. Rev. Stat. Ann. § 12-1631.
274. Pseudonym used to protect the individual’s identity. 288. Ariz. Rev. Stat. Ann. § 12-1556.
275. Denise Grollmus, How Debt Collectors Get Away with Terrorizing 289. Ark. R. Civ. P. 69.
Consumers—With the Blessing of Public Officials, LA Weekly,
290. Ark. R. Civ. P. 37.
Jan. 24, 2013, available at http://www.laweekly.com/news/
how-debt-collectors-get-away-with-terrorizing-consumers-with-the-
291. Cal. Civ. Code §§ 708.170, 491.160(a), 1993(a); Order to Produce
blessing-of-public-officials-2612718.
Statement of Assets and to Appear for Examination, The Judicial
Branch of California, http://www.courts.ca.gov/documents/
sc134.pdf.
277. Declaration in support of plaintiff’s motion for summary judgment,
292. Order to Appear for Examination, The Judicial Branch of
[name redacted to preserve anonymity] et al. v. Henry Craighead,
California, http://www.courts.ca.gov/documents/ej125.pdf.
No. 2:05-cv-01304-WBS-GGH (E.D. Cal. April 23, 2007).
293. Colo. R. Civ. P. 69(e)(2).
278. Ex parte Robinson, 86 U.S. 505, 510 (1874).
294. Conn. Gen. Stat. § 13-20.
279. Fed. R. Civ. P. 37(b), 45(g).
295. Del. R. Civ. P. 69.
280. Fed. R. Civ. P. 70(e). Before holding a party in civil contempt, the
Ninth Circuit, for example, requires that the moving party show
296. Del. R. Civ. P. 37(d).
by clear and convincing evidence that the contemnor has violated
a specific and definite order of the court. The contemnor must 297. Del. Code. Ann. tit. 10, § 9506.
then demonstrate that they took every reasonable step to comply
and articulate why compliance was impossible. If they fail to meet 298. Fla. R. Civ. P. 1.560.
this burden, then the court will uphold the contempt finding. See
Go-Video, Inc. v. Motion Picture Ass’n of Am, 10 F.3d 693, 695 (9th 299. Fla. Stat. Ann. § 56.29(7); Fla. R. Civ. P. 1.380.
Cir. 1993); Sekaquaptewa v. MacDonald, 544 F.2d 396, 404 (9th Cir.
1976); Vertex Distributing v. Falcon Foam Plastics, Inc., 689 F.2d 300. Ga. Code Ann. § 9-11-69.
885, 889 (9th Cir. 1982); Donovan v. Mazzola, 716 F.2d 1226, 1240
(9th Cir. 1983). 301. Ga. Code Ann. § 9-11-37(d)(1).
281. Congress and the Supreme Court have not resolved whether the 302. Haw. R. Civ. P. 69.
use of contempt authority by non-Article III bankruptcy courts
raises constitutional concerns. However, bankruptcy courts have 303. Haw. R. Civ. P. 37(d).
exercised their contempt power under statutory authority and
304. Haw. Rev. Stat. Ann. § 654-4.
the court’s inherent powers. Int’l Union, United Mine Workers
of Am. v. Bagwell, 512 U.S. 821, 828 (1994). Section 105 of the
305. Haw. Rev. Stat. Ann. § 710-1077(6).
Bankruptcy Code allows bankruptcy courts to “issue any order,
process, or judgment that is necessary or appropriate to carry out 306. Idaho Code Ann. § 11-104.
the provisions of” the Bankruptcy Code. 11 U.S.C. § 105(a). Courts
have interpreted this provision as including the power to impose 307. Some courts require creditors to first file motions to compel before
sanctions for contempt. See, e.g., In re Hardy, 97 F.3d 1384, 189-90 issuing the body attachment order. CAO CvPi 10-5 Instructions for
(11th Cir. 1996); In re Walters, 868 F.2d 665, 669 (4th Cir. 1989); Judgment Debtor Examinations, Court Assistance Office, State of
In re Hercules Enterprises, Inc., 387 F.3d 1024, 1027 (9th Cir. 2004); Idaho Judicial Branch, available at https://courtselfhelp.idaho.gov/
In re Dyer, 322 F.3d 1178, 1191 (9th Cir. 2003). Further, bankruptcy other-misc-civil# (found under Enforcing Civil Judgments).
courts have contempt authority pursuant to their inherent power.
See, e.g., In re Mroz, 65 F.3d 1567, 1574075 (11th Cir. 1995). 308. 735 Ill. Comp. Stat. Ann. 5/2-1402.

309. Kelly M. Greco & Stephanie R. Hammer, No More “Debtors’ 340. Neb. Rev. Stat. Ann. § 25-1566.
Prison”: Greater Notice, Protections for Judgment Debtors, 101 Ill.
B. J. 134 (2013). 341. Nev. Rev. Stat. Ann. § 21.270.
310. Ind. R. Trial P. 69(E). 342. N.H. Sup. Ct. Civ. R. 52(a).
311. Ind. Code Ann. § 34-47-4-2. 343. N.H. Rev. Stat. Ann. § 524:6-a.
312. Ind. R. Trial P. 64(A). 344. N.H. Sup. Ct. Civ. R. 52(b).
313. Iowa Code Ann. § 630.11. 345. N.J. Stat. Ann. § 4:59-1(f).
314. Kan. Stat. Ann. § 60-2419. 346. N.J. Stat. Ann. § 6:-7(2)(e)(3).
315. Ky. Rev. Stat. Ann. § 426.382. 347. N.J. Stat. Ann. § 6:-7(2)(g).
316. Ky. Rev. Stat. Ann. § 425.316. 348. N.J. Stat. Ann. § 6:-7(2)(i); N.J. Stat. Ann. § 4:59-1(f).
317. La. Code Civ. Proc. Ann. art. 2451. 349. N.Y. C.P.L.R. 5224.
318. La. Code Civ. Proc. Ann. art. 2456. 350. N.Y. C.P.L.R. 2308.
319. Me. Rev. Stat. Ann. tit. 14, §§ 3134, 3136. 351. N.C. Gen. Stat. Ann. § 5A-21.
320. Me. Rev. Stat. Ann. tit. 14, § 3135. 352. Ohio Rev. Code Ann. § 2333.19. See, e.g., Collecting on Judgment,
Garfield Heights Municipal Court, https://www.ghmc.org/
321. Md. Code. Ann., Civ. § 3-633. small-claims/collecting-on-judgment/debtors-exam; General
Provisions, Muskingum County Court, available at http://www
322. Id. See also Ramsay v. Sawyer Prop. Mgmt., 948 F.Supp.2d 525 .muskingumcountycourt.org/pdf/courtRules.pdf.
(D. Md. 2013) (detailing the contempt process under Maryland
state law for judgment debtors). 353. Okla. Stat. tit. 12, § 842.
323. Mass. Gen. Laws Ann. ch. 224, § 18. 354. Okla. Stat. tit. 12, § 68.
324. Mass. Gen. Laws Ann. ch. 224, § 21. 355. Or. Rev. Stat. Ann. § 18.265.
325. Mich. Comp. Laws. Ann. § 600.6110; Mich. Comp. Laws Ann. § 356. Or. Rev. Stat. Ann. § 18.270.
2.621(A).
357. Pa. R. Civ. P. 3117.
326. Minn. Stat. Ann. § 550.011.
358. Pa. R. Civ. P. 1910.13-1.
327. Minn. Stat. Ann. § 588.04.
359. R.I. R. Civ. P. 69.
328. Miss. Code Ann. § 13-1-261.
360. S.C. R. Civ. P. 69.
329. Id.
361. S.C. R. Civ. P. 37(d).
330. Miss. R. Civ. P. 37(d).
362. S.C. Code Ann. § 15-39-490.
331. Miss. Code Ann. § 9-1-17.
363. S.C. Code Ann. § 15-39-320.
332. Mo. R. Civ. P. 76.27.
364. S.C. Code Ann. § 15-17-20.
333. Mo. R. Civ. P. 76.28.
365. S.C. Code Ann. § 15-17-10.
334. Mont. Code Ann. § 25-14-101.
366. Tenn. R. Civ. P. 69.03.
335. Mont. R. Civ. P. 37(d).
367. Tenn. R. Civ. P. 37.02, 64.
336. Mont. Code Ann. § 3-1-520.
368. Tex. Civ. Prac. & Rem. Code Ann. § 31.002.
337. Mont. Code Ann. § 3-1-518.
369. Utah R. Civ. P. 64.
338. Mont. Code Ann. § 25-13-102; see also Mont. Code Ann. § 25-
14-301 – 25-14-312. 370. Supplemental Proceeding, Washington City Justice Court,
available at http://new.washingtoncity.org/court/forms/
339. Neb. Rev. Stat. Ann. § 25-1565. SUPPLEMENTALPROCEEDING.pdf.

371. Vt. R. Small Claims P. 8(a).
372. Vt. R. Small Claims P. 8(c).
373. Vt. Stat. Ann. tit. 12, § 123.
374. Va. Code Ann. § 8.01-506.
375. Va. Code Ann. § 8.01-508.
376. Wash. Rev. Code Ann. § 6.32.010.
377. Wis. Stat. Ann. § 799.26.
378. Wis. Stat. Ann. §§ 816.06, 816.03.
379. Wis. Stat. Ann. § 425.113.
380. Wis. Stat. Ann. §§ 816.05, 785.02.
381. Application for Bench Warrant, Manitowoc County WI, available

at http://www.co.manitowoc.wi.us/media/2292/civil-bench-
warrantapplication-for-bench-warrant.pdf.
382. N. Mar. I. R. Civ. P. 69.
383. 7 N. Mar. I. Code § 4206.
384. N. Mar. I. R. Civ. P. 37(b)(1); N. Mar. I. R. Civ. P. 45(e).
385. 7 N. Mar. I. Code § 4208.
386. P.R. R. Civ. P. 51.4.
387. P.R. R. Civ. P. 56.8.
388. D.C. Code Ann. § 69-I(b).

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A Pound of Flesh

The Criminalization of Private Debt

threatening letters enforcement to private collection companies, even

Private debt collectors have entered into hundreds

• The Conference of Chief Justices and the

8 American Civil Liberties Union

their incomes are providers, pediatric clinics, rehabilitation services,

cost of living. Debt in America is ubiquitous. But race and ethnicity

10 American Civil Liberties Union

Because the courts adjudicating debt collection

A Pound of Flesh: The Criminalization of Private Debt 11

State courts are deeply enmeshed in the debt

State and Federal Laws That Allow the Jailing

14 American Civil Liberties Union

A Pound of Flesh: The Criminalization of Private Debt 15

18 American Civil Liberties Union

In interviews with the ACLU, people described the

In many instances, parents were arrested in front

20 American Civil Liberties Union

in a default judgment Beyond that, debt collectors benefit from expedited

A Pound of Flesh: The Criminalization of Private Debt 21

People sued for debts often do not receive notice of

24 American Civil Liberties Union

A Pound of Flesh: The Criminalization of Private Debt 25

Some coercive debt collection practices are explicitly

Payment plan late fee: $10

District attorneys are required by law to review

30 American Civil Liberties Union

A Pound of Flesh: The Criminalization of Private Debt 31

Arrest and jailing are the most extreme tactics, but

32 American Civil Liberties Union

Jailed for four days for a credit

34 American Civil Liberties Union

36 American Civil Liberties Union

In the most egregious cases, the abuses may

A Pound of Flesh: The Criminalization of Private Debt 37

38 American Civil Liberties Union

• Issue an order giving the judgment debtor 90

40 American Civil Liberties Union

A Pound of Flesh: The Criminalization of Private Debt 41

• Prohibit courts from ordering a judgment

42 American Civil Liberties Union

• Adopt transparent reporting requirements • Require plaintiffs filing petitions to collect

A Pound of Flesh: The Criminalization of Private Debt 43

44 American Civil Liberties Union

A Pound of Flesh: The Criminalization of Private Debt 45

46 American Civil Liberties Union

48 American Civil Liberties Union

Ms. C,244 a disabled Indiana woman with three

A Pound of Flesh: The Criminalization of Private Debt 49

50 American Civil Liberties Union

Judge: How much?

A Pound of Flesh: The Criminalization of Private Debt 51

52 American Civil Liberties Union

A Pound of Flesh: The Criminalization of Private Debt 53

A Pound of Flesh: The Criminalization of Private Debt 55

56 American Civil Liberties Union

A Pound of Flesh: The Criminalization of Private Debt 57

58 American Civil Liberties Union

Received this writ on __________________, _, at ______ o’clock .m. and on