Pay To Stay” Prison Program A Miserable Failure
In the counties of Butler and Hamilton, Ohio, the sheriff’s departments attempted to collect money from inmates to pay for the cost of their stay at jail. A miserable failure, the program was halted a few weeks ago after it cost taxpayers $69,000 to settle a federal lawsuit. The state auditor put an end to the program because it wasn’t generating any revenue.
Despite this fact, these counties are discussing reviving the program through collecting booking fees. Financial analysts remain dubious. Even in the best case scenarios, the policy may not be lucrative at all; most prisoners that end up in jail have no money.
Lawsuits were the issue that stopped the program in the first place. An Ohio prison nearby originally began charging booking fees at a hundred dollars and an additional $67.77 daily charge for every day held. But federal lawsuits against Hamilton and Butler counties started the end to “pay to stay” programs. The major issue at hand was determining who had to pay the fee.
Ohio law allows a county to charge inmates for room and board, medical and dental treatment, property damage and a onetime booking fee. Prisoners must be billed at the end of their stay, but the key provision of the law is that convicted inmates only could be charged. The District Judge said that it was unconstitutional to take these fines from inmates who were not yet convicted.
Hamilton County was taken to court in 2000 and was ordered to return around one million dollars in prison fees and to pay $150,000 for an educational program for inmates. In 2001, Butler County was also sued. By 2003, the grand total of money that was returned to settle litigation was $63,846 to 2,431 prisoners. Additionally, the county was ordered to pay a $5,000 donation to the Legal aid Society after officials did not add the agreed upon ten percent interest on refund checks.
Although the plan to charge pay to stay fees to prisoners has failed, and has cost taxpayers more money than the program is worth, the Sheriff’s department still looks to extract more money from the jail. Charging booking fees, and taking in out of state prisoners are current considerations.
Mallory Megan works for Rapid Recovery Solution, a medical debt collection agency. Having trouble collecting money from small claims? collection agencies can help.
Tactics A Debt Collector Uses And What To Do After You Have Paid: Debt Collection Basics Part Four
In the first three parts of this series I wrote about collections accounts, described how sending unpaid accounts out to an agency helps out a creditor, and described the practice of selling an old debt to a third party collection agency. I spoke about the type of information that a collection company will obtain to utilize in their efforts, and the type of laws that third party collection agencies must follow. I described illegal and legal tactics that debt collection agencies use to collect.
I let you know that most bill collectors know that it is crucial to collect on your accounts as soon as possible. A number will ask you why you can’t pay today, and a few might attempt to manipulate your emotions or insinuate that you are fiscally irresponsible to upset you into agreeing on a payment.
Another strong arm tactic used in the industry is to upset a debtor by manipulating their emotions, and then transfer them to an agency supervisor. By this time the debtor might be angry or frustrated and it will be more probable that they would agree to something easier simply to get off the phone. If you find yourself in this situation, try to remain calm throughout the conversation.
Try to remember that you aren’t talking about a mortgage payment; the debt collector can not take your house away if you can not make the payments that they are specifically requesting. Don’t let the collection agency manipulate you into agreeing to something that you cannot afford at the moment or intimidate you into doing what you don’t want to do.
Do your best to remain firm and stick to the terms that both parties agreed on. After working out a payment plan, as with ANY financial decision, verify your agreement in writing by mailing a plan in writing by certified mail, return receipt requested to prove delivery and make sure that the agency received it.
Rapid Recovery Solution does commercial debt collections and writes articles on medical collection companies. This article, Tactics A Debt Collector Uses And What To Do After You Have Paid: Debt Collection Basics Part Four is released under a creative commons attribution licence.
Legal And Illegal Tactics A Debt Collector Will Use To Collect: Debt Collection Basics Part Three
In the first two articles I defined what a delinquent account that had been sent to collection was, how sending late accounts out to an debt collection company benefits a creditor, and the practice of selling an old debt to a third party collection agency.
I described what sort of data a collection company will collect and use in their efforts, and also that third party collection agencies are governed by federal and state laws and are overseen by the FTC.
Some collection agencies will use illegal, deceptive and strong arm tactics to confuse and scare debtors that include pretending that they are one of their creditors and asking them to verify information, pretending to be an old friend or neighbor to catch a debtor off guard, repetitively calling or mailing a debtor to the point where it gets to be a nuisance, or sending threatening letters or leaving threatening voicemail messages.
Legal but manipulative practices include pressing the debtor, preying on their emotions, and using vague threats like “respond within ten days or further collections attempts will follow.” Other illegal practices include making an idle threat of litigation or pursuing litigation when the debt collector has no intention to, threatening to throw a debtor in jail, threatening to garnish wages or seize bank accounts when they have no authority to, lying about the amount that is owed, or asking for more than what is owed are used as well.
For the debt collection industry, time is the enemy and a good debt collector is fully aware of this. Their goal is specifically to obtain money as soon as possible.If you are talking to a debt collector, keep in mind that at any time you have the legal right to tell them you are busy and will call them back if you are flustered, hang up, cool off, develop a game plan, and contact them later. An aggressive debt collector will ask you why you can’t make payment arrangements today.
Rapid Recovery Solution is a commercial collection agency that writes articles on medical collection agencies. Also published at Legal And Illegal Tactics A Debt Collector Will Use To Collect: Debt Collection Basics Part Three.
How Will A Collection Agency Try To Collect My Debt?
Collection agencies primarily use letters and phone calls to achieve collection. Collection letters are typically computer generated, and differ in severity. The first letter usually starts with a simple “reminder” tone and as the letters progress they may build up to a final demand.
The first demand letter legally must inform the debtor that they have the capability of disputing the validity of the debt, or if they choose to, request written verification of the debt. If they would like to receive written verification, the agency by law must send some sort of confirmation after verifying it with the original creditor. Demand letters will also confirm that they come from a debt collector, and that any information obtained will be utilized in the attempt to collect debt.
The envelopes of collection correspondence cannot reveal anything that might suggest that it is a collections letter. Therefore, any type of mail that might be embarrassing or public, such as a post card, would be strictly prohibited. The return address should also be discrete; as a result many collection companies will just use their company’s initials, or some other type of vague name.
The nature of the additional notices will depend on the debtor’s reaction. If a debtor agrees to pay off the debt this will most likely result in letters written with a gentler tone. Belligerent reactions, or even a lack of reaction from the debtor might result in a more threatening tone to the letter.
The idea of debt collection is to try to achieve a sense of urgency. Most debt collectors are aware that many debtors owe many types of debt and seek to instigate the debtor to prioritize their particular account. Deadlines may be set, with vague threatening tones, but failure to respond usually results in only more correspondence. Collection letters will always try to convince the debtor to call the collection agency on the telephone directly. If the debtor does not within thirty days, then the collector will often initiate phone calls.
Mallory Megan works for Rapid Recovery Solution and writes articles on commercial collection agencies Check here for free reprint licence: How Will A Collection Agency Try To Collect My Debt?.