A Pound of Flesh: The Criminalization of Private Debt

By Jennifer Turner

In the first-ever report on the extent and impact of cooperation between courts and the private debt collection industry nationwide, the American Civil Liberties Union found courts in 26 states and Puerto Rico in which judges issued arrest warrants for alleged debtors at the request of private debt collectors.

This practice violates the many state and federal laws as well as international human rights standards that prohibit the jailing of debtors. It worsens their financial struggles by subjecting them to court appearances, arrest warrants that appear on background checks, and jail time that interfere with their wages, their jobs, their ability to find housing, and more.

An estimated one in three adults in the United States has a debt that has been turned over to a private collection company, according to the Urban Institute. More than 6,000 of these companies operate in the U.S. At the bidding of the private debt collection industry, courts issue tens of thousands of arrest warrants every year when people don’t appear in court to deal with unpaid civil debt judgments.

New York: The American Civil Liberties Union (ACLU), 2018. 97p.