It’s heartbreaking and infuriating all at once; a scenario that anyone with mounting medical debt has likely considered: severe punishment for failure to pay their bills. But, jail? Is that even legal?

Recently ProPublica, a non-profit newsroom that investigates abuses of power, released the results of a shocking investigation. If you live in Coffeyville, Kansas, indeed in many cities throughout the US, you may find yourself in jail over unpaid or late medical payments. Tres and Heather Biggs can attest to that. (1)

As it often does, it all started with a perfect storm. A series of life events that fall like dominoes, creating untenable circumstances. Tres and Heather’s son Lane had been diagnosed at age 5 with leukemia. At the same time, Heather was fighting a battle against seizures associated with Lyme disease. As you might guess, the insurance rates associated with health issues such as these are astronomical. “We had so many — multiple health issues in our family at the same time, it put us in a bracket that made insurance unattainable. It would have made no sense. We would have had to have not eaten, not had a home” Heather said. (2)

A Shakedown Of The Poor

It’s a situation that all too many Americans find themselves in. The people of Coffeyville, Kansas have the threat of jail hanging over them too, thanks to a court system that makes people’s private debt its own public business. Attorneys like Michael Hassenplug partner with doctors and ambulance services who are owed debts to pin people to the wall when their astronomical bills go unpaid.

How does it work? Every three months Hassenplug is in the courthouse, calling out the names of people with unpaid medical debt. Here, these people must publicly attest to what they have earned in the last three months and what they still owe. It’s known as a “debtor’s exam”. This gives Hassenplug an idea of whether garnishment, liens, or payment plans are the way to go. But if someone misses just one of these hearings because, you know, they have to work or something, a bench warrant is issued for their arrest. (2)

When they are arrested, bail is often set at $500. But instead of returning the money when a court appearance is made, the court keeps it and gives it to the creditors. Minus their fees, of course.

Hassenplug says he’s just doing his job, which is an interesting spin on things. This “law” that he’s just following in order to get his clients paid, is one that he wrote and recommended to the court himself. The mental gymnastics required to take private debt and make it public is quite a lot, but he managed to.  

No Law Degree Necessary

Somehow, in a town like Coffeyville, this is just the way it is. The judge, David Casement, is actually a cattle rancher who became a magistrate judge. With not one course in law under his belt, he was appointed to preside over the court. No law degree needed in Kansas for these kinds of cases.

But it’s not just Kansas. It happens all across the US, with stories just like this playing out. Thousands of people are jailed each year for failing to appear in court for unpaid debts. Judges have issued bench warrants for payday loans, rent, student loan debt, and more. One person was arrested over $28. Seriously….twenty-eight dollars. (1)

Entitled Man Accuses Poor Of Entitlement

Hassenplug says he has no problem with what he does. He used to do debt collection for dentists, vets, banks and other debtors. But he felt that medical providers just weren’t getting their fair share. And he was tired of the “welfare mentality” 

“Their attitude a lot of times is, ‘I’m a single mom and … I’m disabled and,’ and the ‘and’ means ‘the rules don’t apply to me.’ I think the rules apply to everybody,” he told ProPublica. (1)

Well, that’s one way to look at it. But in Coffeeville, where the poverty rate is nearly double that of the national average, it’s a strong bet that these people are just trying to make ends meet. That was the case with Tres the first time he was arrested. Back in 2008, his boy Lane was finally doing better in his battle with leukemia, and Tres had taken him out hunting. When the game warden came through to check licenses, it was discovered that Tres had a warrant out for his arrest. (1)

He wouldn’t find out until he was being processed in the jailhouse that the warrant was for failure to appear in court. Though Lane was doing better, he still had chemotherapy to keep up on. Heather’s seizures had hit with a vengeance. He was trying to hold the family together financially by working two jobs, so he just hadn’t gotten around to looking at the mail. Seventy hour work weeks will do that to a person.

ProPublica asked Hassenplug if he thought the way it’s set up in Coffeyville is a bit like a debtor’s prison, in a place where imprisonment for debt is outlawed. His response? “The only thing they’re in jail for is not appearing,” he replied. “I do my job, I follow the law. You just have to show up in court.” (1)

Interesting perspective.