Law Forum : Wow. They putting people in jail for not paying rent in Arkansas

Discussion in 'Law Forum - Prisons - Gun Ownership' started by asmith161718, Feb 10, 2013.

  1. asmith161718

    asmith161718 Well-Known Member MEMBER

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    http://www.rawstory.com/rs/2013/02/09/arkansas-law-jails-tenants-who-dont-pay-their-rent/

    I'm sure a number of African Americans are adversly affected by this law.

    Arkansas law jails tenants who don’t pay their rent

    Under a state law in Arkansas, renters can be imprisoned for failing to pay their rent. According to a report by Human Rights Watch, titled “Pay the Rent or Face Arrest: Abusive Impacts of Arkansas’s Criminal Evictions Law,” hundreds of tenants each year are taken to court, fined and jailed under the state’s “failure to vacate” law.
    “The failure-to-vacate law was used to bring charges against more than 1,200 Arkansas tenants in 2012 alone,” read the report. “This figure greatly understates the total number of people impacted by the law. The vast majority of tenants scramble to move out when faced with a 10-day notice to vacate rather than face trial — and with good reason.”
    The report continued, “Making matters considerably worse, the law strongly discourages accused tenants from pleading not guilty. Those who do are required to deposit the total amount of rent they allegedly owe with the court, which they forfeit if they are found guilty. Tenants who are unable to deposit the rent amount but plead not guilty anyway face substantially harsher fines and up to 90 days in jail. Tenants who plead guilty face none of this.”
    Landlords and corrupt public officials have frequently abused the law, which is unlike landlord-tenant law in any other state in the union. HRW reported, “Several of the tenants interviewed for this report were confronted at home or at work by police officers who had warrants for their arrest. One woman was berated in open court by a district judge, who compared her to a bank robber.”

    [​IMG]Raw Story (http://s.tt/1zA4N)​
     
  2. Shikamaru

    Shikamaru Well-Known Member MEMBER

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    The persons affected by "failure-to-vacate" aren't being jailed for failure to pay rent.

    More than likely, they are being jailed for failure to obey a court order. That's contempt of court.

    A person cannot be jailed for failure to pay a debt (in most instances). A person can be jailed for failure to perform on a court order.

    This is the same trick used in actions of debt against debtors as well as child support payments.

    If someone knew what they were doing, they may be able to guide their case all the way up to the Supreme Court, win their case, and get the law struck down.

    The lady in this situation has been damaged by the man and the system. She is entitled to recovery for her damages (if she knows how to file an action against the targets).
     
  3. $$RICH$$

    $$RICH$$ Lyon King Admin. STAFF

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    make ship laws ...don't be suprise when other states adopt this tactic
     
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