Collection Actions: 11.2.2 Debtors’ Prisons
The U.S. Supreme Court addressed the problem of debtors’ prisons in Tate v. Short.19 Tate was unable to pay $425 in fines arising from various traffic offenses. A local court ordered that Tate be imprisoned pursuant to Texas law authorizing incarceration for nonpayment of fines and costs to “satisfy” the debt at a rate of $5 per day spent in prison. Tate argued that he was too poor to pay the fines, but the state courts held that his indigence did not justify his release.