Hot Checks: Two sides to story of Arkansas city's 'debtor's prison' lawsuit

Sherwood, Ark., and Pulaski County have been in the news all across the nation this week.

The spotlight stems from a class-action lawsuit filed Tuesday accusing the city and county of running a modern-day debtor's prison in their zeal to prosecute bad checks and collect the funds due.

According to the lawsuit, filed by four residents who had been jailed over bad checks along with the American Civil Liberties Union and the Lawyers' Committee for Civil Rights Under Law, Sherwood, which collects bad checks for Pulaski County as well, traps low-income residents with bounced checks into a cycle of fines and fees on top of what they owe on the worthless checks. When the total becomes too much for them to pay, it often means a stay in jail. The plaintiffs further claim Sherwood holds court proceedings in secrecy and that defendants are often deprived of counsel.

The suit details cases where bounced checks for small amounts turn into thousands of dollars in penalties and fees. There is a suggestion that the city is dependent on revenue from the fines and fees as well and that the collection process is more about profit than justice.

Maybe, maybe not.

You see, there is another side to this that isn't emphasized nearly as much as it should be. And that's how long the city had to pursue these bad debts.

In one case, several bounced checks for about $200 total turned into more than $3,000 in fines and fees, and last month the man responsible got 90 days in jail. That sounds excessive, until you consider authorities tried for six years to get him to pay. This is a common thread in these stories. Jail and added costs come after considerable time and effort to collect.

There are two sides here. Maybe the plaintiffs have a point. Maybe the city is doing what it has to do to collect what is owed to the victims. We'll have to wait until the case gets to court to know more.

But we can say one thing for sure: If you don't want fines, fees and jail time for bounced checks, then don't bounce checks.

Upcoming Events