Pine Bluff leaders delve into having company collect unpaid fines

PINE BLUFF -- The Pine Bluff Public Safety Committee conducted a question-and-answer session Monday night to allow City Council members an opportunity to drill down on a proposal by a local collection agency to collect fines owed to the city through Jefferson County District Court Division 2.

Pine Bluff attorney Maxie Kaiser, representing Receivables Corp. of America, a Pine Bluff-based collection agency owned and operated by Bea Cheesman, spent about a half-hour answering questions from council members, some of whom expressed concerns about the proposal.

In a July presentation to the City Council, Kaiser noted that the company, which contracted in October with Jefferson County to collect unpaid fines, had collected more than $185,000 on behalf of the county between October and June.

During that July meeting, Kaiser told aldermen that the city is owed between $1 million and $2 million in unpaid fines dating back more than 20 years.

On Monday night, he told the council that during July, the company had turned in an additional $30,000 in fines collected for the county. He said the success of the company in collecting fines has begun to attract attention from other government entities and that the company is negotiating with the city of White Hall and with Lincoln County.

"Last month I was approached by someone in Arkansas County who had heard what we are doing here," Kaiser said.

Under an agreement reached in October with Division 1 District Judge Kim Bridgforth, Receivables Management Corp. entered into a five-year contract with the county in which it collects a 30% commission on all gross past-due fines, fees and costs it recovers, as well as out-of-pocket expenses, such as service of process fees and writs of garnishment. In addition, Jefferson County waives all filing fees for writs of garnishment and the recording of judgments filed to create a property lien.

District Court Division 1 hears traffic and misdemeanor cases for Jefferson County. Division 2, presided over by Judge John Kearney, hears traffic and misdemeanor cases for the city of Pine Bluff. Kaiser said Kearney had agreed to send a letter to the council voicing his support for the proposal.

Council Member Ivan Whitfield expressed concern that when an arrest warrant is issued for unpaid fines, the warrant generates additional costs, which he said amounts to an added burden on people, many of whom are in dire financial straits.

One of my concerns is a person scraping the bottom of the barrel to pay a fine, if they have a warrant, that puts them right back in the hole again," Whitfield said.

"It's a hole they put themselves in," Kaiser said.

"I know that," Whitfield replied. "But isn't there some way they just can release the warrant? As hard as times are for everybody I think there is something we can do for our citizens."

At that point, Cheesman spoke to Whitfield's concern.

"We work with people," she said. "When we send out the letters, we want to work with them to help them pay what they owe."

Kaiser noted that most of the collections, nearly two-thirds, come from outside Jefferson County.

"We have a lot from Little Rock," Cheesman said.

Kaiser said the current method of issuing a warrant and waiting for people who owe fines to come to the attention of law enforcement officials is a costly use of resources.

"It's very inefficient, and there's no other way for the city to collect," he said.

Also expressing concerns about the measure were representatives from Arkansas Community Organizations based in Little Rock and Pine Bluff, who said the collection of fines for misdemeanor offenses by a private collection agency places an undue burden on people who are already struggling financially.

Demetrius Melvin, an organizer for Arkansas Community Organizations, told the Arkansas Democrat-Gazette that going after people who owe fines and fees during the current pandemic is a burden on individuals and families who are suffering through job losses, reduction in hours and reduced incomes.

"Things are going on that prevent people from being able to pay their rent, pay their utilities, and this is just a bad time for everyone," Melvin said. "They could look into this, but not right now while people are having their hours cut and slashed. In normal times, we feel like anyone who owes fees who can pay should pay, but during a pandemic, this just is not the time for this."

Melvin said the organization also would like to see courts implement means testing to gauge people's ability to pay court-ordered fines and fees, and to set those fines and fees accordingly.

Council Member Win Trafford, chairman of the Public Safety Committee, said the issue will go back before the committee for further consideration, and at that time could be referred to the full council.

"Maxie is supposed to bring a letter from Judge Kearney supporting this proposal and based on the city attorney's opinion, it will have to go out for bid," Trafford said. "Then the City Council will have to pass a resolution allowing the mayor to contract with whatever company submits the winning bid. Depending on how that goes, we could begin the process of collecting these unpaid fines within a month."

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