because the poor (often rightly) believe the legal system will never help them in any way so showing up is a waste of time
This! Sadly, there are many government services that are intended to help the poor in these situations, unfortunately, there is a lack of awareness and/or education about what is exactly available, to whom that help is for, and how to go about receiving that help. For example, many courts have pro-bono attorneys available a few times a month to provide legal advice to those who can't afford to hire an attorney. Most often these services are available for free on a first-come-first-serve basis regardless of income level. They are intended not for criminal defense, but instead to help people navigate civil court issues (i.e. evictions, divorce, collections, etc...).
Yes, showing up can be hard for someone living day-to-day/paycheck-to-paycheck. No amount of education or resources is going to solve that problem. One alternative solution could be for courts to offer alternate hours for these cases.
Or maybe, try to keep these things out of the court system.
If people have less than say 5k in assets just block any sort of wage garnishing, etc.. and dismiss the case. Forbid collection of debt, etc. And put the burden of proof onto the collector.
We shouldn't allow debt collectors to take the clothes of peoples back, why should we allow debt collectors to take the last dollar.
I'm not saying this is the only solution, just one of many. The point keep poor people out of the court system, they can't pay anyways, what's the point?
It's certainly possible to require that if debt collectors demand the courts help them collect their debt, that they have to provide certain pieces of evidence to the court.
This is already the case: in order to convince a court to garnish wages, debt collectors have to prove to the court that the person accused actually owes the debt. They could also be required to provide evidence that the person is wealthy enough to pay.
A person not paying and not being able to reasonably afford to is no crime and should not involve the court at all: the person who made the loan made a mistake. The reason lendors are allowed to charge interest is so that they can asses the risk they will not be able to recover their investment in some cases -- these are those cases.
If someone can pay and chooses not to, that is a matter for the courts, so if a debt collector wishes to have the courts take money from these people they should have to prove they fall into this category.
This! Sadly, there are many government services that are intended to help the poor in these situations, unfortunately, there is a lack of awareness and/or education about what is exactly available, to whom that help is for, and how to go about receiving that help. For example, many courts have pro-bono attorneys available a few times a month to provide legal advice to those who can't afford to hire an attorney. Most often these services are available for free on a first-come-first-serve basis regardless of income level. They are intended not for criminal defense, but instead to help people navigate civil court issues (i.e. evictions, divorce, collections, etc...).
Yes, showing up can be hard for someone living day-to-day/paycheck-to-paycheck. No amount of education or resources is going to solve that problem. One alternative solution could be for courts to offer alternate hours for these cases.