The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1933-01-03


the statute by loan sharks, and
other high pressure" concerns,
as a means Of collecting accounts,
has increased the routine work
handled in county Offices by ap-
proXimately 25 per cent, it is esti-
mated.
Unpaid Costs 100000
aside from the increased number
of suits filed we also have to handle
an amounting accumulation of
records said Charles r. Ettinger,
chief deputy in the office of Glenn
Ralston county clerk.
Il believe a conservative estimate
of the total of court costs carried
as unpaid on our records could be
placed between 100000 and $75,000
This sum represents fees which have
been assessed against defendants
who have been garnisheed. Because
they have no incomes, it has been
impossible to carry out the garnish-
mcnt and the costs have not been
paid
Although legally, it is possible to
force successful plaintiffs to pay
court costs originally assessed
against defendants, it is enforced
with difficulty, county officials have
found.
Carried as Unpaid
Besides, we could not reverse
cost assessments on just few of the
cases without applying The same
rule to all" Ettinger pointed out.
There are many garnishments OBJ
tanned to force payment from dead
beats for legitimate and just debts.
In such cases the plaintiff should
n t be saddled with the court costs.
1--WE continue to carry the costs
as unpaid on our records from
month to month, although it takes
more bookkeeping.
The same condition of additional
work is found in the Sheriff'S office,
which is charged with the response
bility of collecting the 10 per cent
deduction made from pay envelopes
to meet garnishmentS.
From the time of service of the
first summons to answer complaint
for judgment on an account until
the last payment is made under the
garniShee order, the sheriff'S office
is required to play an active part.
Extra Work Is Problem
Here, too. is found the extra work
problem. The services of several
deputies are required each day to
handle summons and executions
arising from garnishmentS.
In addition, each garnishee re-
quires at least ten entries on the
records Of the progress of the COL
lection. Since no payment is made
to plaintiffs until the entire order
has been fulfilled, it is necessary to
place collections in a special fund
until the total has accumulated.
With approximately 1000 orders
working" at the present time and
a growing use of the Sheriff's office
as collection agency, the routine
work has increased tremendously
since the law was passed
Persons familiar with the history
of the law and the events leading
to its passage do not hesitate to de-
clare that the original intent of the
statute was not the use to which it
now is being put.
Legislators Misled
Although refusing to permit the
use of their names in connection
with the accusation, authoritative
sources charge that the lobbyists
who urged passage of the law either
were unaware of its possibilities or
else deliberately misled the legis-
latorS.
According to the records, the gar
niShee law was passed to aid THE
corner grocery and meat market,
the doctor, dentist and other pro-
feSSiOnal men whose services often
are given free because of inability to
collect and hesitancy to employ
regular collection agencies.
Publicity given the bill at time of
its consideration mentioned these
only as benelciarieS of The act,
which was termed a means to curb
the dead beat"
No mention was made of the
possibility of the law working a
hardship on unfortunates entitled to
consideration and leniency in the
matter of their debts.
Reaches Racket Stage
In the last few years. however,
use of the garniShee law has reached
the proportions of a racket and its
provisions have been turned to
questionable uses. Investigation
before extending credit by loan
sharks has been Supplanted by the
knowledge that the state has placed
in their hands a club which can be
welded effectively on the head OF
the debtor.
AL that is necessary is the
knowledge that the seeker for credit
has a JOB. Regardless OF the week
~ wage. the creditor knows that
legally and in short order. he can
obtain his pound of flesh" in the
form of 10 per cent of his debtors
income without Intervention from
any Portia
All that can be expected by the
victim OF a garniShment is an APP
peal to the court issuing the order
10 modify it below the 10 per cent
maximum allowed by statute
And in such a case the time Of
payment completion is extended, for
which slight grace the legal rate Of
interest is charged to add to the
burden already tripled beyond the