There Is A Constitutional Right To Be Free of Excessive Fines
As reported by Fox17 News, a woman in Kalamazoo County stands to lose her home for missing one property tax payment.
According to their reports, Deborah Calley had a terrible car accident in 2008, in which she suffered severe injuries
including brain damage. Since she could no longer drive, she bought a home walking distance to
several stores and businesses and her children's schools. She paid the entire $164,000 purchase price in cash. So
unlike people with mortgages, whose property taxes are usually rolled in with those monthly payments, she was
responsible for keeping track of her property taxes and paying them on time.
And she got confused. Apparently some taxes go to Kalamazoo County and some go to the city of Richmond. I don't have
brain damage (really, I don't), and I found that part confusing. At any rate, she missed part of her 2010 payment,
but paid the next year at the office in question, and they never mentioned that she hadn't paid the year before.
They had already quietly sent that bill to be handled via foreclosure.
Written notices were sent out, but mostly not to her. She did not see those that supposedly were sent via regular mail.
She has proof that she never received those that were certified, because they returned to sender unsigned.
The treasurer's office delivered a notice to her house, but did not hand it to her.
Now she may lose her home. If the government sells it, shockingly, they get to keep the entire sale price.
They had one offer for $80,000, although that has now been withdrawn. Maybe they'll sell it for closer to $160,000.
It doesn't matter to her, because she will see none of it. For what began as an $800 bill, the government, by being
inflexible, could reap a 20,000% profit.
So Daily Kos reported on this story on Tuesday here.
I followed Scout Finch/Jen Hayden's link to the story at Fox17 and eventually to here,
where they have a lively comments section and I spoke up for the woman.
I couldn't help myself. I love sticking up for the underdog.
A lively pandemonium throughout their comments section continues.
The commenters who think this is all perfectly proper and fine and dandy haven't identified themselves,
but they sound like government bureaucrats drunk with their own petty power to me.
My thoughts below in italics.
They have disclosed that there are other taxes she has not paid, and even that sometimes she hasn't paid her bills.
Apparently much of this is public record. But for all practical purposes, since most of us don't spend our days
examining public records for other people's names, ordinarily the information remains reasonably confidential.
Lesson, serfs: If you dare to fight us on one issue, we're going to disclose all your secrets.
They have compared her failure to pay her property tax variously to:
- Walking out of a restaurant without paying.
If they find you later, they don't make you stop eating.
- Not paying your medical bills.
They send it to collections, they don't rip your wounds open and take back your antibiotics.
and
- Not paying the water bill.
They shut it off until you pay it, then turn it back on. They don't confiscate your plumbing.
None of these hardrumps have addressed my statements of "sometimes people feel overwhelmed," "government of the people
should be responsive to the people," "have a heart," or even "this is un-Constitutional and excessive."
Here's the 8th Amendment to the U.S. Constitution, copied and pasted from Wikipedia (See, Senator Rand Paul?
That's how you properly cite Wikipedia. Just sayin.):
"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."
But you see, the hardrumps would object, that's the law in Michigan, it's OK because it's legal, legal, legal!!
Really, government, that's not the point. Legal and moral are different. And maybe it's "legal" only because no one's challenged it.
Sounds like a great case to appeal to the U.S. Supreme Court.
So I am not alone over there on Fox17's comments page. It's running about 50/50.
But if you'd like to join in the fun, please go to Fox17
and hop on in.
This blog post isn't only for liberals.
Christians, "as ye have done it unto one of the least of these my brethren, ye have done it unto me".
King James Bible, Matthew 25:40.
Libertarians, help get the government off this woman's back.
Conservatives, the entire Constitution is not the 2nd Amendment. Support the 8th Amendment.
It isn't all about this one woman either. A realtor interviewed by Fox17 stated this happens a lot to the elderly.
They finally finish paying off their mortgages, where the taxes were rolled in,
and don't realize they still have to keep paying taxes.
So if you live in Michigan, please consider doing whatever it takes to change this law.
Thank you.
Also published at
Daily Kos.