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SKL
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A library has sent my 7yo to collections over a couple of grown-up, foreign-language videos taken out from a branch we have never been to.  I have her library card in my possession, so that means someone did some sort of forgery (or possibly even an honest typo) on the computer, and the library gave them the materials despite the fact that they are obviously not my 7yo daughter.  I got the overdue notice and informed the library via phone and email that we never took out those materials.  They said let's wait and see if someone returns them before we make a stink about it.

 

So now I am getting letters and phone calls from a collection agency.

 

I called the library and the woman says the only way to get this cleared is for me to file a police report.  If I don't, they say they will keep it on her record and after she turns 18, they will put it on her credit record.

 

Then they said I'd better make sure the police report has the all the right info on it, or their security department won't accept it.  So I said what is the right info, and she said she doesn't know, that's up to me to figure out.

 

WTH!  I don't have time for this cr@p and this should be their problem for giving out materials to people without checking to see if they bear any resemblance to the owner of the card.  How can they hold a kid responsible for the rest of her life for something she obviously did not do?

OK, so this is a rant, but does anyone know of this is even legal?

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Wow. I know that I had to sign a paper that I would be responsible for the fines of my kids' cards. So they would not go after the child, but the parent.

 

I would file a police report and follow up with copies sent to all the higher ups at the library with a formal complaint. I would also probably inform the city of a security breach at the library. They have quite a bit of information to steal.

 

Sorry you have to deal with this.

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I hadn't even thought of filing a complaint.  Good idea.  This is ridiculous.

 

I don't even know what date the items were withdrawn at this point.

 

I think what might have happened was that we were at he library late and may have forgotten to log out after doing the self-checkout.  But that wasn't even at the same library.  So weird.

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Check the library policies online. I would go in person with the notice rather than calling, and go to the branch near you. They should at least give you the contact info for their "security department" so you can call and get what you need for a police report. Some PDs have online report filing capabilities, which could minimize the time suck.

 

I don't know the answer for sure, but the idea that they could hold a report for 11 years is suspect. Find out the answer and keep going higher up. The library employees are paid by YOUR tax dollars. Remember the name of the rude lady and include it in your paper trail.

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That is absolutely ridiculous!!! And they can't apply the information to your 7yo's credit report when she turns 18. That is crazy talk and it sounds like someone was trying to scare you.

 

I have never heard of anything like this, but I think you should make an appointment to meet with the director of the library and explain exactly what's going on. The whole thing is absurd and makes no sense at all.

 

No one files a police report for lost library materials. It's not like someone stole them out of your car or anything like that.

 

Someone clearly made a mistake somewhere along the line and there is no reason you should be punished for it. I assume you have a good record with the library, so once you speak with someone in authority, he or she should be able to straighten this out for you.

 

(And did you notice that I used "he or she" instead of "they?" I did it in case your 7yo happens to read this thread. I still think it's cool that she's so precise! :))

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The library lady mentioned (after we went back and forth a few times) that they have a problem with teenagers using other people's info to order materials fraudulently.  So doesn't that mean they are aware of this problem and it's not my problem?

 

Who has time to go fool around at some strange library (or police department) over this stuff?  This isn't even our library system that we go to.  It's another library in the same county which we never go to.

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Yeah you figure credit reports don't tend to hold onto any info past around 10 years.  So they are supposedly going to let this sit for 11 years and then report it?  Who has that kind of stamina? LOL

 

I would bother to file a police report though.

 

I don't think the employee meant the child's credit report but her library card record.  Every library system is different, so it's possible this one could retain a record of the collection for that long.

 

That is absolutely ridiculous!!! And they can't apply the information to your 7yo's credit report when she turns 18. That is crazy talk and it sounds like someone was trying to scare you.

 

This is very likely.

 

 

No one files a police report for lost library materials. It's not like someone stole them out of your car or anything like that.

 

 

 

No but collection records and library fines are linked to local PDs in some areas of the US:

http://www.wafb.com/story/21595256/overdue-library-books-pay-the-fine-or-you-could-be-arrested

http://www.politico.com/story/2013/12/library-books-jail-time-101571.html

http://latimesblogs.latimes.com/jacketcopy/2012/06/woman-arrested-for-overdue-twlight-library-book.html

 

 

I don't know the answer for sure, but the idea that they could hold a report for 11 years is suspect. Find out the answer and keep going higher up. The library employees are paid by YOUR tax dollars. Remember the name of the rude lady and include it in your paper trail.

 

Just a pet peeve.  Tax dollars go to local municipalities not directly to libraries.  Those municipalities have a general fund for which only a portion of the total revenue is given to libraries.  So a portion of your tax dollars do pay for library employee salaries.  But usually it's not as much as most people would think.

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The library lady mentioned (after we went back and forth a few times) that they have a problem with teenagers using other people's info to order materials fraudulently. So doesn't that mean they are aware of this problem and it's not my problem?

 

Who has time to go fool around at some strange library (or police department) over this stuff? This isn't even our library system that we go to. It's another library in the same county which we never go to.

Did you speak with the director of the library, or just someone who answered the phone? The only reason I'm asking is that the things the woman said to you simply don't make sense, and they don't sound like the words of an experienced administrator.

 

I think you need to go higher up the food chain, and if your next phone call doesn't get results, I think you should start communicating with them via certified mail so you have a record of everything. I wouldn't even think about dealing with the police. No one stole anything from you.

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Who has time to go fool around at some strange library (or police department) over this stuff?  This isn't even our library system that we go to.  It's another library in the same county which we never go to.

 

I'm confused.  Are these two libraries with in the same system (as in two branch libraries apart of the same city or county system) or is one a city library and the other a county library?

 

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I would take it seriously. My husband's credit report showed that he had an unpaid Mervyn's card taken out when he was 9 (NINE) years old and was sent to a collection agency. After countless letters and calls we just had to wait for it to drop off his credit report. However, it was gone then appeared again, and now has disappeared after 10 years since we first noticed.  We call it "zombie debt" because it kept rising from the dead.

 

Our library can be hard to work for. I went with my 13 year old nephew to the library so that he could do research for a school report. My sister-in-law said that they owed money on some books. I tried to pay the fine and they wouldn't let me. I didn't want it to go to collections. They kept saying the library account was confidential. I kept saying that I didn't want to see what was checked out I just wanted to pay money on the account. They refused to take the money. After 10 minutes of arguing with them I gave up. 

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How about reporting, not the missing foreign language material, but the library for filing a fraudulent collections claim.  That can't be legal.

 

Why can't it? There's a library record to indict that the library items were checked out.  Library policies normally state that the holder of the card is responsible for any item checked out on it.

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One thing you might do is go and physically look for the book yourself. They don't always get checked back in properly, and staffers don't always physically look for them on the shelf even when they say they do. You shouldn't have to do this, but if its sitting on the shelf, it solves the problem. 

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As with many here, I agree, take this up with the higher ups in the library and make it clear you are considering filing a formal complaint, as well as probably file the police report...but do research on your legal rights and the details of the library policies that can affect you and your 7 year old child before you do.  Many people start tossing about terms to scare people when they haven't a genuine clue, but even though this is a pain, there are a lot of situations that seem like they should be minor but end up blowing up in your face.  

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Ă¢â‚¬Â¦ make an appointment to meet with the director of the library and explain exactly what's going on. Ă¢â‚¬Â¦

:iagree:

 

As with many here, I agree, take this up with the higher ups in the library Ă¢â‚¬Â¦

:iagree:

Definitely meet with a manager, director, etc., and not with the clerk at the desk. The libraries I go to don't even have librarians out in the public part of the library. A clerk probably will not have any authority to help you out. Hope you can get this straightened out quickly.

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The library lady mentioned (after we went back and forth a few times) that they have a problem with teenagers using other people's info to order materials fraudulently. So doesn't that mean they are aware of this problem and it's not my problem?

How is this happening, do they know? I would request a meeting with the head person at the library. If I didn't get a satisfactory answer, then I would call the city and/or complain at a city council meeting.

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The library lady mentioned (after we went back and forth a few times) that they have a problem with teenagers using other people's info to order materials fraudulently.  So doesn't that mean they are aware of this problem and it's not my problem?

 

 

 

 

Why can't it? There's a library record to indict that the library items were checked out.  Library policies normally state that the holder of the card is responsible for any item checked out on it.

 

 

Because they have already stated that they know all their records are not correct.

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Because they have already stated that they know all their records are not correct.

 

But as of right now, there's no way to prove SKL didn't check out those materials and is simply claiming to not have them.  Without speaking to a library administration level, the "library lady's" comment could just be rumor.

 

(SKL, I'm not saying the above is true. I'm just using it as a devil's advocate comment.)

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But as of right now, there's no way to prove SKL didn't check out those materials and is simply claiming to not have them. Without speaking to a library administration level, the "library lady's" comment could just be rumor.

 

(SKL, I'm not saying the above is true. I'm just using it as a devil's advocate comment.)

:iagree:

 

I think we all agree that SKL doesn't have the materials, but she needs to convince the right person that the library is in error.

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First call your credit card company and talk to them about whether such a thing could be forwarded 11 years and put on someone's credit card. I think not.

 

Then I would go speak with the director of the library and request that someone from the library's security team be present also to discuss the problem. I would emphasize that 1)the library has a serious breach in their data security system, 2)you have never been to this branch, 3)the items are in a foreign language no one  in your home speaks, 4)they were checked out by someone who was not the card holder (even credit card companies have procedures in place to deal with fraudulent users that do not penalize legitimate card holders), 5)ask whether the library can prove that items were indeed checked out by your child and not just someone using her number, and 6)that Mary Jones, the librarian with whom you spoke on the phone threatened you with collections and also threatened that this debt would follow the child and be put on her credit card when she turned 18. I would then ask specifically that the library remove this from your child's card and the family's record. If they give you any resistance, politely thank them and get their full names and positions. No threats, cajoling or promises.

 

Then go to the city commissioners, city council, or whoever approves the library's budget and request a meeting with them. If necessary, bring it up at a public meeting. But go over the same issues and ask them how the library can justify such poor security with personal information and indicate that you would greatly prefer to not have to get an attorney and drag the library through an expensive court case to prove that which is obvious.

 

If you do not receive satisfaction from the supervising agency, contact the local media (print and television news). They love things like this, especially where an innocent child is involved. Make sure they understand that if your child's account can be compromised, none of the data from any of the library patrons is safe.

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This has gotten way overcomplicated. LOL. 

 

Negative marks can't remain (obviously there are exceptions like bankruptcies and judgements) for longer than 7.5 years. Your kid will still be a minor even IF it gets reported and even IF you have to wait for it to fall off. 

 

All three of the major credit reporting agencies have a way for you to request your minor child's report. Do that. 

 

If it shows up on her report as an adult, send the collection agency a FOAD letter. 

 

Aren't you an attorney? LOL. Surely you must know the legalities of this, or if not, where to look. 

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I'm confused.  Are these two libraries with in the same system (as in two branch libraries apart of the same city or county system) or is one a city library and the other a county library?

 

 

My library cards are with the county library.  There is a big city in our county that has its own library system, separate from the county library.  But they let folks use either card to borrow books.

 

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While I get that it's a hassle, you might as well deal with the issue. It's not like stuff like this gets better by ignoring it.

 

I was recently harassed (I mean, calls every 10 minutes, and abusive calls at that) by a debt collection agency for my mother's debts. I have no relationship with her, and yet they found my unlisted number. 

 

Talk with your state's AG's office. They should have a consumer protection division. File a complaint with them. If you're a lawyer, look at the consumer protection statute in your state. Since she's a minor, well... can they even try to collect a debt from her?

 

Raise holy heck with the credit reporting agencies, you can contest inaccuracies on the report. 

 

I would work out a plan with dealing with the collection agency. Are you going to block their calls? Threaten legal action? Send a cease and desist letter? 

 

 

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To clarify, I got a call (voice mail) from the collection agency, and they gave me a number to call at the library.  I called that number and got the person who is supposedly in charge of these matters, at least as far as taking calls from people like me.

 

Her stated concern is that if they write off the charge, the auditors will demand documentation as to why it was written off.  She insists that the documentation has to be a police report with the right kind of information (whatever that is).  She said I should get a police report and send it to her, then she would send it to the security department, and after two to four weeks, they would decide if they would write it off.

 

They aren't trying to put anything on my kid's credit record now, because she said they don't do that to minors, but they would do it 90 days after her 18th birthday if she didn't resolve the problem by then.

 

This evening at dinner, I told a friend about this.  She said she knows the president of that library system and she wants to talk to him about it.  So we'll see what happens.  I'm still debating whether it's worth filing a police report.  I guess it's a sort of credit card fraud.  I just never thought of my kid's library card as a credit card before.

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Funny, I always told kids that library cards are like credit cards. Only you should use it, you should protect it and report it if lost, and you won't be able to do as much at the library without it.

 

I would speak directly to the library director or head about the matter.

 

With my credit cards, I check online periodically to make sure there are no freaky charges (and so far there never have been).  I never thought that necessary with the library cards.  I mean, who would go through all that to steal some library materials?  But I know better now.  I suppose I need to start following this stuff on my online library account or something.

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Tangential anecdote: My library leave holds where anyone in the public can access then. I recently learned of a patron who would take a holds that other patrons requested (all DVDs) burn a copy on his laptop and then return the DVD to the hold shelf. After various missing holds that the original request or stated couldn't be found, it was learned what he was doing.

 

People in public libraries are capable of all kinds of random acts. As many libraries have ways to access your account online, it's important to check from time to time that your account is correct.

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Just a pet peeve.  Tax dollars go to local municipalities not directly to libraries.  Those municipalities have a general fund for which only a portion of the total revenue is given to libraries.  So a portion of your tax dollars do pay for library employee salaries.  But usually it's not as much as most people would think.

 

Tax dollars in El Paso County, Colorado go *directly* to the library.  I know this locality specifically, because I used to pay property taxes.  I can see the current tax record on my former home shows that the current owners' taxes included a payment of $79.60 to Pikes Peak Library District. 

 

It varies in Colorado, apparently, based on locality.  I lived in another county where I see a breakdown but the a separate library fee is not included.

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Tax dollars in El Paso County, Colorado go *directly* to the library. I know this locality specifically, because I used to pay property taxes. I can see the current tax record on my former home shows that the current owners' taxes included a payment of $79.60 to Pikes Peak Library District.

 

It varies in Colorado, apparently, based on locality. I lived in another county where I see a breakdown but the a separate library fee is not included.

I wish more places were like that. Here, special library taxes that must be voter approved are ways around not having to fund the library from the main city or county budget.
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So I went online and looked up my kid's account, and it says she doesn't have any books out, and I can't find the history but it says she has a fine of $15.  All this over a $15 fine?

 

I guess this means that whoever took out the stuff in her name returned it?  Maybe it really was just an honest mistake?

 

I guess I will call the specific library branch on Tuesday and see what their records say.

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I would also, if it does look like you really do have to go to higher ups, write down your issues, concerns, complaints, etc. in a formal letter and bring someone else as witness to the meeting.  A written letter carries more weight than just a phone call and provides a paper trail that a phone call or face to face meeting does not.   So sorry you are having to deal with this...

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So I went online and looked up my kid's account, and it says she doesn't have any books out, and I can't find the history but it says she has a fine of $15.  All this over a $15 fine?

 

I guess this means that whoever took out the stuff in her name returned it?  Maybe it really was just an honest mistake?

 

I guess I will call the specific library branch on Tuesday and see what their records say.

Oh, hopefully you can resolve this really quickly, without a lot of steps involved.  Good luck!  I agree with PPs though, you might want to cancel the card and get another one?  Just in case?

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To clarify, I got a call (voice mail) from the collection agency, and they gave me a number to call at the library.  I called that number and got the person who is supposedly in charge of these matters, at least as far as taking calls from people like me.

 

 

Are you sure this is not a scam?  You know, where you call the number they gave you and you have someone from the "library" use scare tactics on you to get your financial information?  I would actually call or go to the library using their publicly posted numbers.  

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Are you sure this is not a scam?  You know, where you call the number they gave you and you have someone from the "library" use scare tactics on you to get your financial information?  I would actually call or go to the library using their publicly posted numbers.  

 

The phone number is consistent with what is posted on the library's website.

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A library has sent my 7yo to collections over a couple of grown-up, foreign-language videos taken out from a branch we have never been to.  I have her library card in my possession, so that means someone did some sort of forgery (or possibly even an honest typo) on the computer, and the library gave them the materials despite the fact that they are obviously not my 7yo daughter.  I got the overdue notice and informed the library via phone and email that we never took out those materials.  They said let's wait and see if someone returns them before we make a stink about it.

 

So now I am getting letters and phone calls from a collection agency.

 

I called the library and the woman says the only way to get this cleared is for me to file a police report.  If I don't, they say they will keep it on her record and after she turns 18, they will put it on her credit record.

 

Then they said I'd better make sure the police report has the all the right info on it, or their security department won't accept it.  So I said what is the right info, and she said she doesn't know, that's up to me to figure out.

 

WTH!  I don't have time for this cr@p and this should be their problem for giving out materials to people without checking to see if they bear any resemblance to the owner of the card.  How can they hold a kid responsible for the rest of her life for something she obviously did not do?

 

OK, so this is a rant, but does anyone know of this is even legal?

 

Are you living in the States? I highly doubt this is legal. Sounds like a scam to me. Go to the library branch and speak with the librarian.

 

 

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Are you sure this is not a scam? You know, where you call the number they gave you and you have someone from the "library" use scare tactics on you to get your financial information? I would actually call or go to the library using their publicly posted numbers.

Honestly, I thought the same thing. If a debt is with a debt collector it has to be paid to them, not the original place where you incurred the debt. I found this out when I was sent to collections for a $25 service fee I incurred at my midwives that I didn't know about. Tried to pay midwife and was told about this rule.

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Honestly, I thought the same thing. If a debt is with a debt collector it has to be paid to them, not the original place where you incurred the debt. I found this out when I was sent to collections for a $25 service fee I incurred at my midwives that I didn't know about. Tried to pay midwife and was told about this rule.

 

This is not necessarily the case. Collection laws can vary by state. The library where I worked had a contract with a company which would pursue fees for material which were never returned ($20 minimum). Even our antiquated library computer system ('80s, not kidding) would accept payment (cash only!) and change a specific code, which would then alert the collection company from taking further action.

 

 

OP:

 

Under federal law, you can request the collection agency prove you owe the money.  You must contact the company, in writing, within 30 days of the original notice.  See more info here.  I know this is a pain in so many ways, but do it once and protect yourself.

 

We all know that libraries can mess up records (more on that below).  However, is there any chance you did borrow these materials, using your dd's card, perhaps from another library?

 

I would also talk to the library director and be very polite.  Tell them that "we all know there is a problem" with books being returned or checked out on other accounts, and that that is what happened here.  Tell him that neither you, nor anyone else in your family (tell him the ages of your kids so the director can see they did not go to the library alone), checked these materials out, and that you did not lend your card to anyone, it's never been out of your sight.  (I am assuming that all of these things are true.)  Ask him what **he** will do to remedy the situation.

 

I do not believe a 7 yo can enter into any kind of contract.   When you signed her up for the card, you surely assumed responsibility for her use of the card. I'm surprised they are not threatening your credit.

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We all know that libraries can mess up records (more on that below).  However, is there any chance you did borrow these materials, using your dd's card, perhaps from another library?

 

Nope.  The last time I borrowed a DVD from a library it was a Barney ABC when my kids were tots.

 

And I have never borrowed one single thing from the city library that is fining me, not since many years before my kids were born.

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And if this isn't solved easily enough and the library continues to be difficult, I'd called the local new stations and give them a great personal interest story about a little kid and the library. Surely the newsies would eat it up and I suspect the library would take care of it rather quickly with a call from a journalist. ;)

 

(Oh, sorry! Didn't see the PP before I wrote/posted mine.) :)

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If you live in a city large enough to have a Public Library, your city also has a Mayor. Call the office of the Mayor, Monday, and ask for his/her office. If you speak with his/her Secretary, the Secretary will then contact the Library Administrator, that person will assume that the Secretary was instructed by the Mayor to call, and this will get resolved. If not, contact your local TV  station and maybe they will pick up on the story. This would be a good story for a Fox News station, if you have one in your city. You and your kid are being abused by your city. Fight back!  GL

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Go straight to the top. Libraries are municipal institutions and there is someone in charge of them at the local/county/state level. I would send a well reasoned, kind but factual letter and include copies of all important documents (and maybe even a sweet pic of your innocent looking daughter).

 

In the letter I would confirm my full understanding of library policy and my concern for the lack of provision for cases of identity theft. I'd send the letter certified, return receipt requested to a specific individual at the top of the library administrative chain. Of course keep copies of everything.

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I don't have any advice about the specific fine and situation. However, I think there are a couple of basic attitudes that libraries can have. One, they can be open and want patrons to use as many resources as possible and forgive whenever possible in order to encourage use. Two, they can be suspicious of patrons, strict with resources, and generally have an attitude that people should work for their services.

 

If it were me, I'd be writing the library and local politicians to ask that it be the first kind. Some libraries don't even have fines. Some libraries do as much as they can to get more users and provide the things the community really needs. That's the kind of mission I'd be pointing out that they seem to have strayed from when they're sending collection agencies after young children for what is very little money all things considered.

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I don't have any advice about the specific fine and situation. However, I think there are a couple of basic attitudes that libraries can have. One, they can be open and want patrons to use as many resources as possible and forgive whenever possible in order to encourage use. Two, they can be suspicious of patrons, strict with resources, and generally have an attitude that people should work for their services.

 

If it were me, I'd be writing the library and local politicians to ask that it be the first kind. Some libraries don't even have fines. Some libraries do as much as they can to get more users and provide the things the community really needs. That's the kind of mission I'd be pointing out that they seem to have strayed from when they're sending collection agencies after young children for what is very little money all things considered.

All of this.

 

OP, this probably won't help much, but but around here they don't send you to collections, they issue a citation, require you to show up in court and failure to do so (or inability to pay) will mean a trip to the county jail. According to state law it's a Class A misdemeanor. Sometimes I think we've gone a bit off the deep end when it comes to libraries.

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