[Michlib-l] difficult overdue cases

Maureen Derenzy mderenzy at otsego.org
Wed Sep 5 16:48:51 EDT 2018


Hello,

Has any other Michigan library used the services of their county prosecuting
attorney to send a warning letter to patrons who could be at risk of being
charged with a misdemeanor for a high volume of unreturned materials?  We
were advised by one lawyer to NOT turn over patron information to police or
the prosecutor - even if they are willing to assist.  The reasoning was that
although libraries make collection agencies an agent of the library to allow
them to provide patron information, it could be more delicate under the
Michigan Library Privacy Act to make law enforcement an agent of the
library.  We would not need to provide the titles for the letter - just the
patron's name, address and replacement cost of unreturned items.  

 

We do not have enough volume to make it cost effective to contract with a
collection agency.  We took one patron to Small Claims Court to get
restitution (through a garnishee order) for unreturned MeLCat items, but it
was a lengthy and costly process.  

 

Thanks for any thoughts you can share,

Maureen

 

Maureen Derenzy, Library Director

Otsego County Library

700 S. Otsego Avenue

Gaylord, MI  49735

(989) 732-5841 x15

mderenzy at otsego.org

 

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