Home -> Law Blog Directory -> Consumer Law Blogs -> ThePopTort
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Consumer Law
: ThePopTortWhat?s Clogging the Courts? Debt Collections, That's What
By Joe Consumer
Two Minnesota legislators announced yesterday that they will
be introducing legislation to deal with ?a growing public concern --
highlighted in a continuing Star Tribune series, ?Hounded? -- that debtors are
being sued for money they don't owe and, increasingly, jailed when they fail to
appear in court.? Apparently
the paper found that ?use of arrest warrants against debtors jumped 60 percent
in the past four years, with 845 cases in 2009. Some debtors who were arrested
said they were unaware they had been sued for their debts and were required to
appear in court.?
The report ?recommended that state governments toughen laws
to reduce the number of unsubstantiated lawsuits against debtors. It called on
states to require collectors to offer more proof of debts in their lawsuits,
and to curb suits over debts for which the statute of limitations has expired.?
In addition, ?The Commission vote to issue the report was
5-0. Commissioner Julie Brill issued a concurring statement in which she urged
Congress to enact a temporary ban on the mandatory arbitration of consumer debt
collection disputes. ?Such a ban should remain in place until the arbitration
process can be shown to be fair, transparent, and as affordable as traditional
litigation, and until consumers have a meaningful opportunity to opt out of
pre-dispute arbitration without losing access to the credit services they
seek,? she said.?
The Minnesota lawmakers have been pushing this issue for
years, and believe ? hopefully ? that the FTC report will ?strengthen[] the
case for changing the law."
Also incredibly, the New York Times reported that debt
collection law firms have been clogging the courts with these lawsuits.
The litigation boom has been propelled by fundamental changes in the way debts are collected, particularly for credit cards.? Collection law firms are able to handle such large volumes of cases because computer software automates much of their work.? Once the data is obtained by a law firm, software like Collection-Master from a company called Commercial Legal Software can ?take a file and run it through the entire legal system automatically,? including sending out collection letters, summonses and lawsuits, said Nicholas D. Arcaro, vice president for sales and marketing at the company. ? Most consumers fail to show up in court, and those who do rarely have a lawyer.
?
Lawsuits are sometimes filed against the wrong people, critics say. Other times, they say, the amount owed is incorrect or includes questionable fees and interest that has been added to the balance.
So while debt collections are skyrocketing, personal injury
lawsuits continue to drop.
Full post as published by ThePopTort on July 14, 2010 (boomark / email).
The Mortgage Forgiveness Debt Relief Act
Phantom Income Relief on Debt Cancellation
Collection Agencies and Creditors
How to deal and stop the harassment
Selection of State Supreme Court Judges
How State Court Judges are Selected
Bankruptcy Law
A complete prime (pre-2005)
The Paulson Toxic Mortgage Debt Security Act: The Biggest Government Bailout of All Time
Legislative Proprosal for Treasury Authority to Purchase Mortgage-related Assets
Emergency Economic Stabilization Act of 2008
Bailout Bill HR124
Creditor Debt
Trophy Resources agrees to $600,000 debt settlement.
Bankruptcy
helping to get you out of debt.
Mel Harris and Associates Debt Collection
Face Class Action for Alleged "Sewer Service" Practices
AireSurf Networks Holdings Inc.
$23,147 debt settlement made by issuance of 115,735 common shares.
Too Much Debt
Titan Oil and Gas to pay $179,477 settlement in financial lawsuit.

Chicago Court System a "Frenetic Debt Collections Machine"
Courts - "Cook County Circuit Court has been turned into a frenetic debt collections machine"
Fair Debt Collections Practices Act - a Primer.
Surge in repossession orders clogging up the courts
Digital Image Collections on the Deep Web









