Automated Debt-Collection Lawsuits Engulf Courts, 1 judge fights back.

[Liberal_in_LA]

Automated Debt-Collection Lawsuits Engulf Courts

**Judge Noach Dear explained last month how his court operated. He has issued an order requiring one law firm to provide proof of a debt if it is challenged**

As millions of Americans have fallen behind on paying their bills, debt collection law firms have been clogging courtrooms with lawsuits seeking repayment.

Few have been as prolific as Cohen & Slamowitz, a Woodbury, N.Y., firm that has specialized in debt collection for nearly two decades. The firm has been filing roughly 80,000 lawsuits a year.

With just 14 lawyers on staff, that works out to more than 5,700 cases per lawyer.

How is that possible?

The answer to that question is at the heart of a growing debate over the increasing use of the nation’s legal system to collect on bad debts.

Like many other firms, Cohen & Slamowitz relies on computer software to help prepare its cases. While many of the cases represent legitimate claims, critics say the lawsuits are too often based on inaccurate or incomplete information about the debtor or the amount owed.

http://www.nytimes.com/2010/07/13/business/13collection.html?_r=1

[mdmc]

1. They came after my girlfriend for a $1000 debt

The judge was like, "Are you aware that she is on disability and has no other income?"
The ESQ was like, "Let me get back to you."
They decided to dismiss the case and try again some other time.

[Liberal_in_LA]

3. good. I hope they stay away.

[ejpoeta]

5. was this third party collector?

first and foremost, you have the right to have them send you http://www.creditinfocenter.com/rebuild/debt_validation.shtml">validation. do they have the right to collect anything from you?
secondly, if you ask for validation then they are required to provide it. and a bill is not validation. and they cannot continue collection activities until they do. it's called the fair debt collection practices act.

don't just let them walk away. send them a validation letter. make sure you send it registered so you have a receipt showing that you sent it and they received it. this is protection in case they decide to sue you again. some say this is just a way of getting out of paying a debt. that is not true. even if you had a debt with one company, you have no way of knowing if this person or group has any claim to it or right to collect anything. also, there is a statute of limitations on collecting debts and some of these third party debt collectors don't seem to care about that stuff. you have a right to make sure that they have a valid right to anything.

[mdmc]

9. they were unable to verify

my g/f has PTSD. She has lived years of her life in a nightmare/fog that she barely remembers. When she explained this and offered the judge a copy of her updated psych/social, the esq. agreed to dismiss the action at this time (they can always come back - within the statute of limitations..)

thanks for the reply and the heads up info.. peace and low stress..

[saigon68]

2. Like Vultures feeding on dead bodies

Certain Law Firms are Pond scum

[Liberal_in_LA]

4. perfect analogy

[damntexdem]

7. Hey, vultures are good, honest carrion birds. They shouldn't be insulted.

Certainly not by being compared to these 'debt' collectors.

[saigon68]

8. True Vultures are part of Nature's "Clean Up Crew"

[msongs]

6. NO debt should be collectable without a court judgement issued first nt

[mdmc]

10. ..