High-Volume Debt Collection Firms -- Prone To Mistaken Identity?

July 19, 2010
By Sulaiman & Associates on July 19, 2010 11:05 AM | | Comments (0)

The New York Times has published an article that speaks to the necessity of defending oneself in credit-related lawsuits, regardless of whether you proceed pro se or seek legal counsel.

Some firms, like Cohen & Slamowitz, are filing record numbers of debt-collection lawsuits. According to the New York Times, "The firm filed 59,708 cases in 2005, 83,665 in 2006, 87,877 in 2007 and 80,873 in 2008. . . " How does a firm file so many cases? Often, this is done with the help of legal document preparation software. The problem with doing such high volume is that it is easy for mistakes to be made. In some cases, firms only have the name, address, social security number, date of birth, and amount of debt owed as proof that a debt is, in fact, owed. Some judges are starting to demand more proof. However, this demand is generally only made when an individual contests the debt.

Most debt-related cases are decided upon default judgments. These judgments arise when a defendant simply does not show up to multiple court dates. The time period to issue a default judgment varies by jurisdiction, but it is safe to say that individuals who do not show up to court within 90 days of the first court date are going to be subject to a default judgment.

The take-away from all of this? Don't ignore it if you are served with a summons. Show up to court and ask for time to file and answer, ask for time to hire an attorney, go interview area attorneys and see which is the best fit for you. Sitting back and letting things happen will only work to your detriment.

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