Another Step Forward in Reining in Debt Collection Attorneys

We’ve often discussed the ways in which debt collectors routinely use the taxpayer-funded court system to cut costs. Essentially, debt collection attorneys file hundreds (or thousands) of lawsuits against consumers in the hope that the consumer won’t show up to defend himself or herself. If that’s the case, getting a judgment against the consumer is a breeze. Judgment in hand, the debt collector can go about freezing a consumer’s bank account, garnishing his or her wages, and the like.

Some debt collection attorneys try to cut costs even further. According to a story in the Syracuse Post-Standard, Cohen & Slamowitz filed a lawsuit in Syracuse City Court against a consumer who didn’t even live in Syracuse. The reason? The story speculates that it’s cheaper to file lawsuits in upstate New York than it is in New York City or Long Island. However, the law says that a suit must be filed in the consumer’s judicial district. That could mean the consumer’s local court or the New York Supreme Court.

The consumer filed suit against Cohen & Slamowitz, who were collecting on behalf of Midland Funding, saying that the debt collection lawyers violated the Fair Debt Collection Practices Act. The U.S. District Court dismissed the suit, but a federal appeals court found that the term “judicial district” meant “the municipal court where the debtor actually lives or the state Supreme Court for the county of residence.” The appeals court said that the consumer’s lawsuit could move forward.

Pulling the Curtain Back on Debt Collection Lawsuits

The New York Times published a phenomenal article on a disturbing debt collection trend: at a time when taxpayer-funded court systems are trying to do more with less, debt collection agencies are stressing the burdened justice system with sometimes frivolous lawsuits against consumers. Andrew Martin reports that Cohen & Slamowitz, for example, file around 80,000 lawsuits each year.

Martin crunches the numbers, and determines that the average number of lawsuits filed per Cohen & Slamowitz lawyer is 5,700 – an astronomical number that is only made possible by automating the process using computer software. The result is that numerous cases are filed on the basis of a law firm having only the consumers, name, address, and alleged amount owed.

Martin reports that this approach is problematic on a number of levels, in that the wrong person may be named in the suit, the amount owed may be incorrect, and the plaintiff in the lawsuit may not even legally own the debt. Unfortunately, in a large number of cases, the consumer isn’t represented by an attorney, or doesn’t appear in court to defend him or herself, and judges have no choice but to rule in favor of the debt buyer.

The article also discusses some states’ efforts to curb debt collection lawsuit abuses by forcing debt collection attorneys to provide further substantiation of the debt, and the pushback by the debt collection industry.