In a July 13, 2010 article, the New York Times laid out an issue that is confronting many Americans today – debt collection practices. It is almost daily that I answer questions on this subject from people who are being hounded by collection companies on debts that they owe. The NYT article really dealt with the overload to the judicial system on the lawsuits that are happening in courts across the country. In many cases, collection companies are using software to hasten the pace of the legal attack on borrowers regardless of their situation or circumstances.
In many states, people are served with a summons regarding the legal step in obtaining collection. In my home state of Georgia, the defendant has 30 days to respond, in writing, to the challenge by the collection group – more often than not a collection agency that has purchased the debt from the original debt company.
One NYT statement that was especially interesting is that most people do not show up in court. In Georgia, many do not respond in writing to the court and address the issue at hand. Without showing up or responding (whatever the necessary action is in your state) you are almost always given a judgement.
The Times highlights one case where a defendant challenged the plaintiff asking if he was the correct person. After some questions from the judge, the case was dismissed. Not all turn out like this one, but if you do not respond or attend the hearing how can you ever defend yourself.
The moral? Realize that many companies are getting very aggressive in collecting debts. Stand up and address the issue. Follow the requirements of your state in responding or attending a hearing. Don’t just ignore and think it will all go away.
