According to the Consumers Union, the nonprofit publisher of Consumer Reports magazine, debt collectors are increasingly taking consumers to court without proof that they own the debt in question, or even that the debt is valid. Consumers Union points to automated software used to file lawsuits by the thousands and the proliferation of “robo-signers” who falsely claim to review and verify debtors’ records before taking legal action. According to cardratings.com. industry insiders expect robo-signers [of affidavits of debt] to take center stage in the credit card industry. A recent article in the Wall Street Journal led with “She died in [...] Read more »
Debt Collectors Cannot Sue without Documentation Part 1
Everyone is entitled to due process in a court proceeding, but consumers fail to challenge the lack of original creditor documents, the phony affidavits, the unsigned undated contracts, and the absence of a junk debt buyer’s proof of ownership of a debt when they receive a credit card debt summons. They do not realize if they cannot pay, they can defend, or simply answer, demanding the proper debt documents from a debt collector, and the plaintiff will give up in court. If consumer debtors only knew how poor the documentation is that is used to support a credit card debt [...] Read more »
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