September 2015

Junk Justice Update: Maryland Debt Buyer Filings in 2012-2013

In Junk Justice, I wrote about statistical outcomes of lawsuits filed by large debt buyers in Maryland.  Based on my study, the years 2009-2011 had a combined total of over 121,000 cases filed by the sample group of large debt buyers in the District Court of Maryland. But now, the picture is different.  We see a consolidation in the industry, and a drop in the number of filings.

Read More »Junk Justice Update: Maryland Debt Buyer Filings in 2012-2013

Defective Debt Buyer Affidavits and the Lack of Data Integrity: Other People’s Records (“OPR”) are Not “Business Records” of Midland Funding

Barry Stimpson, like so many other Americans, was sued by Midland Funding, LLC. Midland  claimed that it had bought a debt Stimpson owed to Capital One. Midland tried to prove that Stimpson owned it money with three affidavits. The District Court of Canyon County, Idaho, found that these affidavits were insufficient. The court’s decision merits reading for its clear and full analysis of the law of evidence as applied to debt buyer affidavits.

Read More »Defective Debt Buyer Affidavits and the Lack of Data Integrity: Other People’s Records (“OPR”) are Not “Business Records” of Midland Funding

Consumerist: Consumers Trapped Into Paying Debts They Don’t Owe

Ashlee Kieler at Consumerist writes about the dilemma of being forced to pay a debt that is not owed:

Imagine receiving a phone call that 25% of your wages are going to be garnished because of a credit card account opened 14 years earlier that was never paid off. Making things worse, you know you didn’t have a credit card from the bank in question at that time, so it can’t possibly be your debt. This should be an easily remedied error, but not if a court has already granted a default judgment against you, making you responsible for paying back money that you didn’t owe and didn’t find out about until it was too late.

Read More »Consumerist: Consumers Trapped Into Paying Debts They Don’t Owe