Flawed Credit Card Lawsuits

On August 14, 2012, in Debt collection defense, Debt settlement, by Robbie L. Vaughn, Esq.

Flawed Credit Card Lawsuits

Flawed Credit Card Lawsuits

Debt collectors are not the only ones filing faulty paperwork in an attempt to collect on alleged debts. As was reported in a recent New York Times article, original creditors are also filing faulty paperwork and overstating amounts owed in their credit card lawsuits. However, the article shows that Judges are starting to get wise to this:

The same problems that plagued the foreclosure process — and prompted a multibillion-dollar settlement with big banks — are now emerging in the debt collection practices of credit card companies.

As they work through a glut of bad loans, companies like American Express, Citigroup and Discover Financial are going to court to recoup their money. But many of the lawsuits rely on erroneous documents, incomplete records and generic testimony from witnesses, according to judges who oversee the cases.

Lenders, the judges said, are churning out lawsuits without regard for accuracy, and improperly collecting debts from consumers. The concerns echo a recent abuse in the foreclosure system, a practice known as robo-signing in which banks produced similar documents for different homeowners and did not review them.

‘I would say that roughly 90 percent of the credit card lawsuits are flawed and can’t prove the person owes the debt,’ said Noach Dear, a civil court judge in Brooklyn, who said he presided over as many as 100 such cases a day.

The problem is that the creditor is usually granted a default judgment because the borrower does not show up for court. This typically results in the borrower being responsible for whatever amount the lender alleged was owed in their complaint. The amount alleged to be owed is not always accurate! The same  NYT article states that “The Office of the Comptroller of the Currency is investigating JPMorgan Chase after a former employee said that nearly 23,000 delinquent accounts had incorrect balances, according to people with knowledge of the investigation.” So, as we have stated in the past, it may be a good idea to defend that credit card lawsuit!

The Law Firm of Vaughn, Weber & Prakope, PLLC can assist you with debt settlement and debt collection issues. Call (516) 858-2620 to arrange a FREE consultation with an attorney!

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