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Debt Collectors Are Transforming the Business of State Courts

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161–170 of 182 posts

Re: Debt Collectors Are Transforming the Business of State Courts

#161

Earlier quoted context omitted.

I absolutely agree. The whole “college experience” from overpriced textbooks to overpriced dorms is a huge racket. The covid pandemic might really shake things up though if there’s no school starting in the fall though.

I've advised a couple of people looking to go to school to take a gap-year to hedge risk of the schools having their stuff together. If there's anything I've noticed about higher education after working in/with it, its that they're constantly behind the curve in just about everything that's not sports/research related. I would be very scared of having a second-rate experience due to a college (and professors) not bei…

When I was a sophomore in my undergrad degree one of the professors was habitually late. As we were only meeting 2-3 times a week I calculated the dollar value of that lateness as a part of our tuition. People were not happy.

Hopefully at the end of all this we realize that community colleges can teach the majority of a 4yr degree and even have labs already set up.

Re: Debt Collectors Are Transforming the Business of State Courts

#162

Earlier quoted context omitted.

Non-compete law is dependant on the state (it various a lot). In many states non-competes are very enforceable. Search for non-compete enforcement in the states you are interested in. You should find plenty of articles put out by law firms.

Oh, that's all you meant. I thought it was always mentioned under the context of it being unenforceable in a particular state, so that's what I was confused. Didn't even realize there are people who thought they're unenforceable everywhere!

You would be surprised. I think people confuse rarely enforced with unenforceable.

Re: Debt Collectors Are Transforming the Business of State Courts

#163
post #93
post #20

The single largest thing we can do is undo the changes to bankruptcy law signed in 2005, it removed bankruptcy as a tool of the poor to discharge excess debt. It's caused there to be very little downside to lending, and lead to an explosion of debt.

The outcome of that will be that lending standards go up substantially. Significantly higher interest rates and required collateral. The eventual end result is fewer people able to qualify to buy a car, buy a house, get a credit card, or go to college. These are significant drivers of economic activity. It's hard to put the genie back in the bottle.

The genie has been doing a Fred Astaire number in cleats on the head of the sensible-economic-growth genie since about 2005.

Re: Debt Collectors Are Transforming the Business of State Courts

#164
post #95

Earlier quoted context omitted.

What if you don't owe the debt, however you are hit with dozens of summons to show up to different courts for different supposed debts? How is it fair to force a totally innocent person to take time off of work, possibly hire a lawyer, in order to not have a default judgement against them from a shady debt collector?

Sure that aspect of debt collection can be improved and is a clear injustice. How many debt collections are of that nature vs people with real lapsed unsecured debt though? If i had to guess not nearly as many. I'm mostly taking issue with people who are threatened with a default judgment for a real debt but pretend it isn't happening and then turn around and cry abuse by the system.

With identity theft these days, while I’d agree that it’s certainly _less_, I’d contend that it’s not an insignificant number either.

Re: Debt Collectors Are Transforming the Business of State Courts

#165
post #71

Earlier quoted context omitted.

It's pretty fundamental in our society that the court looks at the arguments presented before it. If the claimants make a reasonable case and you have nothing to say about it as the defendant then the court will act on that. The idea is that it stops people coming into the court prejudiced.

This isn't a case where a guy didn't pay his builder and then no-shows at court. These are debts sold at >10% of face, often smallish debts that have accrued massive interest. Some agencies specialise in persistent calling. Some specialise in deal-making. Some specialise in legal proceedings. These are the ones we are talking about. To work, they need to keep legal costs low. They often don't bother to have a case, b…

> To work, they need to keep legal costs low.

But they will absolutely try to claim 4-6 hours of legal work at $275/hr, for mail merging a Word document to send you.

Re: Debt Collectors Are Transforming the Business of State Courts

#166

Many debt collection cases will disappear if the alleged debtor files an answer (in court) to a debt collection complaint. Filing answers is relatively simple and doesn't cost anything. Depending on the jurisdiction, filing an answer basically puts the brakes on the case because it is not worth it for the debt collector to pursue it any further. Their business model is based on default judgments. Eventually, after a…

> I imagine debt relief agencies don't fight because I think many are funded by the credit industry. So they direct debtors into payment plans rather than trying to shut down the predators.

Or they require money up front to help you. They already know you are (likely) a default risk, so “cash in advance, please”. And as you allude to, a lot of times the “real” value in services like this is relief from the stress of the calls and letters. They’re not passionately involved or connected, they just have the calls directed to them and put up with it and give you a settlement offer that you could have reached in the first place.

Re: Debt Collectors Are Transforming the Business of State Courts

#167
post #137

Earlier quoted context omitted.

Forget mortgage interest deductions. Take a look at cash back rewards cards. Cash-using households ultimately end up transferring money to card-using households this way, because merchants don't usually set higher prices for card users to compensate for fees. See https://www.bostonfed.org/publications/public-policy-discuss... I get an average of 1-2% off of almost everything I buy simply because I can use a cash back…

Is there something stopping poor people from getting these cards? I mean sure, if they have bad credit they can't, but I know plenty of poor people with good credit.

Click the link. Read the abstract, at least.

Re: Debt Collectors Are Transforming the Business of State Courts

#168

Earlier quoted context omitted.

In what since is a debt that I am unable to try pursue or collect on a debt? Maybe a concrete example would help.

I just don't agree that you ought to be able to legally go after anyone for more than the principal on things like "consumer" debt.

They generally settle for way less than the principle, credit card debt for one is sold for cents on the dollar (4 to 7 according to this source, though I've heard lower). [1]

I really dislike how when debt collection gets talked about, the debt collectors are the evil ones. Never mind the person who signed a contract to pay x interest in return for y money and didn't pay it back.

[1] https://www.bankrate.com/personal-finance/debt/how-overdue-c...

Re: Debt Collectors Are Transforming the Business of State Courts

#169
post #62
post #20

The single largest thing we can do is undo the changes to bankruptcy law signed in 2005, it removed bankruptcy as a tool of the poor to discharge excess debt. It's caused there to be very little downside to lending, and lead to an explosion of debt.

I'm begging on hands and knees for everyone in this thread to read Graeber's "Debt: the first 5,000 years." The notion that debts have to be paid is very odd. If I went to a bank and asked for a loan to bet on a horse, they'd laugh me out of the building. But if they knew that no matter what they could get the money back from me, they'd cut the check. That's where we are right now with non-dischargeable debts. Who ho…

Would you recommend against the newest addition: Debt - Updated and Expanded: The First 5,000 Year or the 2012 release?

Re: Debt Collectors Are Transforming the Business of State Courts

#170

Earlier quoted context omitted.

In little people law, such as, debt collection, landlord tenant, family law, some bankruptcy/creditor issues, it usually doesn't take much effort to disrupt the volume practitioners. The volume-based attorneys often exclusively practice in one area and rarely face an attorney. The few times I defended people, it really threw a monkey wrench into the process. Unfortunately, there is no money in being a white knight in…

There has to be a way to apply some kind of scaling to this kind of defense..

Not if you must have a lawyer admitted to the State Bar with a three year JD to pay off. Paralegals can do 99% of the work and have a lawyer review it, sign off on it and be liable for documentation but everything but a lawyer or representing yourself in court is illegal in the US.

No bicycles, motor bikes or Hondas. If you can’t afford a Mercedes you can walk.

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