ABA Journal


National Pulse

Attorneys push for change in debt collection

May 1, 2013, 08:20 am CDT


I’m interested in any comments from your readers representing both sides of this issue…

By Sherri S. Kosches on 2013 05 11, 2:29 pm CDT

Affidavits typically cannot overcome the best evidence rule.  In states where an assignment must be in writing, the best evidence rule should trump an affidavit authenticating business records for the business records exception.

In my experience, having handled a number of these cases, Plaintiffs (1) don’t have the documents to prove it under my state’s laws and (2) don’t bring witnesses to court.

As for gutter (or sewer) service, it doesn’t happen much in my jurisdiction.  I’ve had less than 1% of my cases have service issues.

By John on 2013 05 13, 3:31 am CDT

Wow, I know quite a bit about credit and collections since its a big part of my service for my clients and just helping people who visit my blog (futureficocreditrepair), but I learned something new here and its disgusting (writ of body attachment and service only by mail okay? - Outrageous!).  However, I’m wondering, what changes are attorneys pushing for other than changing summons service to in person and licensing/bonding in Maryland?  Federal laws need to be more protective for consumers and penalties for these law breaking collection vultures should be raised and set up differently.  FDCPA and FCRA violations have so many restrictions for consumers to get compensated for collector’s abuse that it is sometimes hardly worth it for them to sue.

Can I please repost this on my blog?  It is really great information.  Moderator, please email me for permission and directions for how you would like me add it. Thanks.

By Shannon on 2013 05 15, 1:51 am CDT

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