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Debt collection lawsuits clogging East Tennessee court dockets Save Email Print
Posted: 5:41 PM Aug 4, 2008
Last Updated: 6:00 PM Aug 4, 2008

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KNOXVILLE, Tenn. (WVLT) -- There's hard evidence of how much the economy is hurting all of us, and you can find it down at the courthouse.

People who owe money and fall behind on payments are being sued in record numbers.

Six months ago the numbers looked bad, but now, the court tells us, the problem has grown.

But even if you fall way behind on your bills, those who make their living collecting debts say there's an easy way for you to avoid getting sued.

It's one the busiest courts around, and it has nothing to do with crime. General Sessions Civil Court is the most likely place to sue people who owe money. It's a sign of the times, and on Monday alone there were 315 cases on the docket.

Chief Deputy Clerk Tim Wheeler says, "We have just sort of exploded I guess you would call it."

Court records indicate the explosion is fueled by everything from tenants who don't pay rent to people who fall behind on bills. When ends don't meet, something has got to give.

Deputy Wheeler says, "We are seeing a lot more credit card collections where people will have a balance of a couple of thousand dollars and they just quit making the payments. I don't know, they've lost their job, they're trying to make the house payment and they're just trying to figure out where they can cut."

The numbers tell a powerful story. If you compare the first six months of this year to the same period last year, civil warrants are up 21 percent, landlord/tenant cases increased 14 percent, and petitions to pay, filed by people who've already had their pay garnished, are up 32 percent.

Debt collection attorney Rick Conrad says, "There seems to be more of an attempt to just close their eyes and just hope the thing will go away."

But people in the debt collection business say it doesn't have to be that way. Companies that sue to get money would rather avoid the trouble and expense of taking you to court, if you give them a choice.

Conrad says, "If the debtors would work with the creditors, call them, communicate with them, explain to them their situations, they'd find probably that most of the creditors would be willing to set up payments, defer things, delay matters, as long as there are open lines of communications."

The vast majority of debt collection cases are settled without a trial, though that often happens after everyone shows up to court.

With 300 or more cases to get through, the court day that begins at nine in the morning often goes non-stop until late afternoon or even early evening.

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Posted by: Christy Location: Nashville on Sep 9, 2008 at 09:29 PM
It's funny. You weren't complaining about these credit card companies when you were using their money to make purchases. These companies have to pay real money to real people for everything you buy. Of course they want their money back. Even when a debt is charged off or sold it's still a financial loss that has to be recovered. Debtors who end up in court are there because they ran up thousands of dollars of debt and have shirked their financial responsibilities for years. If you borrowed that money, you should pay it back. It's as simple as that. Oh, and please don't give legal advice if you're not a lawyer. I've looked at every one of these statements and they contain incorrect advice or incomplete information, and that's hurtful to people who take inspiration from your words. By the way, I'm a licensed attorney - not a self proclaimed attorney from the hood - so I know the difference between the bad information you're giving and real, helpful legal advice.

Posted by: Chokora. Location: Bowie on Sep 5, 2008 at 09:31 PM
Debtors continue to get default judgements from courts across the because they do not know their rights. Collectors usually target poor and low income citizens who cannot afford a lawyer and due to desperation, do not care what they do to their lives. I was one of them. But after being sued two months ago, I made public libraries and the internet my new found love. Today, and with a few days remaining for the trial, the collectors have started backing off because they have never seen a sleeping lion from the savannahs wake up and roar. As poor as I am but college educated, I have become a new "attorney" from the hood. Asking for anything, everything. First, ask for debt validation,and if they dont respond within 30 days, file for motion to dismiss. Do not succumb to threats. Fight! Fight until you cant fight no more. If you dont and they win, they will buy your other unpaid debts.So you have no choice.In 98% of cases,they have nothing to proof depending on the age of your debt.Fight!

Posted by: Arnold Location: Knoxville on Aug 6, 2008 at 12:02 AM
The reality is that most of the credit card debt has already been written off by the company with whom the consumer originally had the credit card. Now the lawyers take that worthless paper and use it to make money off people who have run into hard times. If the original creditor has written off the debt, why is it that we allow others to chase down the debtor and claim the money? Sure, they paid 5 cents of the dollar for it and then demand full payment plus interest (that really seems fair). I think it has something to do with most people in Congress being lawyers or heavily financed by them (just look at the recent “adjustments” to the bankruptcy code).

Posted by: John Location: Denver on Aug 5, 2008 at 10:27 AM
It is an unfortunate reality of the state of the country at this point. Most creditors and attorneys do not try and slip by on legal loopholes, even when the consumer chooses to ignore a summons most courts require evidence of the debt before entering into a default judgment. The sad reality is that people just do not care! They live way above there means rack up astronomical credit card debt and then don’t understand why they cannot get out of Debt. The best point that this article made is CALL YOUR CREDITORS. People who make an attempt to re pay their obligations generally do not get sued, it is the people who ignore collection calls and letters and leave the creditor no alternative. People would like to make credit card companies faceless corporations, but fact of the mater is yes they are in the business of making money. BUT it is not them who chose to max out the credit card and then expect someone else to pay the debt, it is the consumer. Don’t spend what you can’t afford.

Posted by: Galen Location: Knoxville on Aug 5, 2008 at 09:12 AM
Sadly, many of the defendants don't know their legal rights to evidence. The debt collectors are gambling on that assumption and, unfortunately, winning. They're suing on old debts, some of which are even past the statute of limitations, and they're also tacking on astronomical and questionable amounts of "interest" and "fees." The defendants don't know how to challenge the lawsuits and are paying the price - often WAY more than they originally owed. Additionally, the debtors can't afford to get any legal help for their defense, or the lawyers they talk to don't know how to handle the case. It's a sad situation where the creditors are taking advantage of the debtors' legal ignorance.

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