top of page

ABUSE OF THE COURT SYSTEM BY DEBT BUYERS

Updated: Jul 30, 2019

Appleseed volunteers researched and wrote a white paper about the abuse of the judicial system by debt buyers. The white paper also included proposed solutions to the problem. An article about the issue appeared in the February/March edition of the Louisiana Bar Journal. Volunteers also have appeared on radio shows to discuss this issue.


Legal Partners:

Barrasso Usdin

Amy Duncan

Sam Ford

Chelsea E. Gaudin


Community Partners:

Louisiana Civil Justice Center

Louisiana State Bar Association

Southeast Louisiana Legal Services


 

In 2012, the Louisiana State Bar Association’s Gap Assessment Subcommittee identified “Debt Buyer” cases as an area in need of additional resources. Debt buying occurs when a company purchases debts from a creditor, such as a credit card company, for a fraction of the face value of the debt. It is common for certain creditors, particularly credit card issuers, to sell defaulted accounts on which they have been unable to collect. Debt buyers, as opposed to original creditors, file lawsuits by the thousands. They rely on the fact that many people they sue will not respond or dispute the case. Debt buying firms often do not have adequate proof that they own an individual’s debt, and cannot obtain such proof from the original creditor to satisfy a court. LSBA and SLLS Northshore have already partnered to create a pilot project to develop a training program for pro bono attorneys interested in assisting with cases that prey on unsophisticated debtors, including those that bring suits without proper service, insufficient evidence, or against debtors who have already paid or otherwise discharged their debt. Volunteer attorneys will receive training, forms and pleadings, and mentoring to help them defend what are often highly winnable cases for those in need. At the request of the LSBA, Louisiana Appleseed has joined its working group to identify and address some of the systemic issues that arise as a result of these debt buyer cases. As a scoping project, we had a Loyola Law intern who drafted a comprehensive white paper, studying Louisiana’s current laws and best practices in other states and offering workable solutions in this arena.

98 views0 comments

Recent Posts

See All

Comments


LAA-Logo-Reverse-White.png

Louisiana Appleseed is dedicated to solving our state’s toughest problems at the root cause. Louisiana Appleseed is part of a national network of 16 public interest law centers across North America.

RECEIVE APPLESEED'S NEWSLETTER:

  • White Facebook Icon
  • White Twitter Icon
  • Instagram

935 Gravier Street, Suite 2155
New Orleans, Louisiana, 70112

COPYRIGHT © LOUISIANA APPLESEED 2019

CREATED BY SKILLETCREATIVE.CO

This site made possible with the generous  support from the Louisiana Bar Foundation.

bottom of page