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Debt-Collection Cases Need New Rules, Judge Says


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Chief Judge Stephen Cooper proposed changes to make collection cases fairer and more efficient Thursday at 46th District Court. He suggested in an e-mail to the Michigan District Judges Association that other courts use his courtroom as a test of the changes. Cooper's effort comes as a leading debt-collection attorney faces more than 300 criminal contempt charges for filing allegedly fraudulent documents with the 25th District Court in Lincoln Park.

Writing to his fellow judges, Cooper said average people -- "unfamiliar with court procedures and uneducated about their rights" -- often get the dirty end of the legal stick.

Rest of article here:

http://wtfnonline.com/box1/credit/articles/aug2005/debtcollectionsneednewrules.htm

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The thing is, this is an example of the problem in our judicial system. I agree that these predatory lawyers need to be reigned in, but I don't believe it is the place of the judges to do it. Judges do not make laws. Thye interpret laws. It is not this judge's place to do this.

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I think judges are exactly the people to do it. It's certainly a judge's place to say to these lawyers "This is the 114th time this year you've shown up in my court chargibg the wrong person, or without any real proof of service, or charging interest and fees you have no proof you have a right to, etc. You are wasting this courts time and resources. Enough! Before you waste anymore of this courts time and money you must have at least a glimmer of proof."

And who better to help write laws? Judges with years of law school and time practicing laws and see the effects of current laws on consumers and their court? Or legislators - most of whom have no law experience, many have never been in a court of law and have no real understanding of the courts time and money taken up with some of these cases?

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