Brotherskeeper

Illegality in the Sale & Collection of Consumer Debts Law Rev. Paper

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Lots of CIC meat in these 69 (!) pages. Note: this paper is a draft.

Jiménez, Dalié, Illegality in the Sale and Collection of Consumer Debts (December 5, 2013). Available at SSRN: http://ssrn.com/abstract=2250784 or http://dx.doi.org/10.2139/ssrn.2250784

 

Dalié Jiménez:

"Associate Professor of Law and Jeremy Bentham Scholar, University of Connecticut School of Law.

Former Policy Fellow in the founding staff of the Consumer Financial Protection Bureau, where I
focused on debt collection, debt relief, and credit reporting. This paper benefited immensely from
comments from participants at the 2013 Law & Society Comparative Household Debt and Insolvency
workshop and at the Junior Scholars Workshop at the University of Connecticut School of Law, in
particular, Dan Schwarcz and Patricia McCoy. Many thanks also to the UConn Law Faculty and
attendees at the Faculty Workshop Series. Many thanks also to John Tonetti, Peter Holland, Jim
Greiner, Doug Spencer, and Rafael Pardo. The views expressed herein are my own. Any mistakes are
mine."
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This paper says a lot of the things I have been saying. How can they advance these documents to the court knowing that the documents have no guarantees for accuracy? If the seller of the debt cannot warranty the documents how can the buyer warranty them enough to present them in court and ask a judge to rely on them? That is against their own canons and they know it, but what gets me the most is the judges allow them, when the judge even knows it is wrong.

We need to make the courts and the atty that we are aware of this deceptive practice and make the courts adhere to their own rules. The problem is most people are afraid of a judge and will not challenge the court. 

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This is a timely, well researched and expert opinion on the topic. A great read for anyone interested in the subject of the sale of alleged debts to third parties, or defending debt collection lawsuits. Thanks for posting this paper.

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Unfortunately with a 90% win rate nothing will stop them. Sure a handful of people like those @ CIC and other boards might stand up to them, but they are like looking at a fly on a white sandy beach. They give in a to a few and and even have to pay a few more for FDCPA violations. The bottom line is that the rules are just too easy for them and the never ending flow of cash will never end. 

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maybe sending a copy to the judges of our respective counties or enter it into evidence. you see then you will find out if the judges are biased or not. If they see the correct rulings and they don't make them a reviewing court cannot say the issue was waived.

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In the municipal court where I am, I have noticed a trend with one of our new recently elected judges that she is not granting the motions for default judgment because not enough evidence was attached... So not all judges rubber stamp the motions. However, this could be just her getting used to the waters as this is her first time as judge. It is always an evolution with judges as they come into their own. At the beginning, they are all about laying down the law on criminals and reading into civil complaints until they get comfortable. I think once 1,000's of the same case cross their desks, they get jaded as anyone would.

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Wish I had seen this before my trial. However I am appealing and gald you posted this. I have encouraged all AZ's to write the AG and the head of judges. These bogus affadavits should be illegal and the robosigning of lots of accts needs to end. In my case the stupid atty acually sent me another ladies whole case.

 

Same signature on both affadavits. Sent to AG as well as three others they sent along the way in my case

Judge took three months to rule against me with no explaination and no verdict at trial. The courts are jammed with these bogus and frivolous lawsuits.  And that's just the people who show up and they get a default against the rest.

 

So much for justice

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