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Back in 2003, I had this happen to me in Florida. I was struggling financially, fell behind on a debt, had a collection agency file a lawsuit, and I took the de

Back in 2003, I had this happen to me in Florida. I was struggling financially, fell behind on a debt, had a collection agency file a lawsuit, and I took the default judgment. Didn't think much of it and honestly just figured they would garnish wages after that I ignored the judgment (big mistake). About a year later I got pulled over for speeding and they had filed for a warrant. After a night at the police station, I was released on bail, that was actually more than the original debt (prior to interest). I had a hearing scheduled with a magistrate judge to review the debt between myself and the creditor. I appeared for the hearing only to have had the debt sold to a different collection agency and no one showed up. The judge dismissed the judgment against me. The entire hassle cost me not only time but more money than the original debt (and at this point after attorney fees, etc... the amount was more than the original plus interest. Rewinding a bit, when I went for my hearing though I was talking with my attorney and the magistrate that was handling the case. She expressed a great displeasure that this happens all too often and that most judges in civil cases will just rubber stamp what over a creditor files if there is no one there to oppose from the debtor side. Separately my attorney told me that Florida laws/courts make it very easy for creditors to do this.

tachyoff 9y ago
I’m really sorry this happened to you. I’m glad it ended up working out eventually (it seems). I wonder how much time, money, and tears we could save if there were an easier way to simply reach people in these situations to let them know of their options. Of course, a better solution is legislation like that proposed by the ACLU. Hope all is still well with you. Edit: just read your profile. I think you’re doing fantastic work!
- jeffmould 9y ago
  Thanks! Yes, rough time but things usually work out for the better in this case. Definitely learned some important life lessons in a 4-year stretch during that time though. Many of those lessons are being applied directly to my current endeavors. Personally, I think people get scared or have a fear of facing a debt collector in court. I believe that when it comes to small claims judgments (i.e. under $10K) there should be a more personal approach that encourages resolution instead of fear. Maybe instead of "default judgments" that are rubber-stamped by judges, the courts move to a more hands-on approach with hearings between mediators, the creditor, and the debtor. While this may require manpower, the time/cost savings of jailing debtors would be savings in the end. I hope the ACLU is successful in getting legislation passed.
rayiner 9y ago
> I was struggling financially, fell behind on a debt, had a collection agency file a lawsuit, and I took the default judgment. > most judges in civil cases will just rubber stamp what over a creditor files if there is no one there to oppose from the debtor side. Maybe we should teach this better in school, but you gotta show up to court, even if you have to do it without a lawyer. This isn't something that only happens to poor people--even big corporations can have huge default judgments entered against them if they don't show up to defend themselves. (This typically happens with foreign companies who blow off U.S. legal process because they have no U.S. assets.)
- jeffmould 9y ago
  IMO, there are a lot of things we should be teaching better in schools. :)
- wfo 9y ago
  It is most of the time not an education issue. Showing up can be hard: skip work and be fired or show up in court? Abandon your kids to make your court date? Nearly all eviction hearings do not have a defendant present, and it's not because nobody understands. It's because the people who prey on the weak and destitute know they can't afford to take a day off to show up, and because the poor (often rightly) believe the legal system will never help them in any way so showing up is a waste of time.
  - jeffmould 9y ago
    because the poor (often rightly) believe the legal system will never help them in any way so showing up is a waste of time This! Sadly, there are many government services that are intended to help the poor in these situations, unfortunately, there is a lack of awareness and/or education about what is exactly available, to whom that help is for, and how to go about receiving that help. For example, many courts have pro-bono attorneys available a few times a month to provide legal advice to those who can't afford to hire an attorney. Most often these services are available for free on a first-come-first-serve basis regardless of income level. They are intended not for criminal defense, but instead to help people navigate civil court issues (i.e. evictions, divorce, collections, etc...). Yes, showing up can be hard for someone living day-to-day/paycheck-to-paycheck. No amount of education or resources is going to solve that problem. One alternative solution could be for courts to offer alternate hours for these cases.
Simon_says 9y ago
Remind me never to loan you money.
joveian 9y ago
Thanks for sharing your story. Reminds me of Matt Taibbi's article on Florida's "rocket docket" a while back: https://www.rollingstone.com/politics/news/matt-taibbi-courts-helping-banks-screw-over-homeowners-20101110 https://www.rollingstone.com/politics/news/matt-taibbi-court...

tachyoff 9y ago

I’m really sorry this happened to you. I’m glad it ended up working out eventually (it seems). I wonder how much time, money, and tears we could save if there were an easier way to simply reach people in these situations to let them know of their options. Of course, a better solution is legislation like that proposed by the ACLU. Hope all is still well with you. Edit: just read your profile. I think you’re doing fantastic work!

jeffmould 9y ago
Thanks! Yes, rough time but things usually work out for the better in this case. Definitely learned some important life lessons in a 4-year stretch during that time though. Many of those lessons are being applied directly to my current endeavors. Personally, I think people get scared or have a fear of facing a debt collector in court. I believe that when it comes to small claims judgments (i.e. under $10K) there should be a more personal approach that encourages resolution instead of fear. Maybe instead of "default judgments" that are rubber-stamped by judges, the courts move to a more hands-on approach with hearings between mediators, the creditor, and the debtor. While this may require manpower, the time/cost savings of jailing debtors would be savings in the end. I hope the ACLU is successful in getting legislation passed.

rayiner 9y ago

> I was struggling financially, fell behind on a debt, had a collection agency file a lawsuit, and I took the default judgment. > most judges in civil cases will just rubber stamp what over a creditor files if there is no one there to oppose from the debtor side. Maybe we should teach this better in school, but you gotta show up to court, even if you have to do it without a lawyer. This isn't something that only happens to poor people--even big corporations can have huge default judgments entered against them if they don't show up to defend themselves. (This typically happens with foreign companies who blow off U.S. legal process because they have no U.S. assets.)

jeffmould 9y ago
IMO, there are a lot of things we should be teaching better in schools. :)
wfo 9y ago
It is most of the time not an education issue. Showing up can be hard: skip work and be fired or show up in court? Abandon your kids to make your court date? Nearly all eviction hearings do not have a defendant present, and it's not because nobody understands. It's because the people who prey on the weak and destitute know they can't afford to take a day off to show up, and because the poor (often rightly) believe the legal system will never help them in any way so showing up is a waste of time.
- jeffmould 9y ago
  because the poor (often rightly) believe the legal system will never help them in any way so showing up is a waste of time This! Sadly, there are many government services that are intended to help the poor in these situations, unfortunately, there is a lack of awareness and/or education about what is exactly available, to whom that help is for, and how to go about receiving that help. For example, many courts have pro-bono attorneys available a few times a month to provide legal advice to those who can't afford to hire an attorney. Most often these services are available for free on a first-come-first-serve basis regardless of income level. They are intended not for criminal defense, but instead to help people navigate civil court issues (i.e. evictions, divorce, collections, etc...). Yes, showing up can be hard for someone living day-to-day/paycheck-to-paycheck. No amount of education or resources is going to solve that problem. One alternative solution could be for courts to offer alternate hours for these cases.

Simon_says 9y ago

Remind me never to loan you money.

joveian 9y ago

Thanks for sharing your story. Reminds me of Matt Taibbi's article on Florida's "rocket docket" a while back: https://www.rollingstone.com/politics/news/matt-taibbi-courts-helping-banks-screw-over-homeowners-20101110 https://www.rollingstone.com/politics/news/matt-taibbi-court...