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MD High Court Approves Rules to Protect Consumers from Debt Collection

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    MD High Court Approves Rules to Protect Consumers from Debt Collection

    By Steve Kilar and Jamie Smith Hopkins, The Baltimore Sun

    Maryland's highest court on Wednesday approved changes to a set of rules that require debt collectors to provide greater proof that they are entitled to sue consumers, according to a Baltimore-based legal advocacy group.

    The Maryland Court of Appeals agreed to revise three rules of the Maryland Rules of Procedure that will, in part, force companies that buy past-due consumer debts — and attempt to collect by suing — to present sufficient evidence to back up their claims, said Jonathan F. Harris, an attorney with the Public Justice Center.

    A court committee recommended the new rules in June at the urging of the Maryland Attorney General's Office and the Department of Labor, Licensing and Regulation. When debt buyers purchase defaulted accounts from credit-card firms and other creditors, they pay a cut-rate price for what usually amounts to "only minimal information regarding each debt and debtor," the rules committee concluded.

    The companies then swear in affidavits that the information is accurate, though they frequently don't pay to acquire documents — such as signed agreements or a list of purchases — to verify the details in the databases they have purchased, the attorney general's office said.

    Chapter 7 Filed: 04/21/2011, 341 Meeting: 05/31/2011, Report of No Distrubution: 06/02/2011, Discharged: 08/03/2011, Closed: 08/10/11

    #2
    This is a no-brainer for any court. What has been going on is the spray and pray method of filing lawsuits, counting on 90+ % of the debtors being no shows, and a default judgment being awarded.

    We had this going on in our area as well until a couple of years ago when our judges changed things. Even if the debtor is a no show, the creditor must present their case to the judge, complete with documentation.

    No documentation to back up the claim = dismissal. As it should be.......
    All information contained in this post is for informational and amusement purposes only.
    Bankruptcy is a process, not an event.......

    Comment


      #3
      Agree with you Frogger....finally Maryland does something right...LOL
      Chapter 7 Filed: 04/21/2011, 341 Meeting: 05/31/2011, Report of No Distrubution: 06/02/2011, Discharged: 08/03/2011, Closed: 08/10/11

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        #4
        Oregon had a similar law in this last legislative session that would have required documentation of contract, etc. It stalled in committee, but I think it will get revised in the mid-biennium session.

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          #5
          Great news for MD, PA need to do something similar!

          Thanks for sharing that Discon!
          Filed CH 7 4/15/11
          341 5/23/11
          DISCHARGED & CLOSED ON 7/27/11

          Comment

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