Judge Dismisses More Than 3,000 Collection Cases

[frogger]

Friday, October 12, 2012



A district court judge in Maryland this week dismissed 3,168 debt collection cases as part of a settlement against debt buyer Worldwide Asset Purchasing and its affiliates.

District Court of Maryland Chief Judge Ben C. Clyburn's order follows a settlement announced last month in a federal class action against the companies. In the case, it was alleged that Worldwide Asset Purchasing and its affiliates were not properly registered or licensed, misstated amounts owed and improperly stated Social Security numbers in state court filings, and filed collection lawsuits after the statute of limitations had expired or on debts previously discharged in bankruptcy.

The defendants included a group of collection agencies - Worldwide Asset Purchasing LLC, Worldwide Asset Purchasing II, West Receivable Services Inc. and West Corp. Worldwide and Worldwide II are subsidiaries of West Receivable, and West Receivable is an arm of West Corp.

Judge Clyburn dismissed the cases with prejudice, meaning they cannot be re-filed. The order also states that judgments in the cases are marked as "satisfied" and judgment liens are released.

"In the current recession, the District Court has seen an increase in the number of debt collection cases," Judge Clyburn said. "We have responded to many issues related to debt-buying, and we now have new rules in place that help make the process more transparent, give the judge more information and help level the playing field."

Defendants whose cases have been dismissed will receive written notification from the District Court of Maryland.

The class, represented by Maryland residents Wilson C. Winemiller Jr., Warren P. Adams and Mickey S. Slaghter, will receive $575,000 to be distributed among the class members, defined as residents of the state sued by the defendants between Sept. 22, 2006 and Sept. 22, 2009. As class representatives, Winemiller will receive $10,000 and Adams and Slaghter each will receive $7,500.

After attorneys’ fees and other costs of $231,970 are taken out of the fund, the rest will be distributed to the other class members who file claim forms. Class members will receive no more than $500 each, according to the settlement.

By Darren Waggoner

http://www.collectionscreditrisk.com/news/judge-dismisses-more-than-collection-cases-3012111-1.html?ET=ccrisk:e13863:81359a:&st=email&utm_source=editorial&utm_medium=email&utm_campaign=CCR_Newsline_101212_101212

[tobee43]

wow frogger you are coming up with some good stuffs today!

[malf1204]

Maryland has added a new rule and a special Complaint form for filing of Civil debt collection cases MD Rule 3-306(d)

(d) If Claim Arises from Assigned Consumer Debt. If the claim arises from consumer debt and the plaintiff is not the original creditor, the affidavit also shall include or be accompanied by (i) the items listed in this section, and (ii) an Assigned Consumer Debt Checklist, substantially in the form prescribed by the Chief Judge of the District Court, listing the items and information supplied in or with the affidavit in conformance with this Rule. Each document that accompanies the affidavit shall be clearly numbered as an exhibit and referenced by number in the Checklist.

(1) Proof of the Existence of the Debt or Account. Proof of the existence of the debt or account shall be made by a certified or otherwise properly authenticated photocopy or original of at least one of the following:

(A) a document signed by the defendant evidencing the debt or the opening of the account;

(B) a bill or other record reflecting purchases, payments, or other actual use of a credit card or account by the defendant; or

(C) an electronic printout or other documentation from the original creditor establishing the existence of the account and showing purchases, payments, or other actual use of a credit card or account by the defendant.

I think it is still a little weak but it will stop a lot of the JDB with nothing but a name and SSN

[GoingDown]

Maryland has added a new rule and a special Complaint form for filing of Civil debt collection cases MD Rule 3-306(d)

(d) If Claim Arises from Assigned Consumer Debt. If the claim arises from consumer debt and the plaintiff is not the original creditor, the affidavit also shall include or be accompanied by (i) the items listed in this section, and (ii) an Assigned Consumer Debt Checklist, substantially in the form prescribed by the Chief Judge of the District Court, listing the items and information supplied in or with the affidavit in conformance with this Rule. Each document that accompanies the affidavit shall be clearly numbered as an exhibit and referenced by number in the Checklist.

(1) Proof of the Existence of the Debt or Account. Proof of the existence of the debt or account shall be made by a certified or otherwise properly authenticated photocopy or original of at least one of the following:

(A) a document signed by the defendant evidencing the debt or the opening of the account;

(B) a bill or other record reflecting purchases, payments, or other actual use of a credit card or account by the defendant; or

(C) an electronic printout or other documentation from the original creditor establishing the existence of the account and showing purchases, payments, or other actual use of a credit card or account by the defendant.

I think it is still a little weak but it will stop a lot of the JDB with nothing but a name and SSN

Wow! Sh*t! Our state just went in the opposite direction. Hardly any proof is needed in Arizona to sue someone over a credit card debt.

[Freddy03]

Wow! Sh*t! Our state just went in the opposite direction. Hardly any proof is needed in Arizona to sue someone over a credit card debt.

Same in FL