The Atlanta Journal-Constitution has published an in-depth report on how small claims courts and the legal system “stack the deck against consumers” when sued by collection agencies.
Courts are overwhelmed with lawsuits and can not dedicate enough time, churning through cases like “debt collection mills” and cycling through “rocket dockets,” while consumers are left in the dark about their rights and left feeling “exploited.”
The article quotes consumer lawyers, judges, and Jack Brown, the owner of Gulf Coast Collection Bureau and the current president of ACA International. Acknowledging that the adversarial composition of lawsuits “doesn’t help anyone,” Brown also said there is an “incredible” number of collection lawsuits filed against consumers.
Reporting on the proceedings of a small claims court on a Thursday night, the article provides insight from the consumers who showed up to defend themselves and the “cattle call” that illustrates how busy the court is on this given night.
Judges admit to having their hands tied by the legal system when trying to help consumers defend themselves.
“The issue I still have is I have to be impartial between the two sides,” said Quenton G. Washington, who was appointed to the Fulton bench in 2016 as a part-time magistrate but stepped down in February to resume a private practice.
“And so, I can’t, though you may want to help, I can’t say this is what you need to do, ask about the chain of custody on this debt, because then, I’m their lawyer.”
The court has taken to sending text message reminders to defendants to reduce the number of default judgments that are granted when individuals fail to appear before the court.
