Corrupt Courts

[USMCreitred]

What is the name of your state (only U.S. law)? Indiana When sued bu a debt collector in my county you rarely get to actually go to court. What happens is you show up for court and you are accosted in the hallway by an attorney that demands you fill out a debtors exam worksheet. They do this even before they prove the debt is legit and either they own it or are suing on behalf of their client. I received a rule to show cause as to why I did not appear at the last hearing date, I was never served and knew nothing about this debt. I showed up ready for court. An attorney handed me a sheet of paper for a debtors exam. I told him i was there for a rule to show cause. The attorney said he would take care of it. I asked the attorney since when is an attorney allowed to rule on a rule to show cause. He said he would take care of it. I told him I would not fill out the form and that he did not have the authority to make a decision in the matter. I told him I would be filing my counter claim. Under the fdcpa would this be a violation of section 811 for threatening to take an action they never intended to take?. or better yet, fraud, and deceptive practices.

 

[single317dad]

For better or for worse, this is how debt cases are handled in the Indiana courts. Keep in mind that thousands of these cases are filed every month in every superior and circuit court in the state. The courts can't possibly hear every case individually. SOP is for the attorneys to meet with the alleged debtor prior to the scheduled hearing and possibly come to an agreement.

You do not have to talk to the attorney. You do not have to agree to anything.

You shouldn't be up for a show cause hearing unless there's already a judgment against you and you failed to appear for a proceedings supplemental. That's when they usually start threatening jail time. You shouldn't be held in contempt for failure to appear if you were never served properly. If the judge thinks you're in contempt, then the judge thinks you were served.

Attorneys for junk debt buyers regularly skirt the fringes of the law in their efforts to collect debts. It makes financial sense: use shady tactics to collect from 500 people, then pay the judgment from the one person who successfully sues them under FDCPA.

Who is suing you, the original creditor (person or company who loaned you the money) or a debt buyer?