Comments on: Are Lawsuits Like Sausages? http://www.popehat.com/2009/04/14/are-lawsuits-like-sausages/ A Group Complaint about Law, Liberty, and Leisure Thu, 09 Feb 2012 22:39:39 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: David Wisniewski, Esquire http://www.popehat.com/2009/04/14/are-lawsuits-like-sausages/comment-page-1/#comment-42235 David Wisniewski, Esquire Sat, 05 Sep 2009 14:19:32 +0000 http://www.popehat.com/?p=3877#comment-42235 I think you're wrong about people not having any defenses. Most of these credit-card collection complaints don't meet the minimum pleading standards, and don't attach any sort of documentation showing that money is owed, such as the credit card agreement or any past-due invoices, or provide any sort of detail on when or how the default occurred. If the suit is based on the purchase of an alleged defaulted credit card account by a debt purchasing company, in about 99.99% of the cases, the plaintiff can not show that they actually purchased the account. The problem is, that a lot of the defendants don't respond to the law suit, and a default judgment is entered (which is the business model of these law firms), or if the defendant does respond, they most often do it pro se and don't understand how to properly raise the proper defenses. I think it is up to the Courts to make sure that the complaint contains the information that the plaintiff claims it contains, before a default-judgment is entered. I think you're wrong about people not having any defenses. Most of these credit-card collection complaints don't meet the minimum pleading standards, and don't attach any sort of documentation showing that money is owed, such as the credit card agreement or any past-due invoices, or provide any sort of detail on when or how the default occurred.

If the suit is based on the purchase of an alleged defaulted credit card account by a debt purchasing company, in about 99.99% of the cases, the plaintiff can not show that they actually purchased the account.

The problem is, that a lot of the defendants don't respond to the law suit, and a default judgment is entered (which is the business model of these law firms), or if the defendant does respond, they most often do it pro se and don't understand how to properly raise the proper defenses.

I think it is up to the Courts to make sure that the complaint contains the information that the plaintiff claims it contains, before a default-judgment is entered.

]]> By: Ronald Pottol http://www.popehat.com/2009/04/14/are-lawsuits-like-sausages/comment-page-1/#comment-27805 Ronald Pottol Wed, 15 Apr 2009 07:43:38 +0000 http://www.popehat.com/?p=3877#comment-27805 Wow, and to think that when I was doing that kind of process service I thought the people who would subserve it on the first attempt and then lie about previous attempt on the paperwork (they'd let them age a few days before they tried service so it would look plausible) we ethically dubious. Same deal for the kind of work, but never a hint of flat out not serving the papers. Wow, and to think that when I was doing that kind of process service I thought the people who would subserve it on the first attempt and then lie about previous attempt on the paperwork (they'd let them age a few days before they tried service so it would look plausible) we ethically dubious. Same deal for the kind of work, but never a hint of flat out not serving the papers.

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