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Defending Junk-Debt-Buyer Lawsuits

Clearinghouse Review, Vol. 46, No. 1-2, May-June 2012, p. 12+

U of Maryland Legal Studies Research Paper No. 2012-24

14 Pages Posted: 6 Jun 2012 Last revised: 7 Jun 2014

Peter A. Holland

University of Maryland Francis King Carey School of Law; The Holland Law Firm

Date Written: May 1, 2012

Abstract

Junk debt buyer lawsuits have overwhelmed the courts all across the United States. These lawsuits wreak havoc on consumers and their families. Often overlooked is the fact that judgments against consumers which are based on junk debt are part of a zero sum game, where every bogus judgment deprives a legitimate creditor of the chance to get paid from scarce resources. Thus, the legitimate creditor to whom money is owed is materially harmed by the junk debt buyer who extracts money based on an illegitimate claim, or who causes someone to declare bankruptcy. Providing representation to this otherwise unrepresented population will not only help individual consumers. It could improve the entire U.S. economy, by preserving precious resources to pay what is legitimately owed, and avoiding paying for what is not. This article surveys the landscape of the junk debt buyer industry and provides advice for consumer advocates engaged in the battle against unscrupulous junk debt buyers.

Keywords: consumers, creditors, bankruptcy, consumer law, due process, pro se, legal ethics, professional responsibility, role of judge, forgery, self help

Suggested Citation

Holland, Peter A., Defending Junk-Debt-Buyer Lawsuits (May 1, 2012). Clearinghouse Review, Vol. 46, No. 1-2, May-June 2012, p. 12+; U of Maryland Legal Studies Research Paper No. 2012-24. Available at SSRN: https://ssrn.com/abstract=2079155

Peter Holland (Contact Author)

University of Maryland Francis King Carey School of Law ( email )

500 West Baltimore Street
Baltimore, MD 21201-1786
United States
410 706 4256 (Phone)

The Holland Law Firm ( email )

914 Bay Ridge Road, Ste. 230
Annapolis, MD 21403
United States

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