How Forum Determines Substance in Judicial Debt Collection

31 Banking and Financial Services Rev. 11, August 2012

Notre Dame Legal Studies Paper No. 12-79

15 Pages Posted: 26 Sep 2012

Date Written: August 26, 2012

Abstract

In an email to the Small Claims Task Force, a committee appointed by the Indiana Supreme Court to investigate allegations of abuse in the Marion County Small Claims Court, an Indiana attorney claimed that collection attorneys were forum shopping in Indiana small claims court. In its subsequent report, the task force confirmed that some forum shopping is occurring in Marion County Small claims courts. This study takes that allegation a step further and looks beyond the small claims courts of Marion County to examine the forum shopping practices of collection attorneys throughout Indiana. The evidence suggests that collection firms do forum shop between courts in individual judicial districts. This article takes a closer look at forum shopping by exploring the possible motivations for the forum shopping and its implications for consumers.

Keywords: forum shopping, debt collection, consumer

JEL Classification: K19, K23, K39, K41

Suggested Citation

Fox, Judith L., How Forum Determines Substance in Judicial Debt Collection (August 26, 2012). 31 Banking and Financial Services Rev. 11, August 2012; Notre Dame Legal Studies Paper No. 12-79. Available at SSRN: https://ssrn.com/abstract=2152486

Judith L. Fox (Contact Author)

Notre Dame Law School ( email )

P.O. Box 780
Notre Dame, IN 46556-0780
United States

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