Welcome to RegulationRoom, josephusmyer. It is already illegal to file suit on a debt the collector knows or should know is time-barred, but many consumers do not know what their rights are. Should the CFPB require collectors to say when a debt is time-barred and that the collector cannot sue to recover on it?
Thank you for the comment. In your experience, to what extent is the problem with scheduling an issue of court administration – when the court chooses to have a hearing on a case – rather than something a creditor or debt collector can control? If it is something a creditor or debt collector can control, what do you think should be done about an alleged debtor who works five days per week during normal court hours?
Telephonic pretrial-hearings can be scheduled in support of a consumer having to work; times set and or scheduled with a court representative could passify this issue.
How about allowing arbitrators to not be bound entirely by the law, but also by common sense when it comes credit card defaults? Common sense tells us that if a Colorado flood washes away a community, those in the community are possibly not going to be able to pay their credit card bills for a few months. Common sense tells us that a medical emergency, being the victim of a hit and run accident, destruction of a home, or becoming an unpaid CareGiver for a family member should take precedence over the monthly payment requirement. This is not about debt forgiveness, its about declaring a debt neutral, no more penalties, fees or interest rate charges are applied to the debt, and the debtor agrees to pay off the debt in a reasonable manner, even if it takes 10 years to do so. Please Check out the Debt Neutrality Petition.
What Josephusmeyer said is a great succinct way to call for uniformity for the sake of making everyone who is hit with one of these suits able to stay in the game to defend oneself. All down the line, see the comments that are most often endorsed: they call for some uniformity in the rules across the states and ways to allow people to defending themselves without being intimidated by the court system or letting it be a hardship.
Moderator
1
Welcome to RegulationRoom, josephusmyer. It is already illegal to file suit on a debt the collector knows or should know is time-barred, but many consumers do not know what their rights are. Should the CFPB require collectors to say when a debt is time-barred and that the collector cannot sue to recover on it?
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Moderator
2
Thank you for the comment. In your experience, to what extent is the problem with scheduling an issue of court administration – when the court chooses to have a hearing on a case – rather than something a creditor or debt collector can control? If it is something a creditor or debt collector can control, what do you think should be done about an alleged debtor who works five days per week during normal court hours?
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dmelendez@kscfcu.org
3
Telephonic pretrial-hearings can be scheduled in support of a consumer having to work; times set and or scheduled with a court representative could passify this issue.
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Aaron Racicot
4
Are you suggesting the courts to be open on the weekends? Typically, the court schedule follows a normal business schedule.
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Aaron Racicot
5
The law is fine as is.
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R N
6
I agree both party's should be aware if any recording is going on. It is fair for both sides
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Debt Neutrality Petition
7
How about allowing arbitrators to not be bound entirely by the law, but also by common sense when it comes credit card defaults? Common sense tells us that if a Colorado flood washes away a community, those in the community are possibly not going to be able to pay their credit card bills for a few months. Common sense tells us that a medical emergency, being the victim of a hit and run accident, destruction of a home, or becoming an unpaid CareGiver for a family member should take precedence over the monthly payment requirement. This is not about debt forgiveness, its about declaring a debt neutral, no more penalties, fees or interest rate charges are applied to the debt, and the debtor agrees to pay off the debt in a reasonable manner, even if it takes 10 years to do so. Please Check out the Debt Neutrality Petition.
View this comment in the discussion thread
MER
8
Many courts don't even have hearing times, and the attorney would not know necessarily what the consumer considers inconvenient.
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gmt512
9
What Josephusmeyer said is a great succinct way to call for uniformity for the sake of making everyone who is hit with one of these suits able to stay in the game to defend oneself. All down the line, see the comments that are most often endorsed: they call for some uniformity in the rules across the states and ways to allow people to defending themselves without being intimidated by the court system or letting it be a hardship.
View this comment in the discussion thread