This Article was reproduced with
permission of the Boston Globe. Many of the victims in this series are
appearing as a result of Western Capital and Robert Paisola's Live Coverage of
the Problems with Consumer Debt in America.
Robert Paisola is the CEO
of Western Capital and can be reached at
www.RobertPaisola.com or
www.CollectionIndustryLive.com/media.html
This Boston Globe Spotlight Team
investigation into the world of consumer
debt in the United States found a system
where debt collectors have a lopsided
advantage, debtors are often treated
shabbily by collectors and the courts,
and consumers can quickly find
themselves in a life-upending financial
crisis.
AUDIO:
Spotlight reporters talk about the
series
Harsh judicial reviews
for bare-knuckled collector
Debt collector Daniel Goldstone's
tactics have led to sharp rebukes
from two federal judges and an order
from the Massachusetts Supreme
Judicial Court that he be disbarred
for at least 8 years.
Small claims courts have mutated
into a system that ignores
individual rights and shows
favoritism toward debt collectors
and their lawyers.
AUDIO:
Listen to today's story
Constables, appointed by cities and
towns to serve court papers and
execute orders, carry badges and
have arrest powers -- yet are
untrained and unmonitored. And many
do the dirty work of property
seizure for some of the most
aggressive debt collectors in the
state.
AUDIO:
Listen to the story
Many constables have criminal
records
In Boston, 88 of the 186
constables have criminal arrest
records of one kind or another,
and seven were appointed to
their posts despite criminal
convictions.
Property seizure laws dated and
ignored
A Globe review found that many
laws on property seizures are
vague and antiquated, and in
recent years, legislative action
has left debtors' property more
vulnerable, not less.
As the debt collection business
in America continues to boom --
$66 billion worth of delinquent
credit cards alone were
purchased last year -- many
debtors find themselves with
their backs to the wall, laden
with bills they can't pay and
lacking protection from a
seemingly unconcerned
government.
A bitter remedy for overdue
medical bills
Credit card companies aren't the
only businesses that employ
aggressive debt collectors; your
doctor, dentist, or oil company
may use them, too.
Legislators among collectors'
targets
Among the hundreds of thousands
of Massachusetts residents who
have been sued for bad debts are
at least eight current state
representatives.
Spotlight editor Walter V. Robinson talked with
readers Tuesday about the team's new series,
Debtors' Hell.
boston_lad: hi. what sort of
changes are you hoping to see in MA, and
even in the US, as a result of bringing
this information to light?
Walter_V__Robinson: We'll leave
the results/changes to others. Our job
was to dig up the information and let
people know what's going on.
Happy: Has there been any
backlash from this story? Any threats?
Walter_V__Robinson: None really -
just several hundred calls and emails,
the vast bulk of those from people who
have similar experiences to relate. And,
of course, some from people who believe
- not without justification - that these
debtors would not have gotten run over
if they'd paid their bills in the first
place.
dottie: what prompted the Globe
to begin work on the story?
Walter_V__Robinson: As with most
stories, a single phone call from
someone whose car had been hauled off in
the middle of the night. That led us to
court records, and we were astounded at
how many people are being sued for bad
debts. It's in the many millions
nationwide; and close to 600,000 sued by
debt collectors in Massachusetts in the
last five years.
cotter_creditboards: Was your
goal of the article more to initiate
some type of change, or more aimed at
educating the public about unscrupulous
Collectors like the Goldstones?
Walter_V__Robinson: It was the
latter - to educate the public. We'll
leave the changes to those who have the
power to make them.
boston_lad: how do you respond to
people (plenty of whom are on the
message board for this story) who point
out that debtors only have themselves to
blame for their situation? Why should we
feel sympathy for them, especially if
the collectors are acting legally (for
the most part)?
Walter_V__Robinson: That's true,
to a point. But even the debt collectors
we've talked to recognize that the vast
bulk of people who get into debt trouble
do not do so willingly. It's
unanticipated problems: A wageearner
gets sick or dies. There are high
medical costs. One of the two
breadwinners loses a job, or gets
"downsized.''
JW: Walter - Thanks for a great
job. These abuses seemed to happen in
Small Claims Court. Are people with
larger debts actually better off than
people with smaller debts in terms of
abusive experience with courts?
Walter_V__Robinson: Pradoxically,
the answer is probably yes. The larger
the debt, the more likely it is the
debtor will have either a lawyer or the
savvy you need to navigate the court
system. And if the debt is between
$2,000 and $25,000, the case goes before
a judge, not a clerk. It is clerks who
handle small claims cases.
concerned: Your research was
based only in MA , but don't you believe
this is a national story?
Walter_V__Robinson: Tomorrow's
story will be about the problem
nationally.
cotter_creditboards: What one
issue struck you as the most disturbing
part of this while researching and
compiling this article?
Walter_V__Robinson: What was most
troubling to us was the way
unsophisticated people are treated in
the state court system, especially in
small claims. They are personally
mistreated too often by some court
officials. And they are up against debt
collection lawyers, who use - and
sometimes abuse - the court rules to
their advantage.
CramItCCCAs: One of the people in
your story was incarcerated until they
paid a debt. Is there any legal
justification for this?
Walter_V__Robinson: Strictly
speaking, yes. The man was in violation
of a court order. So the judge held him
in contempt and sent him to jail for 28
days. But the man didn't have the money;
and there is some question whether he
understood what was happening to him. He
was not a sympathetic character, to be
sure. But four weeks in jail over
Christmas - when across the hall in
criminal session people often walk free.
fromMA: I cant't help but think
that an anciliary problem is the ease of
getting credit. I must receive at least
10 "pre-approved" solicitations each
week. When my child went to college I
couldnt believe the ease that credit
cards can be obtained. I know its pie in
the sky but I really wish the banks
would be more objective. All in all a
scary series no matter whose fault it is
to get into this predicament.
Walter_V__Robinson: There is a
direct cause and effect here. Too many
credit cards given out to too many
people who don't need them, or don't
have the experience to handle credit
responsibly.
STEVE: tHE PART ABOUT THE LAWYERS
RUNNING THE SHOW i THINK IS CRIMINAL. Is
there anything being done now to stop
this practice?
Walter_V__Robinson: I think the
court system is moving quickly to curn
this practice.
gal123: What ever happened to
people being responsible for their own
actions?? i.e. charging up debt and
paying for it
Walter_V__Robinson: I've dealt
with this question. But it's always
worth revisiting. For people who don't
read the fine print - and, let's be
honest, how many of us have read our
credit card agreements? - it would be
nice to be told more clearly that you
could be hit with 30 percent interest
rates; or that paying the monthly
minimum will keep you in debt forever.
But the credit card industry got
Congress to kill provisions that would
have made it easier for people to
understand the consequences of using
credit cards.
cotter_creditboards: I saw the
answer from Connolly and Mulligan, but
did not see anything from AG Reilly. Was
the AG contacted during the
investigation for his statement?
Walter_V__Robinson: Yes, he was.
His office's record on this is part of
tomorrow's installment.
Len: It doesn't sound as if the
"court system" is any hurry to rectify
this. It just sounds as though too many
of them are on the take and involved
with it!
Walter_V__Robinson: I don't
agree. The chief justice of the district
courts, Lynda Connolly, started taking
remedial measures pretty soon after we
first raised these issues with her in
February. She still has some systemic
issues to deal with, but it appears that
she wants to correct problems.
Turkued: Would you say that the
informality of small claims
courts...designed to help the little
guy...is actually being used to hurt
him?
Walter_V__Robinson: I think
that's right. There is a presumption in
many courts that a) people who get sued
know all the rules; and b) the debt
collectors are probably right. We have
yet to witness a court clerk ask any
debt collection lawyer to show him proof
of the debt.
concerned: Will these changes
involve judges looking for proof the
debt is really owed? That the debtor was
properly notified, etc? Are the courts
dedicated to the idea that rubber
stamping default judgments to the same
companies must end?
Walter_V__Robinson: It's clear
that the court will take steps to make
it more certain that people get proper
notification that they have been sued.
On your other questions, time will tell.
cotter_creditboards: Regarding
the "direct cause and effect" answer you
have made. There are those who, for the
most part, handle credit responsibly.
What is your advice for those who have
had incidents with their issuer where an
interest rate is hiked up from 8 or 9
percent to over 30%, effectively
tripling a minimum payment?
Walter_V__Robinson: I'd recommend
that they read the chapter of the book
by Elizabeth Warren of Harvard Law
School, which is posted online at
boston.com - or is about to be. It
has really good advice for consumers
from one of the country's leading
experts.
Turkued: Do the debt collection
agencies and their attorneys even have
proof of debt? These things are sold so
many times is it conceivable the proof,
resting with the original creditor,
doesn't even exist at the current time?
Walter_V__Robinson: This is a
particular problem with debt buyers who
are buying the debt two or three times
removed from the original creditor. They
seldom have proof. What they are buying
is a computerized printout of accounts.
And so far, the courts seem to think
that's enough evidence. But only because
consumers do not know enough to remind
the court that the plaintiff has to
prove his or her case.
concerned: Time will tell, could
mean business as usual. Will you stay
with the story?
Walter_V__Robinson: Yes, we will.
gal123: It seems to me that the
only person to blame in the scheme of
things is the debtor, the one who
ignores countless letters. Only when the
creditors they OWE decide to take the
next step...which in some cases is to
place liens and or seize their vehicles
is when all of a sudden they are
concerned about their outstanding
accounts!
Walter_V__Robinson: It's hard to
find anyone who thinks it makes any
sense to seize a beat-up car from
someone to satisfy the debt. First off,
it's not what the legislature intended;
second, when someone can't get to work
without a car, how does taking their car
help them pay their debts? As for a
house, if you ignore a debt and you own
a house, of course the creditor has the
right to put a lien on it.
concerned: How is the public
responding to the story?
Walter_V__Robinson: We've had
hundreds of emails and phone calls. No
matter what your feelings are about
debtors, and their personal
responsibility, there have been some
real injustices here that need
addressing.
concerned: There is a judge in
Michigan who had been granting many
default judgments to one particular
lawyer. One day he demanded proof the
debts were owed. The lawyer asked for
more time to prove the debt(s). That
judge then took it upon himself to
contact nearby counties to see if they
also had a lot of default judgments from
the same lawyer. That lawyer is now in
jail for fraud. Do you think this is a
possibility in your area?
Walter_V__Robinson: Yes, quiteb
possible here - because it would be easy
to manipulate the system in the same
way. In Michigan, and in a similar case
in Maryland, the lawyers allegedly used
phony addresses to get default judgments
against debtors. The lawyer in Michigan
has been convicted; in Maryland, the
lawyer is awaiting trial.
concerned: What should the public
do to make sure this story stays in the
public forum?
Walter_V__Robinson: Keep the heat
on us.
spotlightadmirer: Is this
mistreatment of "unsophisticated" people
in small claims court as blatantly
present in other wings of the MA court
system (e.g., probate or criminal)?
Walter_V__Robinson: I do not
know, but suspect not: At other levels
of the court, both sides are most often
represented by attorneys.
concerned: How? What do you need?
Walter_V__Robinson: We pay
attention when people call us. I imagine
the Legislature does too.
concerned: Will your article
mention consumer laws that protect
people?
Walter_V__Robinson: The Globe's
website,
boston.com, has links to lots of
sites with this information.
spotlightadmirer: Do you think
there is a tie in with the debtors story
by the Globe and the emmy-winning Joe
Bergantino feature on CBS4 "Judges on
Recess"
Walter_V__Robinson: No, Joe, I
don't think so.
CramItCCCAs: How powerful are the
collection agency lobby's? Have they
influenced the law makers in the same
way credit card companies have?
Walter_V__Robinson: Good
question. I think we'll soon see
first-hand here in Massachusetts,
because there are likely to be some
proposed legislative changes.
Walter_V__Robinson: Thanks for
all of those questions. I enjoyed the
back and forth.
Walter_V__Robinson: Good day
No mercy for consumers
Firms' tactics are one mark of a system
that penalizes those who owe
This story was reported by Spotlight team members
Michael Rezendes, Beth Healy, Francie Latour, Heather
Allen, and editor Walter V. Robinson. It was written by
Rezendes and Latour.
First of four parts |
July 30, 2006
It was just before 6
a.m. on a Saturday in the fall of 2002, when
Marie-Colette Dimanche woke to a loud rapping at the
door of her Mattapan duplex. With her night robe on
and her two daughters still sleeping, she rushed
down the stairs and peered out the window.
Outside, a tow truck blocked her driveway and her
1996 Chevy Blazer. A man and a woman with a court
order told the single mother they had come to take
her car for nonpayment of an old credit card debt.
With interest and legal fees, the bill totaled more
than $2,000, and it came from a company called
Commonwealth Receivables. They gave her a choice:
Pay the money now, in cash, or hand over the keys.
Dimanche had never heard of Commonwealth and
believed the debt had been paid by a social services
agency. ''I just said, 'You guys must be insane,'''
she recalled.
She had reason to be stunned: The debt was at
least five years old. And she'd never gotten notice
of the lawsuit against her: When Commonwealth, a
local debt collector, went after Dimanche, the
address it supplied the court was one where she
hadn't lived for more than a decade.
But Dimanche didn't have the paperwork to prove
the debt had been paid off, and she didn't have
$2,000.
''What could I do?'' she said. ''I gave them the
key.''
Dimanche is one of thousands of Massachusetts
residents who have had their cars seized and lives
upended by a pair of debt collection companies,
Commonwealth Receivables Inc. of Watertown and
Norfolk Financial Corp. of West Roxbury. Run by two
brothers, one of whom was disbarred this year for
his business practices, Norfolk and Commonwealth
have become two of the state's most litigious and
aggressive collectors, a Globe Spotlight Team
investigation of the debt industry has found.
In America's debt-saturated culture, Chad E. and
Daniel W. Goldstone are among the clear winners.
They are perhaps the most active local players in a
nationwide debt collection industry that has
exploded in size and profits, inundating court
systems in Massachusetts and across the country with
collection lawsuits seeking tens of billions of
dollars in debts that are often purchased for
collection by the Goldstones and hundreds of other
firms for just pennies on the dollar.
The success of such firms is a measure of how
dramatically the world of consumer debt in America
has changed. It isn't just that consumers lean too
heavily on credit cards to get by. It is that,
almost unnoticed by policy-makers, many millions of
Americans have slid, or been pushed, into a debtor's
hell where bank accounts are drained, wages are
attached, property confiscated, and threats of jail
are an everyday occurrence.
A fate once reserved for the worst deadbeats has
become commonplace. The losers are the friends,
neighbors, or relatives of just about everyone -
people who generally owe the money collectors are
after but don't deserve what comes next. People such
as Ana R. Rios, a 40-year-old Maynard woman whose
car was hooked near midnight even though her debts
had been erased through bankruptcy. Or Thomas S.
Jessamey, a 45-year-old Saugus man who spent six
months struggling to get his car back after it was
seized for an old credit card bill.
An estimated one of every 11 consumers has at
least one credit card that is more than 90 days past
due, according to nationwide data provided to the
Globe by the credit reporting agency Experian. Many
are already being pursued by debt collectors, or
someday will be. And it is a vast army coming after
them: In the last decade, the ranks of debt
collectors have doubled to 162,000, making debt
collection among the fastest-growing sectors of the
financial services industry.
In Massachusetts, a Spotlight review of records
in all 70 district courts, and interviews with court
officials and collection attorneys, found that
professional collectors filed an estimated 575,000
lawsuits between 2000 and 2005 - about one lawsuit
for every 11 Bay State residents. The vast bulk of
those were filed as small-claims actions in the
district courts, where debt collectors always have
lawyers and the debtors almost never do.
At nearly every stage, the Globe found, the debt
collection system in the state is stacked against
the average consumer:
Many small-claims courts have effectively
become accomplices of collection firms,
routinely giving them the upper hand in court
cases while casually disregarding the rights and
dignity of ordinary citizens.
Ana
Rios with the 1995 Buick that constables
seized at 11:30 the night of her
birthday in 2004 for an old credit card
debt -- a debt that had been discharged.
(Globe Staff Photo / Michele McDonald)
Collectors almost always win the lawsuits
they file, without being asked for evidence that
the debts they are chasing are actually owed.
Like Dimanche, debtors frequently receive no
notice of the lawsuits against them because debt
collectors provide courts with outdated
addresses for the people they are suing.
The disabled, the elderly, and the working
poor are often talked into repaying their debts
from their monthly government checks, which by
law are protected from legal judgments.
And an obscure posse of law enforcement
agents - constables and deputy sheriffs -
operate freely as the blunt instrument of
collection firms, with neither their steep fees
nor their sometimes heavy-handed tactics
regulated.
It is, in short, a system made safe - and very
profitable - for Massachusetts collectors like such
as Commonwealth and Norfolk, and for others like
them across the country.
''The creditors are all repeat players. They know
exactly how the game works,'' said Elizabeth Warren,
a Harvard Law School professor who studies consumer
debt. ''We're watching a fight between two players,
one a skilled repeat gladiator, and one who's thrown
into the ring for the first time and gets clubbed
over the head before they even get a sense of what
the rules are.''
Commonwealth and Norfolk have built a reputation
for operating at the hard edge of this increasingly
aggressive and methodical trade.
It is a business with many reputable players,
firms that collect money zealously but rarely cross
the line of fairness. And then there are those that
seem to live by another set of rules.
Commonwealth, owned by 41-year-old Chad
Goldstone, and Norfolk, owned by his brother Daniel,
who is 44, are among the most active users of the
state's small-claims courts, where lawsuits are
limited to $2,000 or less. Together, the two firms
have filed about 12,000 lawsuits in each of the last
four years in all but two of the state's 70 local
courts, according to records examined by the Globe.
That is more than 10 percent of the state's small
claims caseload.
And as for car seizures, a tactic many collectors
consider harsh and unseemly, the Goldstones have
made it an everyday practice.
''The way he handles cases offends us,'' said
Richard S. Daniels Jr., the owner of a large Boston
collection law firm, speaking of Daniel Goldstone.
''His practice is abusive.''
Seizing cars to collect old debts is lawful in
Massachusetts. But time and again, those working on
the Goldstones' behalf have turned it into an
excruciating ordeal for consumers, making
dark-of-the-night collection visits, and holding
cars hostage until debtors can scrounge up the cash
to pay down a past-due amount.
Almost always, debtors who have their cars towed
wind up paying far more than their original debt.
Part of that is interest, of course. But it is also
the result of hefty fees charged by the people who
work on the Goldstones' behalf, the kind of people
Dimanche found knocking at her door just after dawn
- locally appointed constables, deputy sheriffs, and
tow lot operators.
And in cases where debtors are unable or
unwilling to pay the debt, plus the high seizure,
towing and storage fees, their cars are often
auctioned for a fraction of their market value. Or
they are junked, leaving the debtors without
transportation and still liable for most, or all, of
the debt.
Marie-Colette
Dimanche, a Mattapan mother, was sued by a
debt collector at an address where she had
not lived for 10 years.
(Globe Staff Photo / Michele McDonald)
The sight of a tow truck at the door is unsettling enough. But for some
debtors chased by Norfolk and Commonwealth, it is
literally the first they have heard that they are
being sued. In several lawsuits examined by Globe
reporters, Dimanche's among them, the two companies
provided incorrect addresses to the courts, with the
result that judgments were issued without the
knowledge of the debtors. But finding the right
address is seldom a problem for the constables and
sheriffs Norfolk and Commonwealth hire to seize
debtors' cars.
As Dimanche said in a hand-written plea to the court days after her car
was taken: ''I, Marie Dimanche, was never notified
of any court hearing, and a judgment was passed
without my presence to defend myself.''
But no court motion could fully describe what Dimanche had lost. The
day she handed over her keys - her only means to get
to work and her children to school - was the last
day she would ever see her car.
How many others sued by the Goldstones have had
their cars seized? The courts, which authorize the
actions, don't keep records that would allow such a
tally.
But other official documents strongly suggest
that the two firms have been seizing thousands of
cars a year. For example, in affidavits filed in a
lawsuit involving Norfolk Financial, Chad Goldstone
and an employee of Daniel Goldstone estimated that,
four years ago, a single constable company was
hooking about 1,200 cars a year for the two
brothers. In a two-year period, 2004-2005, deputy
sheriffs in four counties - Plymouth, Norfolk,
Bristol, and Worcester - seized 1,073 cars just for
Norfolk Financial, a Globe review found.
That volume makes the two firms the dominant
players in car seizures statewide.
Both brothers and their lawyer, John J. O'Connor
of the Boston law firm of Peabody & Arnold, defend
the propriety of their business practices. ''We work
hard to handle all matters with courtesy and
fairness, and in compliance with all legal
requirements,'' they said in a written statement.
Only Chad Goldstone spoke to the Globe at any
length; Daniel Goldstone agreed to a sit-down
interview, but then cancelled it. The Goldstones
cited state privacy laws and federal statutes that
protect debtors as justification for declining to
answer most questions about their businesses, or to
discuss lawsuits they have filed.
The Goldstone brothers run separate companies,
but that wasn't always the case. In 1992, Daniel
Goldstone purchased a defunct collection law firm,
renaming it Goldstone & Sudalter, and for several
years Chad worked for Daniel, proving especially
adept at managing computer systems that have made
debt collection a highly efficient business. But in
1997 Chad Goldstone left the business to form
Commonwealth Receivables. By then, Goldstone &
Sudalter had been sued for bilking its largest
client, Sears, Roebuck and Co. out of more than
$800,000 - a case that would eventually lead to
Daniel Goldstone's disbarment.
(Read court documents related
to this case here.) Daniel Goldstone
established Norfolk Financial in 1999.
Even though they parted ways, the brothers remain
alike in many respects as businessmen. Both buy
delinquent credit card debt. Both employ similar
collection tactics. Both work with small staffs from
offices so poorly marked and out-of-the-way that
they are difficult to find.
And though they are among the top filers of
collection lawsuits in Massachusetts, neither
company is registered as required by law with the
state Division of Banks, which is charged with
oversight of debt collection companies. Through
their attorney, the Goldstones claim they are exempt
because they purchase the debts they try to collect,
and do not collect debts for other creditors. But
David J. Cotney, chief operating officer for the
Massachusetts Division of Banks, said every company
in the state that collects defaulted debt, including
Norfolk and Commonwealth, must be licensed. ''I
don't know what basis they would use to exclude
themselves,'' he said.
The Goldstones, as debt buyers, are part of a
growing trend that has transformed the collection
industry. As the number of deeply indebted consumers
has climbed, credit card companies and banks have
become increasingly likely to sell off their
uncollected accounts in bulk. Purchased by large
debt-buying companies, the accounts are then
repackaged and re-sold to smaller and smaller firms.
Daniel
W. Goldstone, at his collection agency,
Norfolk Financial Corp., was disbarred this
year. In 1996, a federal judge determined he
had bilked a client out of more than
$800,000.
(Read court documents
related to this case here.)
(Globe Staff Photo / John Tlumacki)
By the time local companies such as Commonwealth and Norfolk pick up
this kind of ''stale'' debt, they are buying it on
the cheap from firms that have tried and failed to
collect. It is their opportunity to make a profit
but it also presents a challenge. ''How can [they]
be successful where those who went before weren't?''
said Nicholas F. Ortiz, a consumer lawyer with a
lawsuit pending against Norfolk Financial. ''That's
where we come to seizing cars.''
Chad Goldstone said the debts he buys are
typically one or two years old, although
Commonwealth lawsuits examined by the Globe were
often for credit card debt that was four or even
five years old. Goldstone said he pays 6 or 7 cents
on the dollar for the accounts he buys - $60 or so
for a $1,000 debt - and generally collects 18-20
cents on the dollar.
Both brothers file nearly all their lawsuits in
small claims because the filing fee is capped at $40
and judgments come with greater speed and ease. Chad
Goldstone, with a staff of only six, estimated he
sues as many as 7,800 people a year and almost
always prevails - largely because more than 80
percent of the people he sues don't show up in
court. ''People ignore the letters and the phone
calls, and then we get a default judgment. That's an
ostrich mentality,'' he said.
Or, he added, it's a ''game of chicken,'' in
which Commonwealth keeps up the pressure until the
holdouts give in, scraping together a negotiated
amount, to avoid having their cars taken, or to get
a vehicle back.
Daniel Goldstone has filed nearly as many
lawsuits as his brother - about 22,000 over the last
four years. And he appears to have resorted to car
seizures at least as often.
Daniel Goldstone did tell the Globe last year
that he takes no pleasure in hooking cars: ''I find
it distasteful, seizing cars. ..... It is an avenue
of last resort,'' he said.
That claim would come as a surprise to many of
the debtors he has sued.
At 48, Joanne M. Johnson has been disabled with
severe depression for five years. She gets by,
barely, on a $739 disability payment. The one thing
the Leominster resident owns of any monetary value
is her midsize sedan, a 1996 Plymouth Breeze. It is
her only means of transportation to medical
appointments and to the thrift shops and food banks
she visits when she can't make ends meet.
In 2001, when Johnson became ill, she lost her job as a supervisor in
the packing department of a local manufacturing
firm, then defaulted on a credit card with a $500
limit. Norfolk stepped in, bought the debt, and in
2004 filed a lawsuit against her for $1,035 - the
debt plus three years' interest.
That's when the process went awry. When Norfolk sued, it supplied the
Leominster District Court with an address where
Johnson had never lived. The court put a hold on the
suit when the notices came back undelivered. But for
reasons court officials would not explain, the suit
was then allowed to go forward after another notice
was sent to Johnson - at the same wrong address. And
when Johnson didn't show up for her court date,
Norfolk automatically won.
Then, with a judgment in hand, Norfolk phoned
Johnson and told her to appear in court in early
February 2005 to work out a payment schedule,
according to Johnson. When she arrived, an attorney
was there to answer questions. Johnson said she
assumed he was a legal aid lawyer. In fact, he was a
lawyer for Norfolk Financial who, Johnson said,
never identified himself.
The lawyer asked her to fill out a financial
statement and then, before she could figure out what
was happening, she found herself before a judge.
''I told the judge that once my car was paid off,
I could pay $10 a month,'' she said. ''All he said
was, 'OK.' He stamped the paper and said, 'You're
finished.' Nobody looked at me and said, 'We're
going to take your car.'''
Notices
about Joanne Johnson's overdue credit card
debt were sent to the wrong address, and she
was never notified that her car would be
seized. (Globe Staff Photo / Michele
McDonald)
But that's what happened. On April 1, 2005, less than two months after
her court hearing, Worcester County sheriff's
deputies, who had no trouble finding Johnson's
correct address, appeared at her home at about 8
a.m. and took her car. To get it back, Johnson would
have had to pay a sheriff's fee, towing, and storage
charges and interest, in addition to the $1,000
court judgment. The tally: $1,380.
With the help of a legal aid lawyer, Johnson
filed for bankruptcy. But it was not until three
months later, after a bankruptcy court judge
threatened to jail the tow lot owner, that her car
was returned - damaged, says Johnson.
The trauma of losing her car sent Johnson into a
downward emotional spiral. Within a week, she became
suicidal, and checked in at the emergency room at
the HealthAlliance hospital in Leominster. Then she
was transferred by ambulance to a psychiatric ward,
where she spent two nights under a suicide watch.
While the record is clear that court papers were
not sent to Johnson's correct address, Daniel
Goldstone said that his company had met the legal
requirements for serving notice. As for the seizure,
he said: ''Norfolk provided the court's execution to
the office of the county sheriff, who caused Ms.
Johnson's car to be seized.''
For Audrey E. Anderson, a 71-year-old retired
Wellesley College teacher, dealing with Chad
Goldstone's company, Commonwealth Receivables,
turned into an annual nightmare, with Commonwealth
seizing her car three times - in 2001, 2002, and
2003.
But what the collection firm took from Anderson
wasn't just her 1995 Toyota Camry, she said. It was
a retiree's sense of independence. Because her car
was seized, Anderson had to lean on her 85-year-old
husband, Ezra, and friends, in ways she often found
humiliating. ''When you're a strong person and you
have your car taken, that's like losing your right
arm,'' she said. ''You can't do anything.''
Unlike Joanne Johnson, Anderson did receive a
notice from Framingham District Court to appear for
her initial hearing, on a debt of $2,019. But she
also received a letter from Commonwealth saying,
''Our representatives are willing to work with you
on this matter so that your appearance in court may
not be necessary.'' (Norfolk sends debtors letters
with nearly identical language.)
Anderson said she called to negotiate, started
making $50 monthly payments, and was again told she
might not need to appear in court. But when she
didn't show, Commonwealth won its case against her
by default. And when Anderson missed a payment
several months later, Commonwealth, armed with its
court judgment, sent constables and a tow truck for
her car.
If Anderson couldn't afford to pay off her
remaining debt, she also couldn't afford the $600
fee charged by the constable for taking her Camry,
she said. To get the car off the tow lot, Anderson
paid a $135 towing and storage fee, and entered into
two monthly payment plans: One to BayState Constable
Service Inc. and another to Commonwealth, making an
initial payment of $110 to each firm.
Anderson's records show she made some of those
monthly payments. But with a limited income based
largely on Social Security benefits, Anderson said,
she fell behind. And once again, Commonwealth had
her car towed.
Anderson managed to retrieve her car a second
time, scraping together a payment of $1,075 and
entering into another agreement to make monthly
payments to Commonwealth. But when she fell behind a
third time, the company took her car for good -
along with, she said,
Even
though retiree Audrey Anderson, 71, ended up
paying far more than her original debt, she
lost her car, seized by a debt collection
company, for good. (Globe Staff
Photo / Michele McDonald)
medication for her asthma, diabetes, and high blood pressure that she
had left in the vehicle. ''Can you re-seize this
one?'' the fax from Commonwealth to BayState read.
''You should have the original [documents].
Thanks!''
Even though Anderson shelled out a total of
$2,741 in debt payments, constable fees, and other
charges - more than the original debt - she would
never see her car again. Three years later, she
still doesn't know what happened to it. When the
Globe asked about its whereabouts, O'Connor,
Commonwealth's lawyer, would only say that the Camry
had been lawfully seized.
Yvonne W. Rosmarin, an Arlington attorney who has
sued both Goldstone brothers on behalf of other
consumers, said she believes it is unfair and
misleading for the Goldstones to suggest to debtors
that they do not have to go to court, without
telling them that they will automatically lose their
cases if they do not appear.
''The debtors work out payment plans, then there
are default judgments issued against them and their
cars are hooked,'' Rosmarin said. ''It seems to me
outrageous.'' Rosmarin also said she believes the
tactic is a violation of the federal Fair Debt
Collection Practices Act.
O'Connor, the Goldstones' lawyer, insisted that
the letters are ''in no way'' deceptive and that
they comply with federal law.
Losing a car is bad enough. But losing a car, a
house, and a job was what faced Michaelyn S. Rackley
and her husband, Raheem R. Weldon, in 2001, after
Norfolk Financial filed a lawsuit against Rackley -
and sent notice of the suit to the wrong address.
She lives in Athol. Norfolk sued her at an address
in Waltham.
Unlike Chad Goldstone, Daniel Goldstone often
goes after debtors' homes, as well as their cars.
Real estate records examined by the Globe show that,
over the last four years, Norfolk has put liens on
more than 1,000 homes throughout the state. Once a
lien is placed on a home, it cannot be sold or even
refinanced unless the lien holder is paid.
Norfolk filed its lawsuit against Rackley on May
1, 2001, for a $543 credit card debt. Court records
show that the notice sent to Waltham was returned
undelivered - which should have prompted the Waltham
District Court to demand a correct address from the
collector, or dismiss the lawsuit. Nonetheless, on
Aug. 13, 2001, Norfolk won an automatic judgment
against Rackley - because Rackley did not appear for
a hearing she knew nothing about.
Then last summer, Norfolk first came after
Rackley's car, and then her home.
The Worcester County deputy sheriffs and a tow
truck hauled 8away her 1998 Subaru Forester in June.
As a consequence, Rackley had to quit her job
delivering newspapers for the Worcester Telegram &
Gazette.
In July, Daniel Goldstone placed a lien on the
couple's Athol home. In October, Rackley had no
choice but to pay off the debt - $1,038, with
accumulated interest - when the couple went to
refinance their home.
But Rackley never got her Subaru back. After it
was seized, the storage charges mounted daily - all
the way to $5,600 by October. In December, Direnzo
Towing & Recovery of Millbury sold the vehicle to
recoup its costs, according to the Worcester County
sheriff's office.
Rackley has since filed a federal lawsuit against
Norfolk. And Norfolk has moved to have the suit
dismissed, asserting that all of Rackley's claims
''are meritless as a matter of law.''
Rackley said she's found the experience frustrating. Norfolk, she said,
is ''very underhanded. It's almost like they get a
list of names and pick one out of a hat and say,
'Okay, we're going after that one.'.''
And then there was the case of Marie Dimanche,
the Mattapan mother who awoke to a 6 a.m. visit from
constables working for Commonwealth Receivables.
Dimanche thought the debt Commonwealth was trying
to collect had been paid by Travelers Aid Family
Services, an agency for the homeless that had once
helped Dimanche find a place to live. An official
with the agency said it often provides financial
assistance to clients, paying off old debts and
restoring credit.
When Commonwealth rejected her explanation,
Dimanche's effort to keep her car off the auction
block became a race against time. Scrambling to
understand the legal actions that had been taken
against her, she filed a motion in November 2002 in
Boston Municipal Court, asking to have the court's
judgment against her lifted.
Dimanche, in her motion, said she never received
notice of Commonwealth's lawsuit because of the
outdated address the firm provided to the court. She
emphasized the urgency of her case: her car was to
be auctioned on Nov. 22.
The court responded by scheduling a hearing for
Dec. 5 - more than a week after the scheduled
auction. And on Nov. 22, her car was sold for $2,197
- about a third of the vehicle's market value,
according to the National Auto Dealer's Association
Used Car Guide.
Days later, on Dec. 5, a judge lifted the
judgment against Dimanche. But by then it was too
late. Dimanche resigned herself to bumming rides and
using the MBTA to get to work and take her daughters
to school. It was two years before she could afford
to buy another car.
But a reliable means of transportation wasn't the
only thing Dimanche and her children lost: Without
her car, Dimanche was unable to make use of a City
of Boston scholarship for computer training courses
in Quincy - training that Dimanche said would have
qualified her for a better-paying job at Sears, her
employer.
''They don't understand that they're altering
people's lives,'' Dimanche said of Commonwealth.
''It's not like you can just catch a ride and go on
like normal.''
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Dignity faces a steamroller
Small-claims
proceedings ignore rights, tilt to
collectors
This story was reported by
Spotlight team members Beth
Healy, Michael Rezendes, Francie
Latour, Heather Allen, and
editor Walter V. Robinson. It
was written by Healy.
Second of four parts | July
31, 2006
The
line for the metal detector crept
slowly at Brockton District Court on
the morning of April 12, 2005. Peter
Damon waited anxiously. He didn't
want to be late.
Finally, he hoped
to face down for good the debt
collector who had been hounding him
and his mother for more than two
years over a $980 credit card bill.
He'd had to miss his first scheduled
hearing in small-claims court a year
earlier, and a note in his file
explained why: ''Phone call from
defendant - he is in the Walter Reed
Army Medical Center in Washington,
D.C., upon return from Iraq and
losing both arms.''
A lot of things could have gone
Damon's way in the wake of that
phone call. None did.
The clerk who took the call could
have advised Damon that, under
federal law, he could delay the case
while he recovered.
The court could have challenged
the debt collector, Norfolk
Financial Corp., about the claim in
its lawsuit that Damon was not a
soldier - a claim made under
penalties of perjury.
And a clerk should have simply
dismissed the case when Damon,
having recovered sufficiently to
take a $400 flight home from the
hospital, arrived for a hearing in
September of 2004, only to find the
collection lawyer unprepared.
But such simple justice was
denied Damon, as it is thousands of
other debtors when they come up
against the lowest level of the
state court system.
The ''people's court'' has become
the collectors' court, a Globe
Spotlight Team investigation has
found. It is a de facto arm of a
fast-growing and aggressive industry
that has swamped court dockets with
lawsuits - cases that often lead to
threats of jail for debtors.
Created to provide a low-cost,
level playing field for citizens
with disputes of $2,000 or less, the
small-claims courts have mutated
into a system that often ignores
individual rights and shows
favoritism toward collectors and
their lawyers. On some days, indeed,
collection lawyers appear to be in
charge - with no oversight by
judicial officials.
Dignity faces a
steamroller
Small-claims proceedings ignore
rights, tilt to collectors
This story was reported by Spotlight team
members Beth Healy, Michael Rezendes, Francie
Latour, Heather Allen, and editor Walter V.
Robinson. It was written by Healy.
Second of
four parts | July 31, 2006
The line for the metal
detector crept slowly at Brockton District Court on
the morning of April 12, 2005. Peter Damon waited
anxiously. He didn't want to be late.
Finally, he
hoped to face down for good the debt collector who
had been hounding him and his mother for more than
two years over a $980 credit card bill. He'd had to
miss his first scheduled hearing in small-claims
court a year earlier, and a note in his file
explained why: ''Phone call from defendant - he is
in the Walter Reed Army Medical Center in
Washington, D.C., upon return from Iraq and losing
both arms.''
A lot of things could have gone Damon's way in
the wake of that phone call. None did.
The clerk who took the call could have advised
Damon that, under federal law, he could delay the
case while he recovered.
The court could have challenged the debt
collector, Norfolk Financial Corp., about the claim
in its lawsuit that Damon was not a soldier - a
claim made under penalties of perjury.
And a clerk should have simply dismissed the case
when Damon, having recovered sufficiently to take a
$400 flight home from the hospital, arrived for a
hearing in September of 2004, only to find the
collection lawyer unprepared.
But such simple justice was denied Damon, as it
is thousands of other debtors when they come up
against the lowest level of the state court system.
The ''people's court'' has become the collectors'
court, a Globe Spotlight Team investigation has
found. It is a de facto arm of a fast-growing and
aggressive industry that has swamped court dockets
with lawsuits - cases that often lead to threats of
jail for debtors.
Created to provide a low-cost, level playing
field for citizens with disputes of $2,000 or less,
the small-claims courts have mutated into a system
that often ignores individual rights and shows
favoritism toward collectors and their lawyers. On
some days, indeed, collection lawyers appear to be
in charge - with no oversight by judicial officials.
Debtors often feel intimidated in this arena, and
with reason. The system is tilted against them. And
150 years after the state's last debtors' prison was
shuttered, some, even now, find themselves locked up
for failing to pay. A Brockton man, for example, was
imprisoned for four weeks over last Christmas.
More commonly, the threat of jail is a scare
tactic, another way to force quick results in this
rubber-stamp system, where the supreme priority in
many courts is to move the flood of collection cases
along - with little regard for the merits, or the
dignity of individual defendants.
As he reached the head of the security line that
April day, Damon's new prosthetic arms, clearly
visible in his Johnny Damon baseball shirt, set off
the metal detector. By the time the 33-year-old
veteran got to the hearing room, he was two minutes
late. Tentatively, he approached the desk of the
assistant clerk-magistrate.
''Yes?'' said the clerk, William J. Martin 3d.
Damon stammered out his name, at which Martin
snapped, ''This is not the time for that,'' and then
scolded, ''Have a seat. I don't know what possessed
you to do that.''
Damon ultimately won that day, when Norfolk's
lawyer suddenly offered to dismiss the case. Martin
obliged: ''Dismissed,'' he said, never glancing up
from his desk.
In his victory, Damon was one of the lucky ones.
A Globe review of proceedings and records in 20 of
the state's 70 small-claims courts found that court
officials and collection lawyers routinely break
court rules, almost always to the detriment of the
defendant. Collectors are almost never asked to
prove the debts they claim; defendants are rarely
informed of their rights. And debtors, usually too
strapped to afford a lawyer, must contend with this
legal mismatch alone.
Russell Engler, a professor at the New England
School of Law who studies the way people are treated
in civil court, said unrepresented parties often get
steamrolled. While it can be tricky for
clerk-magistrates and judges when only one side has
a lawyer, he said, those are precisely the cases in
which court officials should act to redress the
imbalance.
''You have a system that is supposed to be
accessible to ordinary people,'' Engler said.
''Instead, it's operating as a swift tool for
corporations with power and with lawyers.''
The chief justice of the district court system,
Lynda M. Connolly, expressed surprise, during a
February interview with the Globe, at the extent to
which corporate debt collectors have come to
dominate small-claims sessions. Some of the abuses
described to her by the Globe were, she said later,
''horrific.''
Diane Albertson's experience in court was nothing
short of humiliating.
A 50-year-old mother and nursing student, Albertson stood before Judge
Thomas Barrett in Brockton District Court on Feb. 7,
called to account for a $438 oil bill that she
believed, mistakenly, she had paid. She admits she
had been sloppy about the matter, missing court
dates twice, in the crush of family and school
obligations. And after an initial court judgment
against her, she sent a check to satisfy the debt,
but stopped payment on it.
That made the plaintiff, Stanley Litchfield of
Scudder Fuel, angry - and understandably so. The
firm had waited more than a year to be paid. But
even he was shocked at what the judge did that day.
''Take your rings off,'' Barrett said, according
to the court's audio transcript of the hearing.
''All of my jewelry?'' Albertson replied in
dismay. ''I can't give you my wedding ring.''
''Let me see it,'' Barrett said, ordering her to
approach the bench and splay her hands before him.
He then told her sternly to remove the other rings,
including her diamond and amethyst engagement ring,
and her earrings.
''Are you serious?'' Albertson asked, near tears.
''We'll hold them until the debt's paid,''
Barrett said. ''Either that or I'll incarcerate you.
Do you want me to incarcerate you?''
Albertson handed over her jewelry, keeping only
the thin gold band on her left ring finger. A
bailiff sealed them in a plastic bag, where they
would stay for a month.
Engler, the law professor, called Barrett's
behavior ''outrageous.''
''Litigants are supposed to be able to be heard
and be treated with respect,'' Engler said. ''The
judge sets the tone for everything.''
Humiliations large and small are an everyday
reality in many Massachusetts small-claims courts.
Often, debtors are treated with less courtesy than
the accused felons in the criminal court across the
hall, and their rights are less respected.
Examples abound:
In Quincy District Court, a clerk-magistrate
barks at defendants packed into a cramped room
if they don't reply loudly enough to the call of
their names. In New Bedford, collection lawyer
Martin Odstrchel calls the name of an older
woman who has been waiting in line for two
hours; as she hobbled toward him, leaning on her
cane, he admonishes, ''Hurry up.''
In Worcester, more than 60 people summoned
for civil debt collection cases sit in a large
courtroom that says ''Criminal'' over the door.
The noise from the adjacent lockup is so loud it
drowns out the magistrate as she calls out the
list of lawsuits. Angrily, she shouts for quiet,
not realizing the noise is coming from the
prisoners; the cowed debtors on the benches
before her are silent.
And in Lowell District Court, on the Tuesday
before Christmas, an assistant clerk-magistrate
calls debtors up to her desk, one by one, to
review their promises to pay. She then warns
every one: ''If you don't pay, you could be
found in contempt, and you could go to jail.''
Connolly, the district court chief, said it's
reasonable for court officials to inform debtors of
the worst-case scenario. But pressed as to whether
the courts ought to issue jail threats, Connolly
said, ''Let's be very clear: It is not appropriate
for anybody to threaten anybody, in small claims or
any place else.''
Yet such threats are a common tool, both in
small-claims court and in the district court civil
sessions, which handle debt cases between $2,000 and
$25,000.
Last year, Jack Fraioli, the owner of a small,
struggling cleaning enterprise, was called before a
judge in Dedham District Court after falling behind
on payments he'd promised to make to a vendor. His
$9,000 debt had ballooned to nearly $12,000, with
interest and fees. Fraioli's wife was ill and the
family's cars had been towed three times by debt
collectors. After being badgered in the court
corridor by a collection lawyer, Hindell S.
Grossman, he agreed to pay $250 a month, even though
he knew that would be a stretch.
In the courtroom, Judge Sarah B. Singer reviewed
the agreement and warned Fraioli of the serious
import of his promise to pay.
Alex Colon of New
Bedford (far right) and others waited more
than three hours to square away their debts
in New Bedford District Court. Debtors often
face dismissive treatment. (Globe Staff
Photo / John Tlumacki)
''It's not a promise to get this lady off your back,'' she said,
referring to Grossman. ''Pay the money or go to
jail.'' She added, ''That's a result no one in this
room wants to see.''
Judges regularly hear debt cases in civil court,
but in 1993, the responsibility for small-claims
cases was turned over to clerk-magistrates. Today,
judges get involved in small claims mainly when
people ignore judgments against them. That can make
cases sent to judges more highly charged, observed
Jason David Fregeau, a consumer lawyer in
Longmeadow. Some judges, he said, ''tend to treat
people who owe debts like criminals.''
The sheer volume of cases seems to encourage
rough or dismissive treatment of defendants, the
Globe found. There were nearly 122,000 small claims
filed in 2005 in Massachusetts, marking an 11
percent rise over the past decade. Meanwhile, court
budgets have been slashed and court staff reduced by
14 percent since 2000. Officials say there's barely
time to get through the docket, much less attend to
the considerations behind each claim.
''It is not unusual, given the extraordinary
number of cases before our district courts, that the
urgent overwhelms the important,'' Connolly said.
''We can do better.''
Connolly, after the February interview with the
Globe, appointed a panel to review the small-claims
courts, convened a training session for clerks and
judges, and is studying ways to make defendants more
aware of their rights and to curb the influence of
collection lawyers. One early change: Court
officials have been told to be sure debtors do not
agree to make payments out of their government
assistance checks.
'If we see areas that we can improve, then we
will make those improvements,'' said Connolly, who
became chief justice two years ago. ''I am committed
to doing that.''
The courts don't track the number of cases filed
by debt collectors. But the Globe, after
hand-counting cases in the state's computer system,
interviewing numerous clerks and judges, and
attending dozens of hearings, determined that at
least 60 percent of all cases funneled through the
civil courts are brought by professional collectors.
One credit card firm, Capital One Financial Corp.,
filed more than 38,000 small-claims lawsuits against
Massachusetts consumers in the last four years.
At Boston Municipal Court, the state's busiest small-claims court,
roughly 85 percent of the lawsuits are brought by
companies collecting old debts, according to Kevin
F. Callahan, first assistant clerk-magistrate for
the civil division. The downtown court has handled
40,000 small claims in five years; it gets so many
suits from Norfolk Financial, Commonwealth
Receivables Inc., Filene's, and NStar that it had
ink stamps made for each one.
At a cost of just $40 to file a lawsuit for any
amount up to $2,000, debt collectors find a bargain
in Massachusetts small claims. A victory in court
lets them pursue a debt for up to 20 years, and earn
12 percent annual interest on it - a rate that's
matched or exceeded in only five states. The
Legislature hasn't adjusted that rate since the
1980s.
''We're sophisticated collection agencies for
these people,'' Callahan said. ''This is a lucrative
business for some. ..... I hate it.''
It isn't just the indulgence of court officials that makes winning
these cases so easy for debt collectors. The
defendants also do their part: About 80 percent of
people sued for debts in Massachusetts courts fail
to show up at all, according to the estimates of
clerks and lawyers and the Globe's observation.
There are many reasons for that. Some people
ignore letters from collectors and the court, the
sort of carelessness that got them in trouble in the
first place. Others know they owe money, but can't
easily get time off work.
Still others never receive notice of the court
date. In Massachusetts, notices of lawsuits are sent
by first-class mail to the address supplied by
collectors. Often these addresses are out of date,
yet the courts assume the defendant was notified
unless the letter is returned. This is
At 8:30
one recent morning, nearly 100 people who
owed money waited in line to settle their
debts in New Bedford District Court. (Globe
Staff Photo / John Tlumacki)
a flawed system, the Globe found in a test: Of 100 letters sent to the
same person at incorrect addresses across the state,
just 52 came back marked ''return to sender'' by the
post office; the other 48 simply went missing.
(See some of the returned
envelopes here.) A backup requirement
that debtors receive notice by certified mail was
dropped two years ago as a cost-saving measure.
Even when properly delivered, the notice sent to
defendants would confuse almost anyone. The debtor's
instructions are listed in tiny, faint type on the
back of the form, and are in many ways misleading.
For example, they say that plaintiffs must prove
their claims - something that never occurred during
the many hearings attended by the Globe. They also
fail to warn defendants of the serious consequences
of failing to appear: The collector automatically
wins, gaining the right to seize property, garnish
wages, put a lien on a home, or get a civil arrest
warrant to have the defendant hauled into court.
(See the debtors' instructions
with notes here.)
Even defendants who do show up tend to lose most
of the time, and for a simple reason - they owe the
money, or at least part of it. But many cases that
could be contested are not. With a little
information, and pluck, lawyers say, many defendants
could turn the tables against the collectors by
demanding that they produce evidence of the debt.
''You have rights, too. It's not just the
creditor,'' said Joseph B. McIntyre, a collection
lawyer in New Bedford.''But you've got to be brave
enough to vindicate your rights.''
Most people simply settle, he said, and the work
flow of the court system is built on that
assumption. ''They'd have a problem if everybody
wanted a trial,'' he said.
Margaret A. Donnelly, an 85-year-old widow from
Duxbury, is one who fought back.
Living on Social Security and suffering from
congestive heart disease, Donnelly was barely making
ends meet in the summer of 2004. Struggling to cover
the cost of her medications and her electric bills,
she said she was stunned when a Plymouth County
deputy sheriff appeared at her door with a warrant
for her arrest. He said she had been sued for $1,471
and had missed her court date.
It was an old fight with Chase Manhattan Bank
over a Visa card coming back to haunt her, one she
thought had long since been resolved. Determined to
set the matter straight, she went to Plymouth
District Court on June 1, 2004, and, on her own,
filed a motion to remove the judgment against her,
despite pressure from court officials to get it over
with and pay.
''It's absolutely appalling,'' Donnelly said.
''The people who tell you to 'Just pay it.'. ''
At a July hearing, the collection law firm Lustig,
Glaser & Wilson asked the court for more time to
gather evidence to support its claim -- a common
request as debt collectors often start with limited
information about the debt owed. In the meantime,
the court allowed the firm to put a lien on
Donnelly's condominium.
Nearly a year and two trips to court later, Donnelly was still
demanding proof, and Lustig, Glaser could produce
none. Finally, in June 2005 the law firm threw in
the towel and the case was dismissed.
The managing partner of the law firm, Kenneth C.
Wilson, said he could not comment on the Donnelly
matter because federal and state laws bar discussion
of debt cases with outside parties.
Clerks routinely give plaintiffs the benefit of
the doubt. And basic questions of fact are rarely
asked or answered: Might the plaintiff's claim be
false or overstated? Might they be after the wrong
person?
Yes, they might. George Rodrigues of New Bedford
twice had to go to court over a $1,665 NStar bill
that was not his. Both times, the DHL driver had to
take time off work, costing him $200 a day, to
convince the court it had the wrong guy.
The NStar debt belonged to a different George
Rodriguez - ending with a z. The fellow NStar was
after was 21; Rodrigues is twice his age. But in
court, it was Rodrigues who faced the burden of
proving he was innocent. ''How many times can I show
them my information?'' Rodrigues asked.
The clerk would not accept Rodrigues's proof of
his identity; he insisted on a hearing, at which
NStar's lawyer finally dropped the case.
This is the way it was meant to be in
small-claims courts: two people without lawyers
facing one another. But reality has outstripped that
notion. Defendants hardly ever have lawyers, while
the corporate plaintiffs always do.
And the collection lawyers sometimes seem to
direct the sessions.
In Framingham District Court last Sept. 14, the
clerk's chair sat empty for 15 minutes after the
scheduled 1:30 start of the session. Two collection
attorneys moved to fill the gap, starting at 1:20.
With clipboards and stacks of paperwork, they stood
at the front of the courtroom, calling out
defendants' names and asking them to come forward.
They negotiated some cases and scheduled others for
future dates, with no clerk present.
One defendant, Loretta Jenkins, was there on her
lunch break. She discussed her debt with a lawyer,
whom she thought was a district attorney. The lawyer
told her not to bother waiting for the magistrate,
but to ''get this over with and get back to work.''
So she signed a payment agreement and left.
By the time clerk-magistrate Thomas J. Begley
entered the courtroom, the majority of the cases had
been dispensed with. There was no one to ensure that
the defendants had not been pressured into payments
they could ill afford.
Judge Connolly, speaking generally, defended the
right of litigants at any level of the court system
to settle their differences without the supervision
of a clerk or judge.
But Engler, the New England School of Law
professor, said lawyers too often take advantage of
debtors in such unsupervised conversations. It is,
he said, ethically improper for plaintiff lawyers to
advise debtors what to do. And it's up to the courts
to monitor this behavior. ''The court has to give it
something other than a rubber stamp,'' he said.
Begley, in an interview, said he didn't know that
defendants were confused about the role of the
lawyers. Subsequently, on April 25, he posted a
letter to attorneys in his court, telling them not
to speak to defendants before the start of hearings
and requiring all parties to stay until their
payment deals are reviewed. ''We won't accept any
further agreements until we see both parties,'' he
said.
But when it comes to specifically informing
debtors of their rights, most clerks say they want
to avoid any appearance of advocacy. They therefore
feel it's not proper to tell debtors they can
dispute a debt or demand documentation of it. Or
that if they are on public assistance, they can't be
forced to use that money to satisfy a judgment.
Only at the Boston Municipal Court did the Globe
observe a clerk carefully questioning defendants
about their ability to pay. At one session,
assistant clerk-magistrate Patrick F. Mullaney asked
each debtor whether he or she had a
Roslyn A. Bakst leaves the New Bedford
District Court, where she and her
husband, attorney Arthur M. Bakst, work
to collect debts. (Globe Staff
Photo / John Tlumacki)
job and could truly afford the payments they were agreeing to make. He
asked if they were on any kind of public assistance,
and if so, told them the case would be dropped for a
year.
''One part of the government is giving them
something to get by,'' Mullaney said. ''It doesn't
seem to make sense that another part of the
government is ordering them to pay money.''
Even the plaintiffs' lawyers at Boston Municipal
ask defendants if they have the means to pay,
because Mullaney requires them to do so.
Connolly said the courts must rely on the ''good
faith'' of the lawyers who appear before them to
uphold the rules. But, with so many unrepresented
debtors going up against lawyers, she acknowledged,
''There's an imbalance there. There's no ifs, ands,
or buts about it.''
That imbalance is exacerbated by another
widespread practice in debt cases - the use of
''covering'' attorneys.
These are legal practitioners who are paid small
sums by collection firms to raise their hand and say
''here'' when a case is called. They appear at
courts around the state, often representing as many
as a dozen plaintiffs in a single session. And they
typically know only the barebones facts of a given
case, a name and the sum that's supposedly owed.
Covering lawyers usually don't need to know more;
they're simply there to collect default judgments
against people who don't show up. On a busy day last
September in Lowell, for instance, a handful of
covering lawyers had only to say ''plaintiff'' for
the record 132 times. Their work was done in 90 of
those cases, because the defendants did not appear.
In a system where defaults are rampant, and where debtors in many
courts are presumed to owe the money, some clerks make it part of
their job to assist plaintiffs - even those who skip hearings -- in
ways that flout court rules.
It is a common scene in the windowless, basement room in New
Bedford District Court, where assistant clerk-magistrate Thomas W.
Alfonse often runs overflowing small-claims sessions. When a
plaintiff fails to respond to the call of a lawsuit, Alfonse
routinely prompts Joseph McIntyre, New Bedford's lead covering
lawyer, to pick up the case - even though, under the rules, such
cases should be dismissed.
During one busy session last fall, Alfonse asked, ''Anyone want
to answer for Mr. Bakst?'' referring to a lawyer not present that
day. McIntyre said he would pick up the case. When no one spoke up
to cover a Sovereign Bank lawsuit, McIntyre jumped in: ''I'll answer
for them.'' Similarly, on a Bank of America case, Alfonse coached,
''That's Daniels's office.'' Again, McIntyre obliged. And when a
lesser-known firm, Natco, had its suit called, and no one responded,
Alfonse asked McIntyre to represent the no-show plaintiff.
''My incentive is volume,'' said McIntyre, a former state
legislator, in an interview. He answers for up to 10 plaintiffs a
day and makes $15 to $20 per case.
The Natco case illustrates two common abuses of the system.
First, the case should have been dismissed when the plaintiff did
not appear. Second, Alfonse violated court rules when he granted
McIntyre a postponement, because the lawyer was, not surprisingly,
unprepared to try the case.
Clerks routinely grant these delays, called continuances, when
plaintiff lawyers say they need time to prepare. Defendants are
almost never shown such deference.
Kiriakos Stergiotis and his wife, Phyllis, owners of a pizza
shop, who had been sued by Natco, were outraged that the case was
postponed: ''If they want to bring you to court and they expect you
to be there, they should be here too,'' Phyllis Stergiotis said.
Peter Damon, with
his wife Jenn, lost his arms while serving in Iraq, but
faced scorn and frustration in court while contesting a
collection firm's claim.
(Read court documents related to
this case here.)
(Globe Staff Photo / Michele McDonald)
Asked in an interview why he didn't dismiss cases when neither the
plaintiff nor its lawyer appeared, Alfonse said, ''It's more paper,
more court dates. It's better if we work it out today, for
everybody.''
In the case of Damon, the Iraq veteran, the court allowed
Norfolk's covering lawyer a continuance even after Damon had flown
home from Washington for the 2004 hearing. When the Globe asked
Martin, the clerk in the case, why he allowed the delay, he said,
''If Peter Damon had no idea that he could object to a continuance,
it's not the clerk's responsibility to tell him.''
Judge Connolly, in a letter to the Globe, pointed to the text of
the state standards for small-claims proceedings, which strongly
discourage such continuances. It says: 'If the attorney isn't
prepared to prove his or her case, the matter should be
dismissed...unless there is a showing of good cause.''
Martin also said it was not his job to question why Norfolk had,
under oath, indicated to the court that Damon was not in military
service.
Norfolk President Daniel W. Goldstone, in a letter to the Globe,
said he did not know Damon was in the Army. But Damon and his mother
say they told Norfolk debt collectors many times that he was
deployed to Iraq and then in a military hospital.
Paying with freedom
The ultimate threat in debt cases is jail time for failure to pay.
It is a threat routinely used by court officials, lawyers, and
constables to force compliance by defendants.
At New Bedford District court last November, a constable who had
brought debtors in under threat of arrest was haranguing several of
them in the hallway. One woman, Deborah Medeiros, owed $700 to an
auto salvage company. The constable, Trent Roderick, told her to
come up with the money, or he'd send her before a judge who might
lock her up.
''I'm going to jail,'' Medeiros sobbed, tears flowing down her
face. In a panic, she called her father, who came to court with the
cash.
Paul A. Fournier, a covering lawyer in several western
Massachusetts courts, warns debtors in the hallway in Springfield
District Court that they'll be incarcerated if they lie on court
forms. And, he said, jail threats can be effective. Some judges, if
they have trouble with debtors, he said, ''will put the cuffs on
them and make a big show of it, and the money comes out from
everywhere. The relatives come out and everything.''
Marc Marcelin, a 53-year-old Haitian immigrant, didn't get to his
relatives in time.
On the morning of Dec. 13, two constables arrived at Marcelin's
home in Brockton. They handcuffed him and drove him to Quincy
District Court, where he sat in the lock-up of one of the state's
dingiest courthouses for nearly six hours. About 3 p.m., he was
called before Judge Mark S. Coven.
''So, you haven't come up with the money?'' Coven asked.
Marcelin was being sued by Madeline Cordon of Randolph, for
failing to do a contracting job. She had paid him $2,000 to put
vinyl siding on her house. He did two days' work but then didn't
return her calls for six days - facts that Marcelin, in an
interview, did not dispute. Cordon sued him, and Marcelin twice
failed to show up for court.
Marcelin was no stranger to the court system, having faced
charges years earlier for using drugs. But that was not the matter
before the court on this day. Indeed, he had no idea how high the
stakes were when he left home that morning. Standing before Coven,
Marcelin told the judge his sister was supposed to be coming to
court with money.
''Is she coming today?'' Coven asked twice, according to an
audiotape of the session. Marcelin was not sure.
Marc Marcelin wore
shackles and handcuffs as he was escorted into a
courtroom in Quincy District Court, having been jailed
for four weeks over a $2,300 debt.
(Read court documents related to
this case here.) (Globe Staff
Photo / John Tlumacki)
Coven told him he was being found in contempt of court and ordered,
''that you be held at the Dedham House of Correction to be released
upon payment of $2,300,'' including fees and interest.
After a long silence, Coven asked, ''Do you understand that?''
Under the law, a judge can fine a debtor $200 for contempt, or
put him in jail for up to 30 days. Coven did not give Marcelin a
chance to contact a lawyer, as the Massachusetts court standards
recommend. There is no constitutional right to a lawyer in civil
cases.
When Marcelin's sister called the court that day to arrange
payment to free him, she said, a clerk told her ''not to bother,''
because he also owed money in Brockton District Court. The clerk
made the same comment about Marcelin's situation to a Globe reporter
that day.
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Enforcers' might
goes unchecked
This story was reported by Spotlight Team
members Michael Rezendes, Beth Healy, Francie
Latour, Heather Allen, and editor Walter V.
Robinson. It was written by Robinson and
Rezendes.
Third of four
parts | August 1, 2006
They have the power to take your car, your money,
and sometimes your freedom. And they bring some
uncommon credentials to the job.
Consider these resume highlights:
Kenneth J. Dorsey: Manager of a Jamaica Plain gin
mill. Ran illegal gaming operation. Busted by Boston
Police. Rifle and shotgun confiscated. Guilty plea,
1994.
Kevin J. Dalton: Plymouth County deputy sheriff
until 2001. Fired after State Police probe into
alleged shakedown of a company seeking a contract
with the sheriff's department, an accusation he
denies.
Constance M. Sorenson: Filed for bankruptcy in
2003 with $47,000 in delinquent credit card debt.
Fined for punching a woman in the mouth outside a
bar. Arrest warrant pending for failure to pay $100
fine in another case. Along with that baggage,
Sorenson, Dalton, and Dorsey also carry badges - as
officers in the murkiest backwater of the
Massachusetts law enforcement community. They earn
their keep as constables, independent operators
appointed by cities and towns to serve court papers
and execute court orders.
In Boston alone there are 186 of them, and Mayor
Thomas M. Menino has given arrest powers to every
one, including Dorsey and 87 others with criminal
arrest records for offenses including firearms
violations, indecent assault and battery on a child,
and impersonating a police officer. Seven have been
appointed in spite of guilty verdicts, among them
one convicted twice in the last four years of
beating his wife.
(See a full list of crimes
that Boston constables have been arrested for here.)
Constables are an odd, anachronistic leftover
from colonial days. No training is required, no
oversight is provided, and no state agency keeps
track of their identities, much less their numbers -
an estimated 1,500 to 2,000 statewide.
Yet many among them, including Dorsey, Dalton,
and Sorenson, are foot soldiers for the most
aggressive debt collectors in Massachusetts. They
make their money by night, or at first light, with a
frightening thump on the door, seizing cars by the
thousands from intimidated debtors who have missed,
or ignored, court orders to pay their creditors.
Most constables prefer to knock politely during
daylight hours to deliver subpoenas and the like for
their $35 or $40 fee.
But their more aggressive colleagues do much,
much better than that, thanks to a 1990 amendment to
state law that allows them to charge whatever they
like for auto seizures. The result is price-gouging:
Constables charge debtors between $600 and $900 to
accompany the tow truck that arrives to hook a car.
The fee used to be capped at $25.
When debtors cannot raise the cash to pay the
debt and the seizure fees, their cars are sold at
auction. Here again the constables are part of the
game: Proceeds of the auction are split among the
constable, the tow lot, and the creditor. Almost
always ignored, the Globe found, is a state law
requiring that the first $700 of the sale proceeds
be returned to debtors.
In this obscure trade, constables have some
well-armed competitors: the county deputy sheriffs,
who sit one short rung up the law enforcement ladder
and have grabbed an increasing share of the
business. For sheriffs, too, the pursuit of a payout
can sometimes take precedence over fairness. In one
case earlier this year, two deputy sheriffs in
Worcester County threatened to arrest a woman who
stood between them and her car - waving bankruptcy
papers that should have exempted it from seizure.
Nonetheless, she lost her car for 10 weeks.
Since 2001, sheriff's departments in just five
counties - Worcester, Norfolk, Bristol, Plymouth,
and Middlesex - have seized about 2,500 cars for
debt collectors, most often for a fee of $600 per
car. And like constables, they rarely tell debtors
they are entitled to the first $700 from the sale of
a seized auto.
Enforcers' might goes unchecked
This story was reported by Spotlight Team members Michael
Rezendes, Beth Healy, Francie Latour, Heather Allen, and editor
Walter V. Robinson. It was written by Robinson and Rezendes.
Third of four parts | August 1, 2006
They have the power to take your car, your money, and sometimes
your freedom. And they bring some uncommon credentials to the job.
Consider these resume highlights:
Kenneth J. Dorsey: Manager of a Jamaica Plain gin mill. Ran
illegal gaming operation. Busted by Boston Police. Rifle and shotgun
confiscated. Guilty plea, 1994.
Kevin J. Dalton: Plymouth County deputy sheriff until 2001. Fired
after State Police probe into alleged shakedown of a company seeking
a contract with the sheriff's department, an accusation he denies.
Constance M. Sorenson: Filed for bankruptcy in 2003 with $47,000
in delinquent credit card debt. Fined for punching a woman in the
mouth outside a bar. Arrest warrant pending for failure to pay $100
fine in another case. Along with that baggage, Sorenson, Dalton, and
Dorsey also carry badges - as officers in the murkiest backwater of
the Massachusetts law enforcement community. They earn their keep as
constables, independent operators appointed by cities and towns to
serve court papers and execute court orders.
In Boston alone there are 186 of them, and Mayor Thomas M. Menino
has given arrest powers to every one, including Dorsey and 87 others
with criminal arrest records for offenses including firearms
violations, indecent assault and battery on a child, and
impersonating a police officer. Seven have been appointed in spite
of guilty verdicts, among them one convicted twice in the last four
years of beating his wife.
(See a full list of crimes that Boston
constables have been arrested for here.)
Constables are an odd, anachronistic leftover from colonial days.
No training is required, no oversight is provided, and no state
agency keeps track of their identities, much less their numbers - an
estimated 1,500 to 2,000 statewide.
Yet many among them, including Dorsey, Dalton, and Sorenson, are
foot soldiers for the most aggressive debt collectors in
Massachusetts. They make their money by night, or at first light,
with a frightening thump on the door, seizing cars by the thousands
from intimidated debtors who have missed, or ignored, court orders
to pay their creditors.
Most constables prefer to knock politely during daylight hours to
deliver subpoenas and the like for their $35 or $40 fee.
But their more aggressive colleagues do much, much better than
that, thanks to a 1990 amendment to state law that allows them to
charge whatever they like for auto seizures. The result is
price-gouging: Constables charge debtors between $600 and $900 to
accompany the tow truck that arrives to hook a car. The fee used to
be capped at $25.
When debtors cannot raise the cash to pay the debt and the
seizure fees, their cars are sold at auction. Here again the
constables are part of the game: Proceeds of the auction are split
among the constable, the tow lot, and the creditor. Almost always
ignored, the Globe found, is a state law requiring that the first
$700 of the sale proceeds be returned to debtors.
In this obscure trade, constables have some well-armed
competitors: the county deputy sheriffs, who sit one short rung up
the law enforcement ladder and have grabbed an increasing share of
the business. For sheriffs, too, the pursuit of a payout can
sometimes take precedence over fairness. In one case earlier this
year, two deputy sheriffs in Worcester County threatened to arrest a
woman who stood between them and her car - waving bankruptcy papers
that should have exempted it from seizure. Nonetheless, she lost her
car for 10 weeks.
Since 2001, sheriff's departments in just five counties -
Worcester, Norfolk, Bristol, Plymouth, and Middlesex - have seized
about 2,500 cars for debt collectors, most often for a fee of $600
per car. And like constables, they rarely tell debtors they are
entitled to the first $700 from the sale of a seized auto.
'Don't argue with us'
Marie LoConte had her close encounter with constables shortly after
midnight on July 28, 2004, when her doorbell rang.
LoConte, 41, made her way down the stairs from her second-floor
apartment and found three men wearing blue uniforms and badges.
''They looked like police officers. I thought they were,'' LoConte
said. One of them, she recalls, was tapping his nightstick in the
palm of his hand while another informed her they were there to seize
her 1997 Ford Thunderbird for an unpaid credit card debt.
''Don't argue with us,'' she heard him say.
Terrified, LoConte said, she called Taunton police, who offered
little sympathy. The constable brandishing the nightstick was
playing by the rules, she says she was told, as long as he didn't
hit her with it. ''I didn't sleep all that night. I couldn't stop
crying. I was shaking,'' LoConte said.
LoConte is disabled as a result of lupus and Crohn's Disease. She
lost her cleaning business more than a decade ago, and, by 2000, had
stopped making payments on a $430 Providian credit card balance. She
wound up paying $1,758, draining her savings and borrowing from a
friend, to erase the debt and get her car back.
Of that, $158 went to the tow lot, which kept her car for a day,
and $800 to the constables, dispatched by Sorenson's firm. To ransom
the car, LoConte had to drive 70 miles to Sorenson's office in
Chelmsford to pay her bill, then another 55 miles to a Bridgewater
tow lot.
For Jeanmarie Fitzpatrick, the constable's visit was even more
costly. An $800 constable's fee would have seemed a bargain to her.
When Dorsey, the former bar manager turned constable, arrived at
her door last Dec. 14, he demanded $1,250 in fees for seizing her
2000 Dodge Neon.
Fitzpatrick, a 37-year-old single mother who lives in South
Boston's D Street public housing project, was about to drive her
three children to school when Dorsey drove up and blocked her car.
Fitzpatrick figured it must be something to do with unpaid parking
tickets; she said she
Marie LoConte of
Taunton ran into debt problems after she became
disabled. To get back her car, seized for a $430 credit
card bill, she paid $1,758, including $800 in constable
fees.
(Globe Staff Photo / Michele McDonald)
had no idea there were court judgments against her for two delinquent
credit card accounts, totaling $3,800. That's because Norfolk
Financial Corp., the debt collector who sued Fitzpatrick, had given
the court the wrong address. She says she was never notified of the
lawsuit, and a Globe check of court and public records shows she's
right.
''They went out of their way to find my car but they didn't go
through the trouble to find my address'' to notify me about the
lawsuit, Fitzpatrick said. ''That's what kills me.''
Dorsey, she said, turned aside her tearful plea that he wait to
take her car until she could drop the children at school.
Dorsey's fee for having her car hauled away: $625. But since he
was holding two pieces of legal paper for taking just one car, he
demanded $1,250. The car was sold at auction for just $1,000, even
though it had a resale value of about $4,000.
''It's a week before Christmas. I have three kids,'' Fitzpatrick
said. ''These people have absolutely no heart.''
Dorsey, asked in an interview why he demanded twice the normal
$625 fee, said: ''It was two different cases.'' If he had handled
them separately, Dorsey contended, he would have been justified in
seizing her car twice.
''I explained everything to her,'' Dorsey said. ''I'm not out to
screw people.''
Kenneth J. Dorsey (left) and
Constance M. Sorenson (right) have used constable powers to
seize debtors' cars on behalf of collection agencies. Both,
however, have faced their own financial and legal
difficulties.
(Globe Staff Photo / John Tlumacki)
The office of constable is as ancient as it is obscure,
governed in Massachusetts by laws that date back to the 1600s. One
power of the office - never repealed - is to ''take due notice of
and prosecute all violations of law respecting the observance of the
Lord's day, profane swearing and gambling.''
Nowadays, constables, and the deputy sheriffs who perform
parallel work, busy themselves delivering subpoenas and other court
papers, placing liens on real estate, and seizing personal property
to satisfy court judgments - in the case of constables, judgments of
no more than $2,500.
Where they differ is in accountability. Constables, for example,
can legally operate only in the communities that license them. But
that restriction, the Globe found, is often ignored.
Constables also largely operate in secret. There is no
requirement for them to keep, or submit to scrutiny, records of
their seizures. When the Globe set out to determine how many cars
constables across the state have seized from debtors, almost all
those asked refused to say. Records held by county sheriffs, by
contrast, are public.
But what is clear, by the account of sheriffs, debt collectors,
and constables themselves, is that it is constables who handle the
bulk of the car seizures. Court records suggest their total runs to
several thousand cars a year, across the state.
Sorenson's firm alone was seizing between 80 and 100 cars a month
for two debt collection companies, according to affidavits filed in
a court case involving the companies. And Dalton, who owns South
Coast Legal Services, told the Globe he uses constables around the
state as subcontractors to seize vehicles, though he refused to say
how many cars they hook for him. One of his subcontractors, Dorsey -
who took away Fitzpatrick's car - said he seizes between 12 and 30
cars a month.
And no one monitors their work. So little scrutinized are
constables that some work with impunity in communities where they
have no jurisdiction.
Sorenson, for example, represents herself as a constable, but her
license, in Salem, expired in 2003. In an interview, Sorenson, 37,
claimed to be a constable in Lynn and Medford, in addition to Salem.
But officials in Lynn and Medford said they have no record she has
ever been licensed to serve in either city. Sorenson has also been
embroiled in legal disputes for dispatching constables to do
seizures in communities where they are unlicensed.
And some constables who worked for her have been criticized for
over-the-top tactics. One allegedly identified himself as a State
Police officer, according to court papers filed in a 2001 lawsuit
against a debt collector. Another constable allegedly threatened a
debtor with criminal sanctions, even though debt collection is a
civil matter.
''There's not one heavy-handed constable that I've ever worked
with,'' Sorenson insisted. She reached a confidential settlement in
the 2001 case, which she declined to discuss with the Globe.
She said she's now stopped seizing cars altogether. But in June,
Sorenson identified herself as a constable when she seized two cars
from a Grafton businessman.
Sorenson defended the work of constables. She said consumers who
ignore court orders to pay their debts have no right to complain
when the constables come calling, no matter the hour. She described
her own workday as ''nine-to-five'', meaning 9 at night until 5 in
the morning.
''I think you should pay those debts - especially consumer debt.
..... You can't take a credit card and go buy yourself a new
television and expect to never have to pay for it, but people do,''
Sorenson said. ''I think everyone should be responsible - I do. I'm
responsible.''
Not quite. A Globe review of federal bankruptcy files showed that
Sorenson has twice filed for bankruptcy, most recently in 2003, when
her credit card debts alone exceeded $47,000. After that, her lawyer
sued her for not paying his fee and won a court judgment - along
with authorization to have her car seized. But he decided against
taking that step.
Sorenson sidestepped questions about her own financial problems,
except to say: ''Defendants aren't all bad. They're like me and
you.''
Checkered pasts
Dalton, who owns the South Coast Legal Services constable business,
changed careers in 2001 after 16 years as a Plymouth County deputy
sheriff. But he didn't go willingly.
He and two other cashiered deputies filed a federal lawsuit
claiming they had been unjustly fired. At the trial, the county
introduced evidence from a State Police investigation in 2000 that
Dalton had allegedly sought cash payments from a Brockton moving
company trying to obtain county work in court-ordered eviction
cases.
The federal jury upheld the dismissals. In an interview, the
60-year-old Dalton said the allegations were false but refused to
discuss the issue further. He was never charged criminally in the
case.
As for the $625 fee he charges for each car seizure, Dalton was
hardly defensive about his price; he said he is considering an
increase to offset the higher cost of gasoline. ''I have a lot of
guys burning up gas, looking for cars,'' he said.
State law requires cities and towns to ''investigate the
reputation and character '' of all constable applicants, as well as
their fitness for office. But the law sets no specific criteria. In
some communities, a police criminal background check is required.
But in some cases the background checks appear to be cursory.
In Boston, police do background checks before Menino appoints
constables. But Dorsey, the constable who demanded $1,250 for
seizing Fitzpatrick's car, was appointed by Menino even though he
listed his criminal record on his application. On Super Bowl Sunday
in 1994, according to court records, Boston police raided the Old
Stag Tavern in Jamaica Plain, which Dorsey managed, arrested Dorsey
for running a betting operation and
Worcester County deputy
sheriff Michael J. Ahearn (on porch, right) seized an Athol
resident's truck, accompanying Direnzo driver Jeffrey Holmes
(left). Deputies, like constables, can collect high fees.
(Globe Staff Photo / David L. Ryan)
confiscated the two firearms. He was found guilty of a misdemeanor for
possessing gaming materials and was fined $300. Dorsey, who is 50,
also had a prior arrest for failure to make child support payments.
Boston Police Sergeant Raymond Mosher, who oversees criminal
background checks for prospective constables, said he could not
discuss Dorsey's case because of privacy restrictions.
Like Sorenson, both Dalton and Dorsey have had financial
struggles not unlike those of some of the debtors whose cars they
seize. A decade ago, Dalton had one small-claims judgment and two
federal tax liens against him, according to court records reviewed
by the Globe. And Dorsey says his own struggles help him empathize
with the people who are his quarry.
''I've hid from bill collectors. I'll be honest,'' he said
Unlike constables, for whom no one sets standards, Massachusetts
county sheriffs have to face the voters every six years. That can
work as a check on overzealous collection work.
''We do not want people saying, 'The elected sheriff took my car
and then junked it,' .'' said Jeffrey R. Turco, the chief deputy to
Worcester Sheriff Guy W. Glodis. After receiving inquiries from the
Globe, the Massachusetts Sheriffs Association is reviewing the fees
they charge hooking cars for debt collectors.
No sheriff's department has seized more autos than Worcester
County's - more than 1,000 since January 2002. And for Glodis, who
took office in 2005, some of those seizures could prove to be
politically embarrassing.
Take the case of Marlene Cote, of Leominster, who last December
filed for bankruptcy - a step that legally protects assets from
seizure. Or so Cote thought, until the evening of Jan. 13, when two
of Glodis's deputy sheriffs banged on her door at 8:30 p.m. and said
they were seizing her 11-year-old Jeep.
By Cote's account, the deputies were undeterred when she showed
them her bankruptcy filing. They even threatened to arrest her when
she stood between the tow truck and her vehicle.
Cote's debt, an old $300 bill from a local dentist, barely topped
$600 with accumulated interest. The fee charged by the deputies
added another $600. And the towing company wanted $310. The total -
for a car that could not legally be seized - was $1,530.56.
When the Globe first raised Cote's case with Deputy Turco in
mid-March, he acknowledged that the deputy sheriffs should have
checked with his office when they were presented with the bankruptcy
documents. According to his office records, Cote's car was returned
within a few days when the error was discovered.
In fact, the car was still being held, two months after it was
towed away, by Direnzo Towing & Recovery, which had added another
$1,200 in storage fees in the interim.
Finally, at the end of March, Cote's car was returned and all the
charges were waived. But Cote paid dearly for the episode as she
struggled to regain her financial footing.
During the 10 weeks she had to get by without her Jeep, Cote
said, she spent between $600 and $800 to commute by taxi to her
$8-an-hour job as a cashier at a Kohl's department store in
Leominster. During that period, she also had to abandon a second
job, caring for mental health patients in group homes in Athol and
Gardner.
It felt to her, as to many who lose their cars to unpaid debts,
like a prison term for a traffic offense. And such penalties are far
from rare: A review of Worcester sheriff's
Marlena Timins from
Millbury inspects her car at the Direnzo tow lot as
manager Steve Maiorano looks on. Her car was repossessed
by the Sheriff's Department and towed to this lot.
(Globe Staff Photo / John Tlumacki)
office records released by Turco showed numerous instances of debt
collectors engaging deputy sheriffs to seize cars from people with
small unpaid debts. Often, the fees associated with seizure doubled
or even tripled the amount of the original debt.
Uxbridge collection lawyer Richard R. Hubbard is the source of
many of those cases. He has had hundreds of cars hauled away, mostly
by the Worcester County Sheriff's Department, from families whose
unpaid - or disputed - debts to dentists, doctors, and local heating
oil companies were just a few hundred dollars.
For its part, the Worcester Sheriff's Department has made one
change in the wake of Globe inquiries: They had been charging $600
for all car seizures, whether the car is towed or the debtor pays
the amount owed on the spot. Now, those who pay their debt to avoid
a tow are charged $300.
In some other jurisdictions, sheriffs and constables have gone
even further. In fact, most decline to seize autos. And the vast
majority of debt collectors likewise frown on the practice.
In Suffolk and Barnstable counties, for example, the sheriff's
departments rarely seize automobiles. And in the few instances when
Barnstable deputies seize a car, they charge just $40 an hour for a
deputy's time, according to Barnstable Chief Deputy Sheriff Brad
Parker. When asked about constables who charge between $600 and $900
to seize a car, Parker said, ''That's gouging.'' As for his peers in
other sheriff departments, who charge up to $600, Parker chose his
words carefully: ''That sounds high.''
Parker said his office was approached two years ago by Norfolk
Financial Corp. and Commonwealth Receivables Inc., two collection
agencies that have seized thousands of cars, and asked to do their
seizure work on Cape Cod, but he refused.
Too often, Parker said, such cases ''are against a single mother
with kids and a beat-up old car, and no other transportation.''
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Regulators, policy makers seldom
intervene
This story was reported by Spotlight team members Michael
Rezendes, Beth Healy, Francie Latour, Heather Allen, and editor
Walter V. Robinson. It was written by Robinson and Healy.
Last of four parts | August
2, 2006
The debt business, as Donald Friedman,
the chief operating officer of debt-buyer Liberty Point Corp., told
hundreds of his assembled peers at their March 2005 gathering, is
''one of the sexiest, one of the most financially lucrative
businesses you can get into.''
Boastful? Yes. Overstated? Hardly.
That year, businesses that specialize in debt for collection
would purchase $66 billion in delinquent bank credit card accounts
alone, paying just pennies on the dollar for the right to press
consumers to pay up. That $66 billion represented a golden
opportunity for them, and sudden vulnerability for an estimated 8
million card holders - all of them earmarked for repeated phone
calls, dunning letters, lawsuits, wage garnishment, property
seizure, and sometimes even arrest.
They generally owe the money, but seldom anticipate the
consequences. A Spotlight Team investigation, which concludes today,
found a system where debt collectors have a lopsided advantage;
where debtors frequently face high-handed treatment; and where
excessive fees can swiftly turn a small delinquency into a
life-upending
financial crisis.
Yet, in spite of all this, there is an eerie silence among
regulators, policy makers, and legislators. Those who could
intervene to right the balance between collectors and consumers are
either unaware of the debt collection free-for-all, and the tens of
millions of consumers caught up in it. Or they are simply unwilling
to act.
In Massachusetts, for example, almost 800 complaints about debt
collectors flow each year into the office of Attorney General Thomas
F. Reilly, whose state website declares that he is ''on the front
line working for consumers.'' Yet since Reilly took office in 1999,
he has initiated legal action against just one collection agency, a
Danvers company that paid a $100,000 fine two years ago.
When Reilly's office announced that settlement with Schreiber &
Associates, it called it just the start. ''This investigation is
part of a larger initiative aimed at protecting consumers from
unfair debt collecting practices.''
No legal actions have been announced since then, though a
spokesman for Reilly said last night that five investigations of
debt collectors are underway.
Similarly passive is the Massachusetts Division of Banks, which
also has regulatory authority over collectors. The banking
regulators do little more than warehouse required annual filings by
410 debt collection companies - haphazardly, as the Globe discovered
when it sought access to the division's records.
Meanwhile, the Federal Trade Commission, which is charged with
enforcing a federal law that regulates the behavior of debt
collectors, has done little in the face of an explosion of consumer
outrage. From 1998 to 2005, the number of consumer complaints about
debt collectors soared tenfold, from 6,678 to 66,627. Yet, in the
last six years, the FTC has taken enforcement action against just 10
companies.
This year, an estimated 20 million Americans are three months or
more past due on credit card accounts alone, according to data given
to the Globe by Experian, one of three national credit reporting
agencies. Yet it appears no one in government is keeping track of
this alarming trend, not even the Federal Reserve Board, which in
June assured Congress that bank credit card delinquency rates are
''not high by historical standards.'' But omitted from that
calculation are the tens of billions of dollars that are ''written
off'' the books by the credit card giants and sold to debt buyers
for collection.
Court administrators who are most likely to be aware of the tidal
wave of lawsuits against debtors have not, for the most part, raised
concerns about credit caseloads that have turned many courtrooms
into de facto subsidiaries of the collection business.
Meanwhile, Congress and many state legislatures have acquiesced
to the politically powerful banking industry, which issues much of
the credit that goes sour. The laws regulating debt collection
predate, by a generation, the current boom for debt collectors.
Their ranks have doubled in the last decade.
Frustrated regulators say the result is that many of the
roughhouse tactics employed by collectors are legal.
When a collector
sued her for a credit card debt she said she had
settled, Roberta Andresen of Raynham contacted Attorney
General Thomas F. Reilly's office. ''They said they
couldn't do anything for me,'' Andresen said. (Globe
Staff Photo / Michele McDonald)
Jesse Caplan, the chief of Reilly's Consumer Protection and Antitrust
Division, said the vast bulk of complaints to his office about debt
collectors are ''not actionable,'' but amount to a misunderstanding
of what consumer laws protect against. Caplan said his office
informs consumers of their rights, and sometimes mediates disputes
between consumers and debt collectors.
That would come as a surprise to Roberta Andresen of Raynham.
She felt she had nowhere to turn but the attorney general after a
debt collector sued her in 2003 for a credit card debt she says she
had long since settled. Reilly's office, she said, seemed
uninterested in her complaint:
''They said they couldn't do anything for me, and told me to post
a complaint on the Internet,'' Andresen said.
At the Division of Banks, the authority to audit debt collection
firms is infrequently used because the law doesn't require it.
''We're not under any statutory requirement to examine debt
collectors,'' David J. Cotney, chief operating officer for the
division of banks, said.
And at the Federal Trade Commission, the senior enforcement
official acknowledged that the agency has not kept pace with
consumer complaints, even though debt collection generates far more
complaints than any other activity in the marketplace. ''Clearly,
the trend is not good, and we're quite concerned about that,'' said
Peggy Twohig, the associate director of the Federal Trade
Commission's Division of Financial Practices.
Twohig said her agency is planning to increase its enforcement of
federal debt collection laws. Asked about the tenfold increase in
complaints, and the tiny number of FTC enforcement actions, Twohig
replied, ''It's a fair point. The record is what it is.''
Becoming a target
This government inaction has left millions of people feeling they
have nowhere to turn, and no one on their side, when debt collectors
come calling.
Manuela Cormier is one among the millions. Waiting with 100 other
forlorn debtors in a three-hour queue at the New Bedford District
Court last Nov. 30, Cormier stood convicted of misfortune: Five
years ago, the 45-year-old single mother lost her job, and had no
money to make payments on a $1,000 credit card bill. The combination
of a 29 percent interest rate, penalty fees, and court-imposed costs
have since pushed the bill close to $4,000. Cormier was told she
would be jailed if she did not pay.
She agreed to pay $25 a month from her $10.25-an-hour salary as a
home health aide - not even enough to cover the $38 monthly interest
on the debt. ''I'll be paying until the day I die,'' Cormier
lamented.
Hers is the grim face of a growing crisis for America's middle-
and working-class families - a crisis that has hardly entered the
national conversation.
The 20 million consumers seriously behind on credit card payments
were delinquent on some 36 million individual accounts, as of
January. And there were an estimated 40 million people three months
or more behind on other kinds of accounts, according to Samah Haggag,
manager of analytics at Experian. Those include home, car, and
student loans, utility and medical bills, and, increasingly, bills
from cell phone carriers and health clubs.
People with accounts that far in arrears almost always end up in
default and become potential targets for debt collectors.
And they feel like targets. A survey of 1,300 consumers released
last December by the National Opinion Research Center at the
University of Chicago found that 15.8 percent say they had ''been
pressured'' during the prior 12 months by stores, creditors, and
debt collectors to pay past due bills.
''The great American middle class is fighting a battle for
survival - and losing,'' said Elizabeth Warren, a Harvard Law
professor who specializes in consumer law. ''Millions are in
financial free fall, wondering whether every ring of the phone or
knock on the door will bring more bad news.''
Even leaders in the debt collection industry find it remarkable
that the scope of the problem remains largely unseen. Rozanne
Andersen, the general counsel for ACA International, the trade
association for most debt collectors, says reliable information on
the number of consumers in serious debt ''is horribly deficient.''
Often what follows for debtors in such straits is a date in
court. The Spotlight investigation found that between 2000 and 2005,
there was one debt collection lawsuit for every five Massachusetts
households. Numbers provided to the Globe by debt collectors show
that eight of the busiest firms file 90,000 debt collection lawsuits
a year in Massachusetts district courts - most of those in
small-claims sessions, where consumers are pitted against collection
lawyers.
And the pattern appears to hold nationwide.
In states where records are available, such as Iowa, Michigan,
Maryland, Indiana, South Dakota, and Florida, the caseload of debt
collection lawsuits is as high or higher. In Allen County, Ind.,
which includes Fort Wayne, debt collectors filed 20,000 lawsuits in
2004 - one for every six households. In Maryland, judges in the
Baltimore City District Court approve an estimated 300 judgments
against debtors each day, on the say-so of debt collectors who are
almost never asked - in Maryland or any other state - to provide
evidence that the debt is owed or that they have the right to
collect.
Attorney Martin Odstrchel (left)
talks with a man waiting in line with others at New Bedford
District Court trying to take care of their debts. (Globe
Staff Photo / John Tlumacki)
Even in some affluent counties, court dockets are crowded with debt
collection lawsuits.
In Montgomery County, Maryland, where per capita income is among
the highest in the nation, the courts are swamped with such cases.
In 2005, debt collection firms filed about 21,000 lawsuits,
according to Bonnie Bell, the county court's civil clerk. Bell said
her court grants debt collectors attachments on wages or bank
accounts at the rate of 1,000 a month. To keep the caseload under
control, Bell segregates mass filings by debt collectors for
hearings in a separate court session, where judges speedily process
the claims. They call that session the ''rocket docket'' - for the
way it speeds judgments against debtors.
Thanks to the proliferation of debt collection cases, Bell said
wryly, ''We'll never be out of a job here.''
In next-door Prince Georges County, the courts have been so
inundated with suits against debtors that it also channels large
volume debt collectors into one special court session. ''We handle
600 cases in one court in one day,'' Kathleen Schnobrich, the civil
clerk, said.
To be sure, creditors have the legal right to collect what is
due. And consumers generally owe what collectors are after, though
they often dispute the exorbitant fees and interest that have been
added on. Among the scores of debtors interviewed for this series,
all but a handful admitted as much. Often, too, they acknowledged
spending beyond their means - out of carelessness, misplaced
optimism about how much debt they could carry, or dire need.
But most often, their debts became overwhelming after one of
life's unanticipated setbacks: the death of a family member, a
divorce, an illness, unanticipated medical bills or the loss of a
job. Some debtors paid the rent and heat and ignored the credit card
bill. Others used the cards for food and gasoline until their credit
was cut off.
''Ninety-nine percent of the debtors I dealt with are good
people. They just ran into a spell of bad luck,'' says Tony Clawson,
a Connecticut attorney who pursued credit card collection cases for
two years for Lindner & Associates, a debt collection law firm in
Needham. ''Too many of them got into trouble because they were
gullible to offers from credit card companies who give out cards too
easily.''
Cormier, whose $1,000 debt became a $4,000 millstone, is Exhibit
A. Eight years ago, she was a part-time nanny, struggling to support
her developmentally disabled daughter with government assistance,
and scraping by without a credit card. Then came the enticement from
card issuer Discover, which is now owned by Morgan Stanley, the
investment banking powerhouse. ''I got the [credit card] offer in
the mail. It said I was pre-approved,'' Cormier recalls. ''Getting
that card was the stupidest thing I ever did.''
And Cormier did not get that card by accident. Since the 1990s,
credit card vendors have aggressively courted customers among
lower-income, higher-risk consumers. It is the industry equivalent
of tobacco companies marketing to minors.
In 2005 alone, credit card issuers blanketed the country with 6
billion offers for new credit cards, with most of those aimed at
people of modest means and modest credit ratings - people most
likely to carry balances at high interest rates that generate
enormous profits for banks.
With profits so high, card issuers consider it an acceptable cost
of business that about 5 percent of those customers, unable to keep
up with minimum payments, will tumble into default.
''The higher-risk customers are actually more profitable,
especially if you can get them to pay,'' said Matthew S. Melius, the
former chief of operations at Metris Cos., the former parent company
of Direct Merchant Credit Card Bank.
But, speaking at a debt collection conference in Orlando last
year, Melius said pushing credit on higher-risk customers can
backfire. The granting of credit, he said, is ''a drug, if you will.
..... If we give it to them, they're going to use it.''
He laid the blame for the practice at the industry's doorstep.
Furthermore, boosting interest rates to 30 percent or more and
slapping those who make late payments with hefty penalties is
''probably the worst thing you can do to a customer who is
struggling,'' he said.
It is the explosion of credit card availability, combined with
the need of companies like Metris to swiftly off-load customers who
fall into delinquency, that has fueled the astonishing growth of the
debt buying business. Since 1995, bank credit card issuers have sold
off $390 billion in past due debt. The annual sales have grown from
$4.4 billion in 1995 to $66.4 billion in 2005.
Debt buyers - many of whom also collect debt - work in different
ways. The largest purchase huge portfolios of debt written off the
books by major credit card companies. They
A debt collector at work
in Cambece Law Office in Peabody. With millions of Americans
months behind on credit bills, the collection business is
booming. (Globe Staff Photo / Michele McDonald)
then break up the debt into smaller blocks for resale. Companies that
buy this debt first try to collect the money, then re-sell
uncollectible accounts to others further down the collection food
chain.
Evidence of the untrammeled nationwide growth of the business is
hard to mistake. Recent press releases tout the expanding fortunes
of debt collectors across the country: a new 21,000-square-foot
facility in Chicago for collectors to make calls demanding payment;
300 new positions in Mobile, Ala.; official congratulations from New
York Governor George E. Pataki for the creation of 450 jobs for debt
collectors in Batavia, N.Y.
On Wall Street, debt-buying firms have become coveted investment
targets. One publicly traded company in Norfolk, Va., Portfolio
Recovery Associates Inc., collected $10.9 million from debtors as
recently as 1998. Last year, it took in $191.4 million - annual
revenue growth of 55 percent. Portfolio Recovery's profits, which
were $402,000 in 1998, soared to $36.8 million in 2005.
The firm's results also illustrate how the industry turns pennies
into millions.
In its first decade of operation, Portfolio Recovery purchased
658 debt portfolios with a face value of $16.4 billion - at a cost
of only $415.4 million. That's about 2.5 cents for each dollar of
debt purchased. It collects, on average, 7.5 cents per dollar.
The extraordinary expansion of the debt sold off
for collection is one powerful force behind some of
the collection abuses documented in the Spotlight
investigation.
As debt is sold and re-sold, companies that buy
the right to collect it often know little about the
debtor: name, last known address, card issuer and
account number, and amount due. That limited picture
can cause problems for everyone involved.
Sean McVity, managing partner at Garnet Capital
Advisors, a New York investment banking firm that
brokers the sale of debt portfolios, said many large
banks selling off debt have a ''buy-it-as-is''
attitude, providing only minimal data when they sell
accounts, and charging buyers hefty fees if they
come back for more documentation. He called it a
''dangerous'' practice.
Sparse data makes for major miscues: Outdated
addresses mean that many consumers get no notice
that they have been sued. And, with increasing
frequency, the wrong person is targeted.
Collectors, too, are disadvantaged. Often, they
have little evidence to support their claim on a
past-due amount.
Michelle A. Weinberg, a legal aid lawyer in
Chicago noted that, in Illinois as in Massachusetts,
debt collectors have to file an affidavit with their
lawsuits attesting to the legitimacy of their
claims. ''But the affidavits are plainly false,''
Weinberg said. ''If the plaintiff has anything, it
is only a computer printout.'' In every case she has
taken, Weinberg said, she has challenged the
veracity of the affidavit, and ''in every instance,
the debt collector has dropped the case.''
Federal banking regulators have set no rules for
how much data the banks should provide when they
sell a customer's debt.
Some states, however, have moved to fill the
void. Maine, West Virginia, and Minnesota, for
instance, are developing reputations for
aggressively regulating debt collection agencies
that mistreat consumers.
And judges in a handful of states, including New
Jersey, Maryland and Michigan, have found the
imbalance between collectors and debtors so
troubling that they are looking for change.
In Michigan, the three justices of the Southfield
District Court in suburban Detroit, citing
widespread abuses by debt buyers, want to update
court rules to curb what they
describe as ''predatory'' practices,
''particularly for the majority of defendants who
are not familiar with the court system and who
cannot afford an attorney.''
The judges complain about numerous practices,
many of which, the Globe found, are also commonplace
in Massachusetts courts. In Michigan, the judges
wrote:
The sale and resale of uncollected debts
often leads to cases involving outdated
addresses, so debtors receive no notification
they have been sued.
Suits are mistakenly filed against the wrong
consumers, or against people who have already
repaid a debt.
Debt collectors seldom have evidence of the
original debts they are claiming.
Debt collectors often misrepresent the
amount owed by adding unwarranted interest
charges.
Even consumers who pay off their debts have no
guarantee the matter ends there. In Massachusetts
and other states, collectors who win court judgments
are required to notify the court when a judgment is
paid. But many do not - leaving consumers powerless
to erase black marks on their credit reports when
they go to buy a car or refinance a home. They are
often forced to take on higher interest rates, and
with them larger payments and a greater likelihood
they will slip back into financial trouble.
Cheryl Cook, a clerk in civil court in Orange
County, Calif., said her court spends a lot of time
fielding calls from people who are trying to clear
up an old judgment that they paid. ''It's just
crazy,'' Cook said. ''It's an extremely frustrating
thing for anybody to go through.''
And among those who collect debts, some express
growing unease about the way debtors are treated.
One is Richard S. Daniels Jr., a Boston lawyer
whose firm has been collecting debts on behalf of
clients for nearly 30 years and files about 20,000
small-claims lawsuits a year - more than any other
debt collector in the state. And yet Daniels said
the current practices of the credit card industry
have left a sour taste in his mouth.
''Any system that puts people's backs up against
the wall doesn't work,'' he said in an interview.
Daniels described the penalties and fees that credit
card companies tack onto consumer bills as
''usurious'' and ''totally unconscionable,'' making
it impossible for people to get out of debt. Such
charges, Daniels declared, amount to ''classic abuse
I wish to hell Congress would do away with.''
''This used to be an honorable business,''
Daniels said, when discussing collections for credit
card companies. ''Now, the guys on the other side
are thieves.''
Contact us The Spotlight Team would like to hear
from readers who have first-hand information
about debt collection abuses.
The telephone number is (617) 929-3208.
Confidential messages can also be left at (617)
929-7483.
E-mail messages can be sent to debt@globe.com.
July
25, 2006
Hi Rob,
When I was reading the Buffalo News article about Mark Bohn, that prompted
me to recall the lawsuit that Bohn was involved in with Unifund. I've
attached a few of the key documents from this case.
There are several key points (of course, I'm not an attorney or CPA!):
1. Unifund will sue just about anyone who ever does business with them,
including other debt collectors like Mark Bohn/Account Management Services.
2. Unifund insisted on the fiction that these debt "sales" were actually
"leases". This is an accounting issue, but it seems like there is no reason
to engage in these accounting manipulations other than to avoid taxes.
3. There is no honor among these thieves; neither Unifund nor AMS trust each
other. They both accuse each other of potentially "poaching" each other's
accounts. So, where does that leave the people whom these thieves are
trying to collect from? It's pretty obvious from some of these court
filings that a debtor can make a payment to AMS, and then have Unifund come
back and hit them up for the same debt that they had previously paid to AMS.
If that's the case, why do you want to pay any of these guys anything?
4. Finally, after Unifund and AMS were able to come up with an agreed
settlement (gee, what a surprise), Unifund came running back into court,
whining that the agreement to precluded them from buying back OOS
receivables, and that AMS broke the law by NOT filing suit prior to the
expiration of the Statute of Limitations. The Judge basically laughed them
out of court. But, it's amazing that both Unifund and AMS contemplate trying
to collect on OOS receivables.
Regards,
(As always, please withhold my name!)
P.S.--I really enjoyed the call with the head collector mope down in Florida
this afternoon.
SPECIAL REPORT:
MERCHANTS OF DEBT On the other end, high
pressure to collect
'I tell everybody,
'Leave your heart at the door. This is a business.'
Tall
and lean with piercing gray eyes, Eric Boryszak has the charisma of a natural
salesman.
Not that it helps in his job. He never meets the people who ultimately
provide his living - people with unpaid car loans or credit card bills. They
only know him from his businesslike voice on the phone.
The voice is enough. It brings in about $1 million a year of unpaid debt,
putting Boryszak among the stars at Account Solutions Group, an agency with 580
workers where some collectors earn six-figure checks.
A thick skin is required.
"I've been called a lot of different names in the book," the 38-year-old
said. "I don't take it personal."
Debt collectors have a tough-guy image, and lately complaints about the
industry have exploded. But the people making the calls reject the stereotype of
a burly, cigar-chomping tyrant.
Collectors say they're just trying to make a living under sometimes extreme
conditions. They're under pressure to bring in thousands of dollars a month
without resorting to threats or snapping back at irate debtors.
"Rarely do I raise my voice," Boryszak says. "If it gets to that point, I get
up and walk around."
The Tonawanda resident is one of the thousands of people who make Western New
York a hub for debt collection. The industry journal Collections & Credit Risk
recently profiled the area as a mecca, and the numbers bear out the claim.
Erie County had 3,600 collection jobs in 2004, putting it among industry
centers like Houston and New York, according to the U.S. Bureau of Labor
Statistics. Add another 1,100 jobs at Pioneer Credit Recovery in Wyoming County.
Low rents and wage rates make Buffalo attractive for call center businesses,
including collections. Beyond that, agencies here say they actually benefit from
the region's harsh winters, which keep workers at their desks during tax refund
time - prime time for collecting debts.
Area collectors "work paper" for retail chains, car finance companies and
credit card issuers like Capital One and Bank of America. Agencies' help-wanted
ads offer jobs with no experience necessary - sometimes to people who are
"aggressive, assertive and $$$$$$$ hungry."
Former truck driver Jim Kuklewicz carved out a living as a collector when a
layoff snuffed his job at a linen service in 1994.
"After a month I was ready to quit because I didn't think it was for me," he
said. A manager turned him around and now, at age 46, he is a manager at
Northstar Group in Amherst, making $70,000 to $100,000 a year.
Kuklewicz coaches struggling collectors to improve, and his advice is stern.
"I tell everybody, "Leave your heart at the door. This is a business.' "
Some collectors say their companies boost results by tacitly encouraging
hardball tactics beneath a facade of upright behavior.
When he went to work at Redline Recovery in Getzville, Frank J. Bennett
received a squeaky clean telephone script to use with debtors.
That was in training. In reality, the rules against threats and harassment
went out the window in the fervor to bring in money, the Youngstown man said.
"They're so hungry for profits they'll cut every corner," said Bennett, 44.
One collector urged a woman to get her son to pay his debt, Bennett said.
Others mocked the spiritual message on a debtor's answering machine and used
racial slurs in conversations that could be overheard by debtors, he said.
When Bennett objected, he was told to ignore what he overheard. He said he
was fired in June after run-ins with managers, having failed to meet his monthly
goal of $3,500.
Joseph Moran, head of the Georgia-based company's Amherst office, denied
running roughshod over collection rules, saying that would put his company at
risk.
"Our clients are national banks," he said. "If we get ourselves in trouble,
they will pull their business."
Collectors' bland-looking call centers are really pressure cookers, workers
say. While top performers earn big money, others burn out from sparring with
debtors - or bail out after struggling to meet quotas. How much, or little, they
have collected is displayed on white boards for co-workers to see.
"It's competitive," a Buffalo agency official said. "If your name's not up
there, you've got some explaining to do."
At Account Solutions Group in Amherst, Boryszak watched batches of former
co-workers fail. "You have to have - I don't want to say an edge - you have to
have control of the conversation," he said.
On the first day of one recent month, he was at his cubicle before 8 a.m.,
getting ready to call 87 BMW drivers. Or rather, ex-drivers whose bimmers had
been towed back to the lot. Boryszak's voice was hoarse, having worked the
previous eight days leading up to the end-of-month "closeout," when bonuses are
determined.
At the end of a month "I'm walking out of here thinking, "God, I'm beat' -
then you come in the next day and you've got to start all over again."
- Fred O. Williams
SPECIAL REPORT: MERCHANTS OF DEBT Rogue debt collector
operated under watchdogs' noses—with taxpayer money By FRED O. WILLIAMS
News Business Reporter
7/24/2006
Harry Scull Jr./Buffalo News
Edmund Vandeganachte of Albion was threatened with arrest and prosecution by a
debt collector from Ohio, over a bill he believes he paid. He sued the collector
and settled for an undisclosed sum.
Lenahan Law Office didn't look
like an ordinary law firm.
It had six offices around Buffalo, 100 to 200 debt-collection workers, and
just three lawyers.
Then there's its court record. Not cases it worked on, but civil charges
against it for alleged shakedown tactics.
More than 30 people across the country - including Maine's attorney general -
alleged that Lenahan bullied debtors for money, even when they didn't owe a
dime. One judge called its tactics "egregious."
A dozen courts gaveled down judgments totaling $800,000, but the firm's
owners filed for bankruptcy in December before paying the penalties.
Collectors say they face tight regulation under debtor-protection law, but
Lenahan's story raises questions about the power of watchdog agencies to stop
abuses.
"There always seem to be rogue debt collectors who consider [penalties] to be
a cost of doing business," said Robert J. Hobbs, deputy director of the National
Consumer Law Center in Boston.
Steve Tripoli, a spokesman for the center, added, "There's a new breed of
company that has figured out there's very little chance of penalty from breaking
the law."
For years, the Lenahan offices collected a million dollars a month or more
while leaving a trail of browbeaten people from Maine to California, regulators
and court records say. Now some of the former Lenahan offices continue to
operate under new names.
And instead of cracking down on the abuses, public officials might have
subsidized them with taxpayer money. In 2003, agencies handed nearly $600,000 in
job grants to a Buffalo company whose owners are accused of being the real
operators of the collection outfit.
"What we have seen in your area are companies that are, by all appearances,
simply debt collectors but have connected themselves with some law firm, said
William N. Lund, director of Maine's Office of Consumer Credit Regulation.
The collectors get the leverage of a law firm's name, as well as cover, to
avoid blame for abusive practices, Maine officials said.
From Bud Hibbs on the Mark Bohn and Lenahan Scam.......
John Daniel and Danielle Fanning Lenahan
filed for Chapter 7 Bankruptcy in the Western District of New York (Buffalo)
Case No. 05-70108-MJK (December 16, 2005)
VISIT GIOVE LAW
OFFICE EXPOSED TO GET THE DETAILS ON LENAHAN & ASSOCIATES:
www.giovelawofficeexposed.com
Other Offices:
Jack Sortino, Compliance
65 Great Arrow Ave.
Buffalo, NY 14216-3203
Fax: 716-447-8059
Ph: 716-447-81052265 George
Urban Blvd
Depew, NY 14043-1921
Phone: 716-681-3838
Fax: 716-681-2892
The Lenahan List of Collection Associates Thefollowing entities
are engaged in illegal debt collection practices, racketeering and organized
crime. You do not have to pay any money to anyone representing the following:
Newest Lenahan
Addition:
Northeast Center for Law, PLLC 3438 Walden Ave.Depew, NY 14043716-683-3000
John Daniel & Danielle
Fanning Lenahan Law Office, Buffalo, NY
Account Management
Services, Buffalo, NY (Mark Bohn, Owner)
Timothy Ray Collins Law
Office, Buffalo, NY
David Dyer Collection
Agency, Buffalo, NY
Empire Recover Group,
Buffalo, NY (aka National Processing) (Vincent Bianco, Owner)
Ethical Recovery Group,
Buffalo, NY (Michael Mancone, Owner)
First American Investment
Co, Rochester, NY (Carl Steinbrenner)
Rodney Anthony Giove Law
Office, Niagara Falls, NY
Harry Edward Cohn,
Attorney, Virginia Beach, VA
Law Office of James
Roscetti, Buffalo, NY
Lawrence C. Brown,
Attorney, Buffalo, NY
The Law Center, (Harry
E.Cohn - deceased) Virginia Beach, VA
Triton Capital Inc.,
Niagara Falls, NY (James Roscetti, Owner)
<<<<< UPDATEMar 29, 2005
>>>>>
Pompey Scam
Is Back!
Desperate debt collectors do desperate things and the scam at Lenahan continues.
A debt collector using the name of “Mr. Pompey,” “Officer Pompey,” “Investigator
Pompey,” “Attorney Pompey” and other alias is calling consumers from the offices
of Daniel & Danielle Lenahan.
The
scam is the same. He threatens you with pending litigation in your county unless
monies are sent immediately to the Lenahan law Offices. Attorney Danielle
Lenahan has stated repeatedly that Pompey was ‘fired’ yet despite her claims we
are receiving a lot of complaints of this latest scam to extort money from
consumers.
The
number he is calling from is: 866-645-9009 ext. #3596, which traces back to the
Lenahan Law Office in Buffalo, NY.
Do not
fall for this scam to steal your money. Record all conversations with anyone
calling from Lenahan and affiliates. STOP payment on any checks, contact your
bank and cancel credit card agreements. You do not want to be added to the list
of Lenahan extortion victims.
Report
all illegal debt collection activity to:
New York Sate Attorney
Grievance Committee
8th Judicial
District295 Main Street,
Room 1036Buffalo, NY 14203(716) 858-1190Visit
www.lenahanlawofficeexposed.com for the back story on Pompey
<<<<<<<<<<<<<>>>>>>>>>>>>>
Great job
consumers, you are paying attention. Lenahan and his cronies are losing money
every day. Calls from attorneys across the nation confirm that Lenahan and
associated companies (including John Daniel and Danielle Lenahan) are losing
debt collection lawsuits that amount to hundreds of thousands of dollars.
Additionally, fellow consumers, you are not paying on their bogus claims,
stopping payment on checks, closing accounts and credit cards so the Lenahan Con
Men can't get at your money. Each dollar you save is one less to fund this crime
syndicate and one less dollar stolen from consumers.
<<<<<<<<<<<<<<<<>>>>>>>>>>>>>>>>>
*******
CONSUMER WARNING ******* THIS IS A MAJOR CONSUMER SCAM BY A BOGUS LAW FIRM! YOU WILL NEVER BE
SUED ANY OF THE ABOVE, THEY ARE CON MEN, DESPERATE TO MAKE A PAYCHECK. ************************************ Good News for Texas Residents:
Ina
recent court settlement, Lenahan Law Offices have been permanently enjoined from
collecting consumer debts in Texas under any circumstances.Contact me if you have any problems regarding Lenahan,
Account Management Services, The Law Center or Attorney Harry Cohn attempting to
collect in Texas.
CONSUMERS IN ALL
STATES SHOULD CEASE ALL PAYMENTS TO LENAHAN AND AFFILIATES IMMEDIATELY!
MAINE TAKES ACTION AGAINST COLLECTION
LAW FIRM!
In an April 13 order, the Maine Office of Consumer Credit Regulation penalized
Lenahan Law Offices, a law firm in Buffalo, New York, that buys delinquent debt
from credit card companies and other creditors. The Maine regulator fined the
New York collection law firm $9,000, and ordered the firm to stop contacting
Maine debtors.
Retired Attorney
John Daniel Lenahan and daughter Attorney Danielle J. Lenahan,
(fka/Danielle Fanning,) have NEVER been in the debt collection business until
they decided to "RENT' their law licenses to Douglas J. Mackinnon, Sr.
and Mark F. Bohn, two former debt collectors who worked for Buffalo, NY
collection agencies.
Mackinnon is calling the shots, hiring enough debt collectors to fill a
New York State prison to capacity.(WHICH MAY HAPPEN
SOONER THAN HE THINKS) He recently built a $500 thousand dollar house in the
Buffalo suburb of Clarence, NY, drives around in his new Hummer with (a pregnant
woman?) hiring, firing and making deals. Doug has plans to expand his empire of
sewer rats to Ft Erie, Canada (across the river from Buffalo, where the wages
are cheap and the laws do not exist) Lockport, NY Florida and Virginia. Doug's latest fraud is to use this name: 'THE LAW CENTER' so his
hired goons can lie, intimidates, threaten, and harass innocent consumers on
worthless debts he bought for almost nothing. Doug pays his collectors
commissions that run as high as 25% of what they collect. My sources state that
his offices are hitting $3-4 million a month by terrorizing consumers with their
lawlessness. It is no secret that Daniel and
Danielle Lenahan are being taken to the cleaners by Mackinnon, who is
making more money than a South American drug cartel. Doug had a reputation for
NOT paying his bills, according to Erie County courthouse records, so this
sudden influx of steady cash must have him drunk with power and an ego that is
out of control. (Not to mention his humming Hummer!)
Do you work for Lenahan? Is your real name
perhaps, Doug McKinnon? Dan Payne, Mike Mancone? Mike
Pollina maybe? How about David Obrochta? Alternatively, could it be
Dan Chyriath or one of the Duchon brothers, Andy & Chris?
OR, are you an employee of the latest Mackinnon/Lenahan fraud being
operated by (possible future inmates) Chris Glab and Brent Paradowski
on Niagara Falls Blvd. These are illegal operations known to the authorities. Is
it worth a felony charge for participating? Are Chris & Brent going to
claim they didn't know what they are doing is illegal? Can anyone working with
them also be prosecuted?
What affiliation with Lenahan is the Giove Law Office of Niagara
Falls? What are Vincent 'Soprano' Bianco and Anthony 'The Bull'
LaGambinas (driving his black Benz) doing with this collection agency? Who
drives a silver Benz with the tag SIFDUE "settlement in full due" Does
that Range Rover really belong to Lawyer Giove? Where is ALL that cash
going? Are they buying into the Lenahan operation? Who is REALLY behind
them?
Theperson claiming to be Charles Rockwell or any
police/law enforcement official/investigator is Michael A. Mancone (with
no felony indictment yet issued) A 24-year-old loser,
steroid freak piece of trash debt collector with a big mouth and a bad temper.
He drives a white mercury cougar with the tag "DIESEL 69,"
rents a flat at:
32 MMuskingum (upper)
Depew, NY 14043(watch out
for the dumb-bells)
Michael is the top dog at Lenahan,
reportedly averaging over $50,000 a month in collections, by threatening
consumers with immediate legal actions.Numeroustapes have been made of Michael, we always accept more
and they are being collected for lawsuits and to turn over to law enforcement
for prosecution.Michael thinks he will never
pay for his lawlessness, we think otherwise. Michael is so sick he
thinks he will never face criminal prosecution for the felonies he commits.
Michael Myers, I mean Mancone, you will make a good 'bitch" in the
New York State Prison System.
Next, contact Daniel J. Lenahan to let him know
how you feel. After all, , he is being paid $15,000 a
month for the use of his name and law license, so make him earn his rental
fees. You can reach him by FED-EX with you
cease-comm
letters at his home. Once Lenahan is notified, he must comply or face
ethics violations with the State Bar of New York. Lenahan and his
cronies are being sued almost daily for violating collection laws.
FEDEX to: DANIEL J. LENAHAN, (Rent -A-Lawyer)
52 Campus Drive
Snyder, New York
14224
PHONE: 716-674-0938
This information is being posted because Lenahan is allowing his employees
to break state and federal laws that pertain to debt collection. This is NOT a
harassment tactic; it is a method to force him/her to comply with the laws that
govern collection agencies.
TO FILE A
COMPLAINT AGAINST LAWYER LENAHAN, CONTACT:
The New York State Bar at:
Attorney Grievance Committee
295 Main Street
Suite 1036
Buffalo, NY 14203
(716) 858-1190
Web Site: www.nysba.orgWith
your complaints and charges.
John Daniel Lenahan and daughter Danielle Lenahan, of Snyder, NY (a Buffalo,
NY suburb) took over when former debt collection attorney Steven Munson, of
Watertown, NY, then called this operation the 'Munson Law Offices.' My sources
tell me that Munson 'bailed-out' because of the bad name and reputation this
collection organization had and the intense pressure it put on him and his law
practice.
Lenahan and his daughter are ONLY licensed to practice law in New York State.
That means neither of them can sue anyone outside of New York State. Also, be
advised they do NOT employ attorneys in other states to file lawsuits, so do NOT
buy the lies told by their debt collectors like Michael Mancone, Sean Payne,
Dave Lezynski, and Tracy Dollas who are all liars, con-men and thieves
"I can tell you it was a life lesson learned about attorneys and how to
monitor them," he said during an interview.
Getting taxpayer money
While it squeezed money from debtors, the Lenahan operation might
also have collected from taxpayers.
In the spring of 2003, Bohn and MacKinnon created a company called Account
Management Services of New York LLC that quickly won approval for nearly
$600,000 in public subsidies. The company was based at a building on Great Arrow
Drive in Buffalo, a call center it shared with Lenahan Law Office.
Bohn's company promised to save some jobs being erased by the shutdown of a
company called Telespectrum Worldwide, the former occupant of the Great Arrow
Drive building.
Empire State Development Corp. awarded the company $350,000 for preserving
400 jobs at the former Telespectrum building. The Buffalo and Erie County
Workforce Investment Board granted an additional $234,000 to help train 395
workers.
Bohn denied that the grant to AMS funded training of Lenahan workers,
although he says he does not remember whether all 395 trainees covered by the
training grant were on the AMS payroll. "I don't think we were ever sharing
employees," he said.
The subsidies for AMS of New York came during a rush to replace jobs being
erased at Telespectrum, officials said. James Finamore, director of the
workplace training agency, said Erie County Executive Joel A. Giambra made a
special appeal.
"The county executive sent us a letter [urging] to do anything we could for
laid-off Telespectrum employees," Finamore said.
Empire State Development is suing the company in an Albany court to get its
money back.
Who was in charge?
In court papers, the owners of the Lenahan firm, John D. Lenahan
and his daughter, Danielle, painted a different picture of their links with
Bohn's company. Their testimony was compelled by lawsuits in Maine and Texas.
Bohn and MacKinnon's company did more than supply accounts for collection,
the Lenahans testified - it also hired the workers, provided office space,
handled the money and kept the records.
The father-daughter team and one associate were the only lawyers at the firm,
they said. The attorneys worked in a small office in West Seneca, separate from
offices where the collectors worked.
The lawyers were supposed to train and monitor employees, but they were not
even aware of all the offices that operated under their name. Danielle Lenahan
said she learned of one Amherst location after seeing the address cited in a
lawsuit against her.
"I was shocked," she said.
In return for supervising collectors, the Lenahan firm was supposed to
receive a cut of the take, a deal that yielded $5,000 to $10,000 a month, the
Lenahans said. The offices took in anywhere from $1 million to $6 million a
month, they said.
Asked how many times he had been sued for collection activities, John Lenahan
testified, "I couldn't even guess."
In an interview, Danielle Lenahan defended the firm's collection record. She
said her offices made dunning calls on thousands of debtors, so some complaints
are normal. "It's part of the business," she said.
The court penalties against her and her father lack foundation because the
lawyers were not able to defend the cases, she said, leading to one-sided
"default" judgments.
"Those were just allegations," she said, declining to comment on individual
cases. John Daniel Lenahan did not respond to requests to comment.
But judges and regulators across the country decided that they had seen more
than allegations.
Bankruptcy Judge Trish Brown in California called the firm's tactics
"egregious" for threatening a woman whose debts had been erased in bankruptcy.
The collector falsely said that "prosecuting attorney Lenahan" had filed a case
against the woman. And the threat, implying criminal charges, was left on her
mother-in-law's answering machine.
Ignoring a state's
ban
Maine's consumer credit regulator banned Lenahan from calling the
state in 2004 after seeing a pattern of threats, but even that did not end the
calls. After the ban, someone from the firm tried to collect $1,800 from a woman
who owed about $500.
"Testimony from witnesses revealed a clear and consistent pattern of illegal
behavior on the part of Lenahan's collectors," Lund wrote after a hearing in
2004.
Federal Judge Julie E. Carnes in Georgia penalized the firm $135,000,
including $50,000 in punitive damages, after hearing Mary Ekers' story. Ekers, a
disabled factory worker who needed a wheelchair and an oxygen tank to get to
court, said Lenahan took more money from her checking account than she
authorized, using an account number she had provided as part of a payment plan.
When she complained, the collectors threatened that she would be hauled into
court. Three other Georgia residents supported Ekers' story of being threatened
by Lenahan workers.
"She slept dressed in her clothes because she was afraid the deputies would
come, and she didn't want to go to jail in her nightgown," said Ekers' attorney,
Kris Skaar.
How could licensed attorneys pile up a record of misdeeds in plain sight and
keep going for years?
Maine regulators would like to know the answer. Lund said he filed a
complaint with lawyer overseers after banning the Lenahan firm in 2004.
"We sent a complaint to them right away, because there were pretty clear
violations of federal and state law," Lund said. "We were expecting a pretty
quick response, and we didn't get it."
The Attorney Grievance Committee, an arm of the state appeals court,
investigates allegations of attorney misconduct. Deputy Principal Counsel
Vincent Scarsella said committee rules block him from discussing any particular
case. This confidentiality rule protects lawyers' reputations from groundless
complaints, he said.
The committee may take "a week to two years" to complete an investigation, he
said, before taking action against a lawyer.
"That's the process - it sometimes takes a long time," he said, "but . . .
it's the guy's livelihood."
No hard-and-fast rule defines how much involvement lawyers must have in a
firm that bears their name, making it difficult to crack down on collectors that
masquerade as law firms.
"Different courts have said different things - it's kind of a gray area,"
said Cindy White, executive director of the National Association of Retail
Collection Attorneys in Washington, D.C. "We do have firms with hundreds of
employees and only a few attorneys."
In April, six months after withdrawing from the collection operation, John
Lenahan, age 75 and semiretired, gave up his law license, ending whatever
disciplinary action he might have faced. Danielle Lenahan would not comment on
whether she faces disciplinary action from the grievance committee.
The Lenahans say they have dropped their collection business, but some of
their former offices continue to operate under new names.
Timothy Collins said he took over a former Lenahan office in Amherst, hired
its workers and started collecting debts for Bohn and MacKinnon in the fall of
2004. Collins Law Office, with 35 collection workers at two locations, now
brings in about $400,000 a month.
Collins said his offices are improving their compliance record, now that some
former Lenahan workers have left. "I think its better now than it was at one
point," he said. "I feel a lot better than I did a year ago."
Murky standards for
firms
Lawyers have built-in advantages when it comes to getting money
out of people. States frequently waive license requirements for lawyers that
they impose on other collectors.
More important is the leverage that comes with being an attorney. Debtors who
get a call from a law office may envision a courtroom in their future. They
probably don't picture a call center. However, vague professional standards
allow collection operations to wear the mantle of a law firm, whether or not
they perform courtroom work.
Courts have said a lawyer needs to have "meaningful involvement" with an
office, said Eric Berman, a Long Island collection attorney and a director of
the collection attorneys association, but there is no specified ratio of lawyers
to nonlawyers.
"The key thing is supervision," Berman said. At large firms, many clerks and
paralegals pitch in with the work. He said, however, that "all this stuff is
being done under auspices of lawyers."
It is not necessary for a law firm to spend much time in court to be
legitimate, he added, since some firms specialize in settling cases. Lenahan
collectors dunned people across the country, although the lawyers were licensed
to practice only in New York and Florida.
In December, John and Danielle Lenahan filed for bankruptcy, putting claims
against them on hold. Some victims of abusive collection tactics are going after
Bohn's company, but it's unclear whether the penalties will be paid.
They coerced Sally Beckmann to pay $5,300 in credit card bills - and it wasn't
her card.
They rained calls on Nadine Frankenfield as she tried to recover from lung
surgery, then denied it.
And they told Barbara Roan to pay her ex-husband's $7,300 debt or go to jail.
"I was afraid to open my door because there might be a cop there to arrest me,"
the Illinois grandmother said.
People don't get sent to debtors prison anymore. In fact, it's against the law
for collectors to shake people down with false threats and harassment.
But that's what some collectors - even law firms - are doing. And Buffalo, a hub
for the collection industry, is prominent in debtors' complaints.
"There must be something in the water in Buffalo that makes people mean," said
Dale Pittman, a Petersburg, Va., lawyer who has sued area agencies. In a
six-month investigation into the debt collection industry, The Buffalo News
found:
• Complaints filed with federal regulators have quadrupled in four years - led
by people who say they don't owe money. State regulators also see surges in
complaints.
• Banks sell their old debts on a wide-open market and then turn their backs on
illegal and unethical collection tactics.
• The $1,000 civil penalty faced by unscrupulous collectors has been the same
for 30 years, making aggressive tactics profitable.
"The whole nature of the industry is there are incentives to be aggressive,"
said Peggy L. Twohig, an official in the Federal Trade Commission's Bureau of
Consumer Protection. "The collector makes more if they collect more debts - the
incentive is there to cross the line."
Agencies usually keep 10 cents to 50 cents of each dollar they collect, and
their workers earn more the more they bring in.
Collectors say that deadbeats file groundless complaints to wiggle out of paying
and that real abuses are a tiny fraction of the calls they make.
The consumer outcry "is largely due to the fact that there's a tremendous amount
of bad debt that's being referred to collectors," said Rozanne M. Andersen,
general counsel of ACA International in Minneapolis, formerly the American
Collection Association.
Consumer debts are up 16 percent since 2001, and last year's bankruptcy law
changes will make it harder to erase them. Collection agencies have added almost
10,000 jobs in the past four years.
But an increase in dunning calls isn't the whole story, consumer advocates say.
"When you compare the amount [collectors] pay for lawsuits compared to what they
collect, it's a cost of doing business," Amherst consumer lawyer Kenneth Hiller
said.
Fingers point at Buffalo
Consumers are howling about abusive tactics. And while Buffalo collectors are
hardly the sole culprit, many fingers are pointing in this direction.
Watchdog agencies in Maine, Idaho, Colorado and New York have come down on
Buffalo-area firms, while the FTC collects more than 500 complaints a year about
the area.
Consumer lawyers say Buffalo is driving many clients like Beckmann, Frankenfield
and Barbara Roan to their doors. Roan laughed, at first, when the woman from
Lenahan Law Office told her to pay $7,300 for her ex-husband's six-year-old
credit card bills. She hadn't spoken to him for years. But the caller said she
faced a criminal charge.
"She finally got me convinced," Roan said of the collector. "She kept telling me
I needed a lawyer because I was going to jail - I was such a nervous wreck I
went to the doctor."
Besides going on antidepressants, the incident also forced her to contact her
ex-husband for the first time in years - to ask if he had accused her of fraud.
"I didn't want to [call]," Roan said, "but I wanted to find out what was going
on."
When another Illinois woman came forward with a tale of similar threats, a
federal judge fined the Buffalo-area firm the standard $1,000 federal penalty -
plus $150,000 in state punitive damages.
"Why has Buffalo become the debt collection capital of America - the steel mills
are gone and this is what they chose to replace them with?" asked Richard N.
Feferman, a New Mexico lawyer and Eggertsville native. "It's an industry that's
a little out of control."
The phrase "Buffalo-style collecting" appeared in a New Jersey newspaper, the
Randolph Reporter, in February as a synonym for tough tactics.
The industry shows a different face to the local economy. One agency owner wears
the license plate "WELUVDBT" on his Land Rover. That could be the motto for the
entire region: Call centers from downtown Buffalo to rural Wyoming County make
this one of the collection industry's top 10 hubs. The offices employ some 5,000
people, and the pay is good. Workers earn $34,000 a year on average. A grateful
state gave $1.4 million in taxpayer money to area agencies since 2002.
"Collections is a legitimate industry - it's not run by a bunch of thugs," said
Larry Costa, marketing vice president at Capital Management Services in Buffalo.
A few bad apples?
The region hosts some 43 collection agencies, including an office of the
nation's biggest, NCO Financial.
The actions of a few companies shouldn't tarnish the industry's reputation,
Costa said. "There are good, highly reputable firms here," he said. "There may
be ones that are questionable, but that's not unique."
But other collectors called for stronger enforcement to rein in harsh tactics.
"The FTC and the attorney general haven't really done what they should be
doing," said Joel Castle, a second-generation collector and a founder of the
industry's Buffalo presence.
"There have been people in the past that have crossed the line, [but] I've never
seen it as bad as now with these law firms that are in collections," he said.
Several collection offices that operate as law firms around Buffalo are using
abusive tactics, according to regulators and consumer lawyers around the
country. The owners of Lenahan Law Offices went bankrupt in December under the
weight of court penalties for collection abuses. Giove Law Office was banned
from collecting in Idaho for threatening debtors with criminal charges. Collins
Law Office agreed to stop calling Maine consumers after a crackdown by state
consumer officials.
Officials also point the finger at some of the area's oldest and largest
collectors. Creditors Interchange in Cheektowaga paid New York's attorney
general $60,000 in 2003 to settle complaints about revealing people's debts to
outsiders. The next year, Minnesota fined the company $10,000 for false threats
and other violations.
Even industry leader NCO Financial, with an office in Getzville, has come under
fire. In January the company paid $300,000 to Pennsylvania's attorney general to
settle 800 complaints from around the country.
NCO and Creditors Interchange denied wrongdoing.
Collection is a necessary cog in a debt-fueled economy, but collectors who push
too hard can jeopardize jobs with a barrage of calls to the office, damage
reputations by revealing debts to outsiders and make people cower in their homes
with fear.
Even worse, the pressure isn't reserved for debtors. A growing number of people
say they're being hounded for money they don't owe. At the FTC, 42 percent of
complaints charge that collectors had the wrong person or demanded extra money.
Paying another's bills
Seattle-area resident Sally Beckmann paid $5,300 in credit card charges in 2004
after a collector convinced her she was on the hook for her sister's bill.
"They threatened to garnish my wages and put a lien on my house," the
supermarket worker said. "They had so much information, I just believed it."
The collector said her sister put Beckmann's name on a credit card application,
but the sister denied it and took the collector to court. Beckmann wound up
getting her money back when her sister settled with Giove Law Office in Niagara
Falls. The incident tore a rift in her family, she said.
"I had put out $5,500, so I was a little irked," Beckmann said. "We wanted to
retire - this put a wedge between us. It was bitter for a while."
Rodney A. Giove denied wrongdoing in court papers and didn't respond to
inquiries.
Abusive practices can spread quickly, one Buffalo-area worker said. "There's so
much money to be made, it's easy to cross the line," he said. At this worker's
office, managers gave lucrative accounts to top performers while turning a deaf
ear to their tactics. Aggressive collectors pulled down bonuses of $4,000 a
month and threats became common, even though managers officially denounced them.
"The bottom line was how much money you were putting on the board," the worker
said. "I heard collectors threatening children on the phone [that] the marshals
would be there to take their mother and father away."
Mere telephone calls - even threatening ones - may seem harmless, but they can
squeeze some people like a vise.
Nadine Frankenfield was resting at home in Bethlehem, Pa., after lung cancer
surgery when a collector barraged her with angry calls. When she told him to
stop because she was short of breath, the man said he "didn't call to hear about
your lungs," she said in court papers.
The company, National Action Financial Services in Amherst, denied making the
calls, but phone company records showed seven calls on a single day in 2003.
Frankenfield's court case turned up a training booklet that urged workers to
exploit "gray areas" in rules against false threats by using "hypothetical
statements" instead of explicit threats. Company officials didn't respond to
questions.
Collectors explain surge
Industry representatives aren't convinced that abuses are growing. Friction with
debtors is a fact of life in the collection business, and a slowdown in the rise
of FTC complaints last year shows the trend is "turning the corner," Andersen of
the industry association ACA said.
While collectors say that deadbeats use complaints to skip debts, consumer
advocates say that many other people face threats and harassment in silence.
Buffalo isn't just a source of the problems, it's also a target. Metro area
residents filed 121 complaints about collectors with the FTC last year, among
2,700 statewide.
Industry rolls on
Fighting with consumers isn't hurting the collection industry's growth. In Erie
County, jobs leapt 35 percent in three years through 2004, and agencies say
they're poised to expand further. Since Jan. 1, four collectors announced
expansion plans that could add another 855 workers by 2008.
"In bad economic times, business is good. In good economic times, business is
better," said Castle, the former head of Great Lakes Collection Bureau, one of
the nation's largest agencies before he sold it in 1997. Now he's starting
another agency in Amherst that he says will grow bigger than Great Lakes.
"There is a bubble coming down in debt," he said, "that I think is going to be
unprecedented."
e-mail: fwilliams@buffnews.com
Tomorrow: Terrorizing tactics of rogue collectors.