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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

Debtors' Hell The Boston Globe Boston.com
 
Debtors' Hell -- Preying on red-ink America
 
 
Debtors' hell -- About this series
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 AUDIO: Spotlight reporters talk about the series
 

 
 
Debtors' Hell -- Preying on red-ink America
 

No mercy
for consumers

Millions of Americans live in a debtor's hell from which it can be virtually impossible to escape.
 
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.
 
 

 
 
Debtors' Hell -- Peter Damon
 
(Michele McDonald / Globe Staff)

Dignity faces a steamroller

Small claims courts have mutated into a system that ignores individual rights and shows favoritism toward debt collectors and their lawyers. Audio AUDIO: Listen to today's story
Pop-up INTERACTIVE GRAPHIC: Small claims forms are murky
 COURT DOCUMENTS: Peter Damon  Marc Marcelin
 

 
 
Debtors' Hell -- Connie Sorenson
 

Enforcers' might goes unchecked

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 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.
 
 

 
 
Debtors' Hell -- National crisis, official silence
 

Regulators, policy makers seldom intervene

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.
 

 

Audio AUDIO: Spotlight reporters talk about the series

Chat transcript on debt in Mass.

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.''

 
Message Board MESSAGE BOARD: Post your thoughts on debt collection practices in the US, and tell us if you have had any encounters with debt collectors.
If you are interested in sharing your story with the Spotlight Team, just send an e-mail to debt@globe.com.

 DEBTORS' HELL PART 2: A court system compromised
 DEBTORS' HELL PART 3: Behind the badge
 DEBTORS' HELL PART 4: National crisis, official silence

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.


Page 2 ]  /  [ Previous page ]

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.''


 

[ Page 3 ]  /  [ Previous page ]

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.


[ Page 4 ]  /  [ Previous page ]

Leaders in car seizures

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.


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Driven to the brink

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.''


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Left in humiliation

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.


[ Page 7 ]  /  [ Previous page ]

Lives disrupted

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.''

Part 2: A court system compromised



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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.

 
Pop-up ANNOTATED DEBTORS' FORM: Murky instructions
Message Board MESSAGE BOARD: Post your thoughts on debt collection practices in the US, and tell us if you have had any encounters with debt collectors.
If you are interested in sharing your story with the Spotlight Team, just send an e-mail to debt@globe.com.

 DEBTORS' HELL PART 1: Preying on red-ink America
 DEBTORS' HELL PART 3: Behind the badge
 DEBTORS' HELL PART 4: National crisis, official silence

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.

 
Pop-up ANNOTATED DEBTORS' FORM: Murky instructions
Message Board MESSAGE BOARD: Post your thoughts on debt collection practices in the US, and tell us if you have had any encounters with debt collectors.
If you are interested in sharing your story with the Spotlight Team, just send an e-mail to debt@globe.com.

 DEBTORS' HELL PART 1: Preying on red-ink America
 DEBTORS' HELL PART 3: