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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: 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.


[ Page 2 ]  /  [ Previous page ]

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.

Peter Damon is one whose dignity took a considerable beating. (Read court documents related to this case here.)

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.

 


 
Debt collector Norfolk Financial Corp. claimed that Peter Damon, who lost his arms in Iraq, was not a soldier. (Globe Staff Photo / Michele McDonald)
(Read court documents related to this case here.)

 

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.''

Barrett declined to be interviewed.


[ Page 3 ]  /  [ Previous page ]

Humbling experiences

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.''


 

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A bargain for big collectors

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.


[ Page 5 ]  /  [ Previous page ]

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.


[ Page 6 ]  /  [ Previous page ]

A tipped scale

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.

 


[ Page 7 ]  /  [ Previous page ]

A tipped scale

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.

Marcelin was locked up for 28 days.

(Read court documents related to this case here.)

Coven defended his ruling. ''He had the keys to the jail cell,'' Coven said. ''All I was trying to do was get a court order satisfied.''

Part 3: Behind the badge

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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.

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

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.

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

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)

 
[ Page 3 ]  /  [ Previous page ]

A badge without scrutiny

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


 

Page 5 ]  /  [ Previous page ]

Restraint among sheriffs

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.''

NEXT: National crisis, official silence



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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.

 
 RELATED: Legislators also among collectors' targets
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 2: A court system compromised
 DEBTORS' HELL PART 3: Behind the badge

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.


[ Page 2 ]  /  [ Previous page ]

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.''


[ Page 4 ]  /  [ Previous page ]

Low income, high profits

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.


[ Page 5 ]  /  [ Previous page ]

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.

Confidential Document 1- UNIFUND v Account Management Services

Confidential Document 2 UNIFUND v AMS Reply

Confidential Document 3 UNIFUND v AMS Mark Bohn Affidavit

Confidential Document 4 UNIFUND v AMS OOS Receivables

Confidential Document 5 UNIFUND v Debt Management Services


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.

"Why do these guys with a dismal track record and a staff of two-bit thugs . . . deserve a half-million dollar grant?" asked one California woman who was harassed by a collector with a wrong number. Maine's attorney general says that a company called Account Management Services and its owners, Mark Bohn and Douglas MacKinnon, operated the collection business under the Lenahan name.

"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.

Bohn said his company buys up bad debt and hires lawyers to collect, including 18 firms around Buffalo. Lenahan was what he described as a "pre-litigation" firm that collected debts with little courtroom work.

________________________________

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: 716-447-8105
 
2265 George Urban Blvd
Depew, NY 14043-1921
Phone: 716-681-3838
Fax: 716-681-2892

Bud Says...

ONE OF AMERICA'S WORST COLLECTION AGENCYS!

         GIOVE

The Lenahan List of Collection Associates
The following 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 14043
716-683-3000
  • 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)


<<<<<   UPDATE Mar 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 District
295 Main Street, Room 1036
Buffalo, NY 14203
(716) 858-1190
 
Visit 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:

In a 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?


The person 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. Numerous tapes 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.org
With 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

budhibbs.com

______________________________________

Back to the Story....

Bohn denied that his company ran the Lenahan operation but acknowledged that it did provide office space. He was disappointed with the firm's record of complaints, he said, and both companies agreed to part ways last summer.

"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.

e-mail: fwilliams@buffnews.com
Tuesday: What to do if you're a target of unfair collectors.


Buffalo debt collectors are spreading havoc.


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.

 

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