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Credit Cards Hit Clients With 'Robo-Signed' Lawsuits

Courts flooded with cases based on slim or falsified evidence

By Kevin Spak,  Newser Staff

Posted Aug 13, 2012 8:19 AM CDT

(Newser) – Looks like mortgage foreclosures aren't the only things banks "robo-signed." A glut of credit card lawsuits is revealing that card issuers have the same tendency to use shoddy, incomplete, or erroneous documents against clients, the New York Times reports. Companies like American Express, Citigroup, and Discover have been filing lawsuits against clients to recoup unpaid bills, but dozens of judges, regulators, and lawyers say their evidence is atrocious, and includes mass-produced documents or flat-out falsified ones. (In one case, a document Discover says was from 2004 featured ads dated 2010 on it.)

In many cases, lenders sue after piling on erroneous fees. "I would say that roughly 90% of the credit card lawsuits are flawed, and can't prove the person owes the debt," says one Brooklyn judge, who sees as many as 100 such cases a day. He recalls one witness giving identical testimony in a slew of cases—or, as he termed it, "robo-testimony." The Times notes that some credit card holders say they don't owe anything, but most don't agree with the amount the card issuers claim is outstanding. But because borrowers rarely show up to defend themselves, lenders win 95% of the time, their errors unnoticed.

Credit card companies are going to court with faulty documents.
Credit card companies are going to court with faulty documents.   (Shutterstock)
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COMMENTS
Showing 3 of 11 comments
EugeneDebs
Aug 13, 2012 11:07 AM CDT
Well considering I don't use credit cards or borrow money of any kind anymore, I'm free from this nonsense. I'm 43 yeas old, I paid off my house, I have no car loans and no student loans. I only use debit cards (from a couple different accounts in case of fraud) and cash. It's the only way to be truly free. Credit cards don't provide THAT much convenience since a debit card is just as handy and mine has the same protections. You just have to have the money in your account--which is the way things should be anyway...
LoginsSuck
Aug 13, 2012 9:37 AM CDT
Finally credit cards are being called on this. I had a store issued card call me 8 years after I closed the account trying to collect on a 120.00 charge from 6 years previous. They told me they would make sure my credit was ruined if I didn't pay up. I got calls twice daily for 2 weeks straight.  I said prove that I didn't pay those charges and that they were even mine. They could not come up with any records to do either, but asked me to provide a statement from 6 years ago proving I had zero balance or they would sue (no statements because account had been closed for over 2 years). I asked for copies of my statements and they said they didn't have them anymore. Calling their bluff, I said go ahead and sue, you can't even prove I owe this bill. Never heard back from them and never showed up on my credit report either. They are nothing but bully's trying to get money and they don't care or bother to look for real paperwork or evidence. This happen over 10 years ago. Since that time I have kept every statement of any credit we happen to take out, especially the ones saying that the card has a zero balance and the account closing documentation. I have had to use those one other time for a similar debt collection agency situation. Seems the credit card company took my money for my account that I closed shortly after final payment and then sold the same debt to the collection agency. Agency had all the paperwork that the credit card company gave them showing I made those charges, but not the final showing zero balance. Bet they were none to happy to find out the credit card company had scammed them. I didn't shed a tear either, especially after the nasty tactics and threatening methods they tried using on me to collect a bill that I had paid.
Grandpa_Timbo
Aug 13, 2012 9:22 AM CDT
Just another form of vulture capitalism. If roMoney is elected, look for more of the same from those poor and helpless "people" corporations.
 

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