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My first question is Is there any difference between a Discover Card and a Visa Card? Looking forward for any answer. My other question... I'm from Massachusetts, where I've heard that the courts are supposed to be consumer friendly. I had to bring something to court today and had some time so (out of curiosity), sat in the small claims session for a while..

There were 2 lawyers sitting up in the front who answered for all the cases that didn't have a lawyer present. Before the magistrate came into the room, they were calling up people to have them just sign a form and agree to the amount and make payments in installments. When the clerk called the list, the people who didn't show up received a default judgment (and there were quite a few)! There were a lot of cases for Midland, Portfolio and Arrow and people didn't show up and got default judgments. When I was there, with the exception of 1, all others signed a settlement..

The one who did want their hearing questioned the validity of the debt. Claimed they had sent a dispute to the collection agency who did not provide any info to them. Provided copies of 2 signed letters sent requesting the info. Well, the attorney for the collector just had a printout of charges and an unsigned letter that supposedly came from the person - stating they acknowledge the debt and agree to make payments. The person stated they did not send that letter. Well, the magistrate said that the collection agency did not have to provide any info to the person and said the unsigned letter the collection agency attorney had was the more credible document! I was sitting there in disbelief! When the person said that under the federal laws that when a debt is disputed that the other person needs to provide proof it is their debt, the magistrate brushed them off.

Told the person it was only $400-something, so just pay it!.

I left the courtroom and the guy came out, totally bewildered about the whole process. I stopped him and told him I could not believe what I just saw, but that he did have appeal rights (check the form when it comes in the mail). He said basically this magistrate said that any lawyer can send someone a letter stating they are collecting for anyone and they owe this much and pay it and there's nothing one can do! Though I did agree with him in this case, that's what the magistrate did, he should come onto this board and read, read, read! The guy said he would probably just pay it to get it out of the way, but was worried he would have a judgment on his credit report..

Apparently the spotlight the Boston Globe did a few years ago on debt collectors in MA and how magistrates in courts just push through the cases without requiring proof and the courts' promises to not do that any longer has fallen by the wayside...

asked Mar 04 at 09:25

Logan's gravatar image

Logan
28


Yes sir! although you might wanna make sure and wait for another member here to confirm it as I am unsure. Better yet, why don't you give a call to the Discover Card guys because they can give you help better...

answered Mar 04 at 10:43

Cameron
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Cameron
4571

So sad. I hope he appeals..

The courts in MA are a complete and utter disaster...

answered Mar 04 at 11:56

Ashley
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Ashley
1741

I cant decide who makes more mistakes in a debt collection law suits when consumers go pro se. The judge or the consumer?.

A judge has 0 excuses to make a mistake and no right to belittle a common man representing him/herself pro se..

Not all lawyers are respectful of law, that is apparent. This judge sounds like moron..

This post has been edited by.

Bobbydebt.

: 21 January 2010 - 02:20 PM..

answered Mar 04 at 12:51

Drake's gravatar image

Drake
1633

I hope he appeals and takes this up with a consumer lawyer. I should sit on small claims court once.. at the moment I have nothing better to do lol, and i've always been interested...

answered Mar 04 at 13:21

Audrina
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Audrina
982

Just to clarify, it wasn't a judge - it was a clerk magistrate..

I don't know about other states, but in MA clerk magistrates are like pre-judges. They don't have the judge title or the same responsibilities - if you appeal one of their rulings it goes to a judge..

Every single experience I've had with clerk magistrates in the commonwealth of MA has been laughable. These people truly exemplify stupidity and a total laziness to hold people accountable to the letter of the law..

I went in front of one years ago against an ex-gf who vandalized my car. The defendant admitted to vandalizing my car in front of the magistrate, paid me outside of court for part of the damages, but the magistrate STILL found her not guilty. Seriously, amazing stuff...

answered Mar 04 at 13:28

Daniel's gravatar image

Daniel
2329

Anyone can be a magistrate, even a clueless moron. They are not judges, and most of the time they were lawyers that couldn't cut it. I have been to small claims court MANY times, and in CT, they are idiots. I believe there is a process to appeal, in CT they send your case to a panel of magistrates...

answered Mar 04 at 14:08

Ayden's gravatar image

Ayden
3266

And yet people question me when I speak generally about why dogbite court is useless.....

Of course the person claiming documents HAD to be provided did themselves no favor by not properly aguing the issue. There is NO requirement that docs be provided outside of litigation, and that would have to be accomplished through discovery...an animal that generally does not exist until you get into a REAL court, not dogbite court...

answered Mar 04 at 14:44

Nicholas's gravatar image

Nicholas
3431

Somebody needs to put up a website and publicly shame these magistrates (including photos)...

answered Mar 04 at 16:14

Paisley
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Paisley
3309

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