Reason #167 to Hate Banks and Credit Card Companies

| Mon Aug. 13, 2012 10:35 AM EDT

Not that you need one, but here's yet another reason to hate banks and credit card companies:

As they work through a glut of bad loans, companies like American Express, Citigroup and Discover Financial are going to court to recoup their money. But many of the lawsuits rely on erroneous documents, incomplete records and generic testimony from witnesses, according to judges who oversee the cases.

....“I would say that roughly 90 percent of the credit card lawsuits are flawed and can’t prove the person owes the debt,” said Noach Dear, a civil court judge in Brooklyn, who said he presided over as many as 100 such cases a day.

....The errors in credit card suits often go undetected, according to the judges. Unlike in foreclosures, the borrowers typically do not show up in court to defend themselves. As a result, an estimated 95 percent of lawsuits result in default judgments in favor of lenders. With a default judgment, credit card companies can garnish a consumer’s wages or freeze bank accounts to get their money back.

If borrowers usually don't show up, banks have a huge incentive to push the boundaries and simply claim as much as they possibly can with as little evidence as they can get away with. It's a nice position to be in.

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