A trade group for debt buyers, DBA International, says such problems are the exception.
The Federal Trade Commission declared last year that debt-collection litigation was a "broken system" in need of significant reforms. The nonprofit Consumers Union followed up this year with its own call for change. Lawsuits — many against affiliates of Encore Capital Group, one of the largest debt buyers in the country — are further ratcheting up the heat.
Encore's Midland Funding agreed in March to dismiss more than 10,000 cases in Maryland as part of a class action settlement in which it admitted no wrongdoing but promised not to refile the suits or sell the accounts.
When Maryland's court system took up the issue of debt-suit evidence, debt buyers and collectors alike weren't happy. The Association of Credit and Collection Professionals, which represents collection agencies, creditors and debt buyers, said it had concerns about requiring original records such as signed credit applications or account statements.
"The above documentation is often unattainable for a variety of reasons, the most important of which is that the original creditor no longer has the information or did not have it when selling an account or turning the account over for collection," two officials with the trade group wrote in a January letter to the committee.
Consumer attorneys saw this as an admission that many debt lawsuits are based on little evidence.
"Imagine if you went into court and said, 'Your Honor, he owes me the money, but it was a real pain to gather up the documents to show you. Can't you just give me the judgment?' " said Scott C. Borison, a Frederick attorney who represents consumers.
Industry players are pleased that the rules committee took their suggestion to allow the "charge-off balance" — the dollar figure the original creditor wrote off as uncollectable — as one piece of evidence (though not the only one). And the collections trade group, which goes by the name ACA International, has begun pressing for original creditors nationwide to retain account information longer.
"There's been some issues with how do you show who that consumer is and whether that consumer owes the debt," said Valerie Hayes, ACA's vice president of legal and government affairs.
Lindsay Warnes, a staff attorney for Maryland Legal Aid, suspects lack of information helps explain why she's seen a lot of lawsuits filed more than three years past the point of default, which makes them too late for court action.
"They may not know the date of default — they might have no idea," she said. "So they just file it and hope nobody notices."
Of the approximately 400 debt cases Middletown attorney Douglas Bowman has defended on behalf of consumers since January 2009, the plaintiffs won judgments in just 14, he said. Rarely, the Frederick County attorney said, do the debt buyers offer anything "that even starts to look like documentation."
But consumer attorneys are few and far between, and most people hit with a debt lawsuit don't get one.
In nearly 90 percent of the Maryland small-claims contract cases that end with a judge's ruling in favor of the plaintiff, the people who were sued don't show up to defend themselves. Most of those cases are about debt collection.
High rates of uncontested debt suits are the norm nationwide. Debt collectors say that's because the consumers know they owe the money. Advocates argue that the targets of suits are rarely in a position to afford a day off work, let alone a lawyer — and some aren't notified of the suit.
Whatever the cause, it means there's no trial. Judges — asked to make a decision based on paperwork provided by the plaintiffs, including affidavits swearing it's all accurate — have entered hundreds of thousands of judgments in favor of debt buyers and other creditors in the past five years. The companies can use those judgments to garnish wages, put liens on property and freeze bank accounts.
Clyburn, the chief judge of Maryland's District Court, said judges took debt-buyer affidavits at face value until evidence began mounting that all was not as it seemed.
Alarmed, he issued a checklist to judges last year to help them determine if requests for judgment are in order. Top of the list: "Has the debt buyer proved that it really owns the account?"
Clyburn said the checklist and the proposed rule changes — which the Maryland Court of Appeals could vote on as soon as September — should make a difference.
"It will put judges in a better position, able to focus on what is wrong with the pleadings," he said.
In the case filed against Marquis Jones, the Severn woman, the debt buyer's evidence consisted of several statements from the company that she owed the debt; part of a credit-card agreement with no identifying account information; and a one-page bill of sale showing the company's purchase of 569 accounts from another debt buyer — with no mention of whether her alleged account was among them.
Jones said she didn't realize she'd been sued until the company's law firm left a cryptic note on her front door. At that point, a judgment had already been entered against her for $992, plus about $150 in attorneys' fees.
The company's process server supposedly delivered notice of the suit to Jones' wife. But she's not married, let alone to a woman. She says there's no one at her home who fits the description given of the 5-foot-11, 200-pound "Shaniqua Jones" — she herself is 5 feet tall — and she doesn't know anyone by that name.
Hearing this, a judge struck the judgment and scheduled a trial. The University of Maryland law school clinic helped Jones get the case dismissed in March.
"It was a big mess — real big mess," said Jones, 56, who works in customer service and doesn't believe the debt is hers. "They were obviously just looking for anybody. Not the correct person, just anybody."