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Enhancing Due Process in Consumer Debt Proceedings
Erwin, Emily Fedors, Jonathan Venit, Grace
Erwin, Emily
Fedors, Jonathan
Venit, Grace
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Genre
Report
Date
2020-12-30
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Department
Law
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DOI
http://dx.doi.org/10.34944/dspace/7896
Abstract
Description
As participants in the Access to Justice Clinic at Temple Law, we have spent this fall educating ourselves about consumer debt cases, how those cases are typically managed by Philadelphia Municipal Court (PMC), and reforms that have been introduced in Philadelphia and elsewhere to assist the overwhelming numbers of defendants who lack legal representation. We have spoken to PMC staff, current practitioners before the court, nonpartisan researchers, and a volunteer lawyer- for-the-day program director. We have studied the mounting body of research and reporting on the sharp rise in consumer debt cases and the difficulties that self-represented defendants in such cases experience. The consensus is that, in most cases, self-represented defendants need more information to receive a fair and meaningful hearing, and that even those who appear in court to defend against claims that are legally insufficient often lose if they lack representation. While further study is needed to determine whether and which types of problems with these cases exist or predominate at PMC, the goal of our project was to understand the challenges faced by self-represented defendants in Courtroom 5. Based on what we have learned, we are recommending a set of reforms focused on enhancing due process for self-represented defendants in small claims consumer debt proceedings. We recognize that a majority of cases end in default judgments, and distinct studies could shed light on whether they are the result of defendants being inadequately informed. While it is possible that some of the recommendations would have a positive impact on the default numbers, our focus is on due process for people who receive notice and attend their hearing.
Citation
Enhancing Due Process in Consumer Debt Proceedings (2020)
Citation to related work
Available at: https://law.temple.edu/csj/publication/enhancing-due-process-in-consumer-debt-proceedings/
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