MFY Warns Proposed Court Forms May Harm Debt Litigants

MFY submitted comments strongly opposing the Office of Court Administration’s (OCA) proposal to create statewide forms for debt collectors to use when seeking default judgments in consumer credit actions. Although MFY recognizes OCA’s initiative in addressing the meager amount of proof required to obtain default judgments in these cases, the proposed forms actually serve to exacerbate the existing problems by enabling debt collectors to obtain default judgments based on “robo-signed” affidavits filled with hearsay and unverified information.  In addition, it is imperative that the documents required to establish ownership of the debt refer specifically to the account for which the defendant has been sued.  MFY is hopeful that OCA will take this opportunity to lead the New York courts in the direction of stronger, not weaker, due process protections.