Small Claims Courts: David vs. Goliath

Small claims courts, once created as a balanced way for citizens to mediate issues, today have effectively become extensions of the corporate debt collection world. Anywhere from 60 to 85 percent of all small claims filed in Massachusetts are initiated by professional debt collection companies. Most of these suits have attorneys leading the way for the plaintiff, while the uninformed defendant is left fighting without weapons and thoughts of David vs. Goliath come to memory.

Claims, fueled by debt collection, have risen approx. 11 percent in the last decade, while court budgets have been slashed by 14 percent. It seems there’s barely enough time to get through the docket, never mind investigate the unique considerations behind each claim. It is a shame, as stories of single mothers fighting to keep ends meet and Iraq veterans unable to work, remind us of the harsh reality of a cold system.

The system is unfortunately stacked against the debtor, and its not getting any easier or more balanced. Court fees pile up with interest and late charges, and the debt grows larger and larger. The cost of getting behind with debt payments goes beyond monetary; it is indignity that accompanies the phone harassment and court appearances. There is no question - living with debt is a risk – the risk can be managed but not eliminated. Only by becoming debt free is the risk truly removed.