Lawsuits rise and creditors behind many small claims, lawyer says
VALPARAISO | Mortgage foreclosures are up in Porter County this year, but there has been an even bigger jump in the number of civil cases filed for other types of debt.
The number of collection cases, which include credit card, medical and contractual debt, jumped to 2,103 during the first three quarters of this year from 1,490 during the same period last year, according to figures provided by the court administrator's office.
David Foelber, a Valparaiso-based attorney who handles collection cases, said he has experienced the increase firsthand and predicted the problem would worsen as the economy continues to weaken.
Individuals have less savings and more debt, he said.
The problem is actually much bigger than these collection cases indicate, he said. Additional debt-related cases are among the more than 15,000 small claims cases filed each year in the county's three lower courts, Foelber said.
The county was unable to break out the exact number of debt cases from the overall number of small claim filings.
The big difference between the two types of filings is that no more than $6,000 can be collected in small claims court, Foelber said.
There is help available for those who find themselves in over their heads financially with creditors knocking at the door.
Foelber said homeowners who face foreclosure can file Chapter 13 bankruptcy, which gives them the advantage of paying the debt more slowly as long as they can keep up with current mortgage payments. Those who don't file bankruptcy simply owe the money in a lump sum.
"That leaves most people in a hopeless situation," he said.
Another option is the free mortgage counseling and payment restructuring assistance offered by the nonprofit Consumer Credit Counseling Service of Northwest Indiana, said Director Darrolyn Sharp.
The Gary-based group, which serves all Northwest Indiana, also offers credit counseling and debt management services for a minimum fee of $30, she said. Counselors review the debt, contact creditors and come up with a payment plan that can result in lower interest rates.
The counseling service can be contacted by telephone at 1-800-982-4801 or online at cccsnwi.org.
Posted in Local on Sunday, October 5, 2008 12:00 am Updated: 12:30 am.
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