The most common thing Oklahomans are taken to court for is debt. But a new report from Oklahoma Access to Justice Foundation shows many people being sued for debt lose because they don’t engage.
OAJF Executive Director Katie Dilks says it doesn’t help that the process is opaque. For instance, Dilks says when someone gets notified of action in civil court, there are certain required steps, but those aren’t explained.
“Now the response required from somebody getting sued in civil court is they have to formally file an answer in order to get the case scheduled to be heard, and there’s no directions given on how to do that, what it should include. It’s just you get served, and you’re supposed to know that the next step is you’re supposed to file an answer,” said Dilks.
An attorney is out of reach for many being sued for debt, the report says, because debt lawsuits typically affect low income households. Less than 6% of debtors secure legal help. In small claims court, 40% of creditors have representation. In civil court, that number climbs to 90%.
OAJF recommends a number of actions, including more plain-spoken communication from the legal system, increased use of mediation to include virtual services, expanded protection around garnishment, and more requirements to show creditors own the debt they claim.
“It’s not about giving one side an advantage over the other, it’s really about ensuring that our justice system that’s supposed to provide justice for all actually does,” said Dilks.
Eight of the top ten debt collection filers in Oklahoma are national corporations. Oklahoma-based Integris Healthcare System and Red River Credit Union join national outfits like Capital One and Discover banks as filing the most debt collection lawsuits in the state.
