Utah Bar Journal

Pilot Electronic Filing of Debt Collection Complaints

by Denise Adkins

A little over a year ago, our firm was approached to take place in a pilot program with the Utah District Courts for debt collection filings. This pilot was working to develop a program to assist plaintiffs in filing pleadings with the courts electronically. The company who spear-headed this is called Tybera Development Group, Inc. Tybera approached our firm because we represent a collection agency with a significant volume of debt collection civil cases. After the discussion with Tybera on what their goal was, our firm jumped at the chance to be a part of this program. The possibility of a paperless system was enticing and the prospect of filing a complaint with the court and obtaining a civil number within minutes was even more exciting.

What this process entails is, via the electronic world, a PDF or TFF version of the complaint, summons, affidavit of service and any supporting documents are submitted to the court with a cover sheet that, in the court's computer's language, paves the way for the submission. The attorney signs the documents with his digital signature and payment is made with a credit or debit card. Within minutes, the case is assigned a civil number and a receipt is provided to the plaintiff. This is not only beneficial for the courts as it reduces the number of paper filings that are manually entered by clerks each day, but incredibly beneficial to the plaintiff as it reduces costs of courier service to deliver the filings to the court, reduces costs in paper, and reduces the risk of an untimely filing. Filings are taken any time of the day. However, if submitted after 5:00PM, they are clocked into the docket on the following business day. At the time default judgments or other motions or pleadings are submitted to the court for ruling, the clerks review all the documentation submitted with each electronic filing to make sure all the necessary documentation was received in its entirety.

This program will potentially allow other pleadings to be submitted electronically, such as default judgments and garnishments. With those as potentials, we are doing everything we possibly can to see that this program gets the support needed to make the possibilities a reality. A semi-paperless system can be beneficial to all who participate, especially collection attorneys. The capability of submissions of complaints being made electronically and receiving civil numbers back within minutes can assure that there will be no delays when the appropriate time period has elapsed for default judgments to be prepared and filed with the Court. Soon, default judgments can be filed electronically; entry of a default can be made within a week rather than in weeks, so long as all information submitted with the filing is correct. Then, of course, when garnishments can be submitted electronically, the benefits are endless. If you can submit a garnishment electronically, and after verification of the judgment is made, it can be returned to the attorney within minutes with a water mark seal showing its issuance by the court. The attorney can then print out the issued garnishment and hand it to a process server to assure that service of the garnishment is made expeditiously.

I know that the benefits and possibilities that this technology provide will only improve our firm's practice - imagine what it can do for you in your practice.

Posted by at May 3, 2005 03:43 PM