Consumer debt litigation presents a crisis for individuals and for state courts across the country. At the individual level, millions of economically struggling Americans are sued annually by creditors and debt buyers. In an overwhelming number of these lawsuits, estimated at more than 70% in many jurisdictions, those sued do not respond to or defend the suits, sometimes forgoing valid defenses.

As a result, courts routinely enter default judgments against them—which means issuing a judgment without reviewing the merit of the claims—subjecting the individuals to crippling fees and interest, onerous payment plans, wage and bank account garnishment, potential imprisonment, and other destabilizing harms. Sometimes people learn they have been sued only when their wages or assets have been seized.

States across the country have established laws and practices that reduce unjust case filings and produce fairer treatment and outcomes. See State Leaders Seek More Equitable Processes for Handling Debt Collection Cases. To spur this progress, the National Center for Access to Justice in 2024 created the Consumer Debt Litigation Index that measures the degree that each state is moving forward in nine areas based on 24 Benchmarks that track a set of "best policies" for increasing fairness.

We invite you to read our Report, review NCAJ's List of Issue Areas & Benchmarks, consider The Benchmarks Explained, and then scroll down (below) to view your own State Report, see how your state compares to others, and learn how each state can improve its score and increase access to justice. NCAJ welcomes questions and suggestions about the Index in all respects at ncaj@fordham.edu.