America’s civil justice system and economy is facing a growing challenge. Debt collection lawsuits are being filed at a pace that many courts—and many consumers—are struggling to handle.
Recent research from the Pew Charitable Trusts shows that up to 4.7 million debt collection lawsuits are filed each year in the United States, making debt collection one of the largest categories of civil litigation. After declining during the pandemic, filings have surged back to—and in many jurisdictions exceeded—pre-pandemic levels. Researchers found that contract-related filings, including debt collection lawsuits, increased 21% in 2022 and another 15% in 2023, while most other civil case categories remained relatively stable.
The consequences are significant.
According to the Pew Charitable Trusts, consumers are represented by an attorney in fewer than 10% of debt collection lawsuits, and in some jurisdictions representation rates are as low as 0.6%. As a result, many cases end in default judgments—not necessarily because the creditor’s claim has merit, but because the consumer never meaningfully participates in the legal process.
For millions of Americans, the problem is not simply debt. The problem is navigating a complex legal system without legal guidance.
The Justice Gap Is Growing
Most people sued over consumer debt have never been involved in litigation before. They may not understand:
When these questions go unanswered, consumers frequently lose valuable legal rights before they even realize they had them.
At the same time, courts are being asked to process an ever-growing number of cases involving self-represented defendants. The result is a system that often cannot provide individualized attention to every litigant.
Trident Law Group Helps Fill This Gap
The Consumer Advocacy practice of Trident Law Group has been finding creative ways to help people struggling with debt since 2009. Through its Debt Defense and Debt Resolution Program, the firm helps consumers navigate both the legal and financial issues surrounding unsecured debt.
Remarkably and out of economic necessity, the firm structures the relationship with clients on a fee structure that does not require the client to pay the firm until a favorable outcome is reached. “There really is no other way to do it,” says attorney Melissa Higbee. “These people do not have thousands of dollars to hire an attorney to defend them against the Fortune 500 companies that are coming after them.”
The Las Vegas, Nevada based law firm represents clients in all 50 states and which typically includes about 5,000 lawsuits a month. Rather than simply negotiating settlements, the firm’s attorneys evaluate each enrolled account to determine whether legal defenses or other legal issues may exist. Depending on the client’s circumstances, that representation may include:
The goal is not simply to reduce debt. The goal is to help consumers make informed legal decisions while avoiding unnecessary litigation whenever possible.
Expanding Reachable Options
Many consumers believe their only choices are bankruptcy, ignoring creditors, or attempting to negotiate on their own. In reality, every account presents legal questions that deserve evaluation before a consumer gives up important rights.
The firms founder, attorney Mathew Higbee explains:
“Far too many consumers are forced to navigate a legal system they don’t understand while facing sophisticated creditors represented by experienced counsel. Our goal is to help level the playing field by giving consumers access to attorneys who can evaluate their legal rights before life-changing judgments are entered.”
The firm’s approach recognizes that every debt is different. Some should be disputed. Some should be negotiated. Some should be defended in court. Others may ultimately be paid.
The important point is that these decisions should be made after receiving legal advice—not by default.
Helping Courts While Helping Consumers
Providing legal representation benefits more than individual clients.
When consumers receive competent legal advice, cases are more likely to be resolved based on their legal merits rather than procedural defaults. Attorneys help narrow disputes, facilitate communication between parties, negotiate appropriate resolutions, and ensure that both sides understand their legal obligations.
As the volume of debt collection litigation continues to rise, expanding access to legal representation can reduce unnecessary defaults while promoting more efficient case resolution.
“The civil justice system works best when both sides have a meaningful opportunity to be heard,” says litigation attorney Daniel Abarno. “Our mission is to make that opportunity available to more consumers who otherwise would have faced the system alone.”
Meeting an Urgent Need
The recent surge in debt collection litigation demonstrates that the need for affordable legal representation has never been greater.
With millions of lawsuits filed each year and the overwhelming majority of consumers appearing without counsel, the justice gap is substantial. Firms that combine legal representation with practical debt resolution strategies can help close that gap—protecting consumers while promoting a more balanced and effective civil justice system.
For Trident Law Group, that mission is straightforward: provide legal guidance where the legal system needs it most.
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