CLSC | Socio-Legal Studies Workshop: Dalié Jiménez - Routinized “Justice”: Procedural Reform and the Re-Legitimation of Debt Collection Courts

Dalié Jiménez, Professor of Law at UC Irvine School of Law, will present: "Routinized “Justice”: Procedural Reform and the Re-Legitimation of Debt Collection Courts"

Abstract

This Article examines the impact of procedural reforms designed to improve documentation in debt collection lawsuits, focusing on California, Connecticut, and Texas. Drawing on empirical studies that combine causal inference with qualitative document review, it finds that while the reforms led to modest improvements in documentation and some litigation outcomes, courts continue to grant default judgments in cases with clear procedural violations. Judges often accept incomplete filings, particularly in high-volume courts, reinforcing a culture of symbolic compliance. Drawing on sociolegal theory, the Article argues that these reforms have re-legitimated, rather than transformed, debt collection litigation. Procedural rigor improves the appearance of fairness, prompting some behavioral change, but fails to rebalance power or meaningfully protect unrepresented defendants. Ultimately, the Article argues that even well-intentioned reforms can become tools of institutional maintenance—preserving legitimacy through form while substantive disparities persist.