For half of his law school career, Fernando Salazar ’25 stood in small claims or district court defending low-income clients burdened with crushing consumer debt. As a student in the Consumer Protection Clinic for three semesters, Salazar tried at least 15 cases and handled so many debt collection cases he’s lost count. The Clinic not only gave him litigation experience but the satisfaction of helping people in need.
“I wanted to do direct services, and I also want to be trial attorney,” Salazar says. “I was really able to hone my litigation skills and instincts, and not just in debt collection cases. I’ve done discovery and settlement negotiations with opposing attorneys on the civil docket, so it’s really confirmed this is what I want to do. At the same time, you’re making a really significant impact in people’s lives. These are such heavy debt burdens they carry and don’t know how to resolve.”
In the Clinic, Salazar worked under the supervision of Roger Bertling, senior clinical instructor and clinical instructor Alexa Rosenbloom. Many of Salazar’s cases involved credit card debt, where, in most instances, a third party purchased the asserted debt from the original lender and tried to collect it, often using unscrupulous means. In many cases, credit card debt was bought and sold several times, and then the last debt buyer commences litigation.
“The debt-buying industry is worth billions of dollars,” Salazar explains. Indeed, the third-party debt collection market—including debt purchasers and debt collectors for the original creditor—is a $12.7 billion industry affecting millions of Americans, according to the Consumer Financial Protection Bureau.
While his cases typically involve relatively small amounts—he’s handled claims ranging from $500 to $5,000—they are “a huge burden on our clients,” Salazar says. “The people being sued are often people of color or low-income residents of Great Boston, so these amounts are huge and make a big difference in people’s lives, forcing them to choose between paying the debt or paying for utilities or rent.”
And there are often valid defenses about which the typical debtor is unaware. For example, if the creditor can’t prove they own the particular debt—or prove that the individual defendant owes it—they have no standing to sue and the case may be dismissed on the spot. But many defendants are afraid to show up for court, can’t afford to take time off work, or never receive notice of their court date. Others show up ready to take whatever deal the creditor’s lawyer offers—without realizing they may have other options.
“We basically go in there and put up a fight,” Salazar says. “There can be all sort of problems with these cases, and our job is to prove to the magistrate that the debt was not validly transferred, which means the plaintiff can’t prove they actually own the particular defendant’s debt.”
Salazar often picked up new clients while in court; one spring day while he was in small claims court in Somerville, he picked up five new cases and tried three of them on the spot—and won each. Indeed, Salazar won most of the cases he tried. In Massachusetts, at least, the plaintiff in a small claims case has no right of appeal if they lose. “Once we win, that’s it—our clients don’t owe any money,” Salazar says.
Next year, Salazar will return to his hometown of San Diego to clerk at the U.S. District Court for the Southern District of California. And the following year, he’ll be steeped in real-world experience from the Clinic when he joins a San Diego firm. “I enjoyed working with both my clinical instructors, Roger and Alexa. They trusted us to do our work, and it was nice they had that confidence in us,” he says. “It’s exciting work and it’s impactful on the clients we serve. It’s great to work with great people and build these really relevant skills for later on.”
Says Rosenbloom, “Fernando was an outstanding clinical student, advocate, and litigator. He was also a wonderful mentor to our newer students about the intricacies of working up cases and talking to clients, opposing counsel, and the court alike. We will miss him dearly but wish him lots of success in his career!”