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Leikin and Ingber are excellent collection attorneys. Over the years, they have garnered a fine reputation for debt collection. As my colleagues, I hold them in high regard. I respect the way that they have aggressively pursued debt. Unfortunatetely, they recently got into trouble with one such tactic as it was found by the 6th [...]
Michigan’s Uniform Commercial Code applies to claims of Open Account when the transaction involves the sale of goods.
Lawyers, there is no doubt that when we attempt to collect consumer debts, we are all governed by the Fair Debt Collection Practices Act (“FDCPA“). We now have another gruesome reminder in the case of McCollough v Johnson, Rodenburg & Lauinger. Johnson Rodenburg and Lauinger is a North Dakota law firm accused of trying to [...]
I am sure that my colleagues need no admonition from me about filing claims in bankruptcy court. Still, I found an article that worth mentioning to my fellow collection attorneys around the country, entitled “Cleveland Man Indicted on Charges of Making False Claims in Bankruptcy Court.“ Lets look at it. Tennessee ranked second in the [...]
It’s one thing to read news and simply acknowledge the article as containing something of interest. It’s quite another experience to read an article, ponder it and think about the “story behind the story.” In this case, I am thinking about the article that I read reading West Asset Management. This is a fairly large [...]
I find that many debtor collectors, although properly trained, frequently fall into a large trap under the Fair Debt Collection Practices Act. The Location Information Exception to the rule against contacting third parties is a large and gaping hope in many collectors’ understanding of the statute. Lets review it: The General Rule against Contacting Third [...]
A Eugene, OR attorney recently surrendered his law license in connection with a settlement he entered into with the Oregon State Attorney General. Derric McGavic specialized in representing national debt collectors that buy defaulted consumer obligations in massive quantities on the secondary market, often for pennies on the dollar. McGavic allegedly misidentified or purposefully [...]
Despite what the media may say, there is no such thing as Debtor’s prison.
Many years ago, the Michigan Creditors Bar Association, then headed up by Michael H.R. Buckles, spearheaded a drive to pass a law that allowed creditors to place liens on real estate owned by debtors. I know Mike Buckles to be a first rate lawyer and someone that just gets things done. Unfortunately, in this case, [...]