Archive for the ‘ Uncategorized ’ Category
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.
I was approached by email, last week, by “Lance Davidson” who represented himself as a Gulf war vet living in Indonesia. He presented a passport picture and a semi-burned promissory note allegedly signed by a well known and respected businessman here in Michigan who died a few years back. What are the chances, right? Sorry, […]
I was recently interviewed by National Public Radio (“NRP” to you nerds who regularly listen to it…o.k. I listen to it, too). The reporter from NPR was doing a story about how social media has affected the debt collection profession. As a debt collector, let me just get this out in the open once and […]
In Foti v NCO Financial 424 F. Supp2d 643 (S.D.N.Y. 2006), the United States District Court in New York properly held that all communications from a debt collector must contain a warning that it is a communication from a debt collector. The Fair Debt Collection Practices Act (FDCPA) , itself, at 15 U.S.C. 1622e requires […]
The Michigan Court of Appeals recently overturned a District Court decision granting summary disposition to the Plaintiff in Unifund CCR v Riley. In this case, the Plaintiff sued the Defendant on an Account Stated theory rather than Breach of Contact. I am guessing that Unifund did not have any signed contract with Riley. This is […]
I just read a very interesting article in USA Today. It talked about credit card companies like American Express paying some consumers $300 to pay off and close their accounts. I have never seen anything like this before. It appears that these banks are targeting those consumers that are carrying balances and not charging very […]
On Tuesday, October 28, 2008, we had our first meeting of legal marketing group, Legally Blawged. It was attended by about 25 people. Legally Blawged was formed by Pete Cavanaugh, Mike Hamblin and myself. We are three attorneys who met over the internet during this past summer. We all blog and have had wonderful experiences […]