Archive for the ‘ Debt Collection Tricks and Traps ’ Category

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The Kinder and Gentler Debt Collector gets paid first.

Gary Nitzkin May 16th, 2012 No Comments

You may have heard the old folk saying that you can catch more bees with honey than vinegar. This refers to the idea that you will be more successful in every area of your life by using your best, most polite self (honey) as opposed to your rude, harsh and mean side (vinegar). So kudos [...]

This $311,000 verdict against the law firm for violating the FDCPA is a wake up call to all of us

Gary Nitzkin April 11th, 2011 3 Comments

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 [...]

Attorneys – Beware of the scam d’jour – The over seas client asking you to enforce her divorce settlement

Gary Nitzkin March 29th, 2010 No Comments

In the last few months, I have noticed that I have been getting similar emails from people who claim to be stuck over seas (usually in Japan, they say) and would like me to enforce their divorce settlement. This mornings’ read like this: Name: Jennifer Lunyang Email: aaxtos@yahoo.com Phone: +81-3-3423-8001 Interested In: Dear Counsel, I [...]

My speech today was a success, except for…

Gary Nitzkin March 19th, 2010 No Comments

Today my good friend and occasional opposing counsel, Charity A. Olson and I gave a speech to the Oakland County Bench/Bar convention. I sue debt collectors under the Fair Debt Collection Practices Act and Charity defends them. She is as good as it gets when it comes to defense counsel. We presented a joint talk [...]

I am announcing the formation of Michigan Consumer Credit Lawyers and its new blog

Gary Nitzkin March 15th, 2010 No Comments

For the past several years, I have blogged about issues affecting debt collectors and their opponents, consumers. Some people have taken issue with the fact that I help both the proverbial Coyote and Road Runner. Too bad. Running a successful law firm such as Nitzkin and Associates has its advantages such as taking the cases [...]

Debt Buyers should be very careful in bankruptcy court

Gary Nitzkin February 10th, 2010 No Comments

My colleague, David Lerner, has been described by our mutual friends as “blisteringly smart.” I have cross swords with Mr. Lerner and have a great deal of respect for his abilities as do most attorneys that know him. Mr. Lerner made the cover of Michigan Lawyers Weekly on February 8, 2010 for his commentary on [...]

Nice try, but I know about scams already

Gary Nitzkin December 9th, 2009 Comments Off

Last week I received a call from an “attorney” calling himself David Cook, from Ontario. He asked if I was interested in collecting a $500,000 case against a local steel company. Of course I am interested! But, I don’t like pursuing a debtor without knowing my client or the forwarding attorney involved. So I decided [...]

Attorneys beware of Internet con

Gary Nitzkin December 9th, 2009 Comments Off

I receive a funky email at least three times a week stating: a. We, of the Xio Shung (or some other Chinese sounding name) corporation have decided that we need your legal services to represent us in North America….. or b. After a careful review of your credentials, we have decided to retain your legal [...]

Collection Agencies – protect yourselves

Gary Nitzkin June 19th, 2009 Comments Off

I never blog about pending litigation but in this case, I am going to make an exception. I have filed an Fair Debt Collection Practices Act case against a collection agency. Allegedly, that agency called my client and threatened him with a wage garnishment if he did not pay the debt. Since the agency did [...]

What collectors and attorneys don’t know about the Servicemembers Civil Relief Act can sink them

Gary Nitzkin January 2nd, 2009 Comments Off

Its not very often that I get to cross paths with American Heroes such as Captain Stephen P. Dunn. He is an attorney with Howard and Howard and is also active in the United States Armed forces, protecting our country including my family and me. I will always be indebted to Captain Dunn for his [...]

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