Archive for the ‘ Debt Collection Tricks and Traps ’ Category

Debt Collectors…beware

Gary Nitzkin December 21st, 2008 Comments Off

I have talked about this issue once before, but a case just popped up showing me that not all of you are listening to my warning. Debt Collectors beware….a consumer does NOT have to posit a dispute to a consumer debt in writing. The Fair Debt Collection Practices Act (“FDCPA”) has no such requirement. As [...]

A better way to collect….show respect to your customers

Gary Nitzkin December 18th, 2008 Comments Off

This time of year, I am pleasantly reminded of our office wide directive to treat debtors as our customers. Over the years, I have seen debt collectors use old school techniques of yelling at debtors and threatening them with legal action amongst other things. I have also seen debt collectors treat debtors with respect and [...]

Attorneys…use these tips to collect your fees…

Gary Nitzkin August 21st, 2008 Comments Off

Steve Harms, one of the giants in the legal debt collection community, spoke at the recent ICLE program. He spoke on the issue of attorney liens. Like us at Nitzkin and Associates, he does a lot of collection work for attorneys. He raised some very interesting points and gave us these tips for collecting fees [...]

In G-d, we trust and thank G-d for trusts to keep the creditors away from our assets.

Gary Nitzkin August 6th, 2008 Comments Off

My good friend and colleague, Howard Young works for the dark side. He is an asset protection planning attorney. Recently, he spoke at the Institute of Continuing Legal Education Seminar on Debt Collection. He said that he represents wealthy individuals and that if he does his job right, we will collect nothing from his clients. [...]

Attorneys for Debt Buyers beware…they are on to us!

Gary Nitzkin May 4th, 2008 Comments Off

I love defending people against debt buyers because the Plaintiffs case is as strong as a house of cards in a hurricane. Debt buyers buy judgments, credit card charge offs and other sordid garbage debt for pennies on the dollar. Hell, there are even debt buyers that buy debt that has already been through a [...]

When is a collection notice not a collection notice?

Gary Nitzkin April 27th, 2008 Comments Off

In March of 2007, the U S Court of Appeals for the 6th circuit decided Mabbitt v Midwestern Audit Services. This was a very interesting case. Ms. Mabbitt and her sister shared a home on Leota Blvd. Consumers Energy provided gas to that space. The bill was in Ms. Mabbitt’s name. When she got over [...]

Beware of this collector trick – credit card co signer vs. authorized user

Gary Nitzkin January 22nd, 2008 Comments Off

If you owe money on a credit card that has been turned over to a collection agency, chances are excellent that the collection agency is not only pursuing you but any authorized user. Be careful about this and know the difference between an authorized user and a co-signer. One of these persons is liable on [...]

Pulling credit bureaus just got even more dangerous

Gary Nitzkin October 25th, 2007 Comments Off

In order to pull someone’s credit report, the debt collector has to have a federally permissible purpose according to the Fair Credit Reporting Act. OK…we all know that. We cannot go spelunking for our ex-girlfriends and such for amusement. As a general rule, it used to be that a collector could pull a credit report [...]

Beware…a summons and complaint may be an initial communication under the FDCPA.

Gary Nitzkin October 23rd, 2007 Comments Off

The United States District Court here in the 6th Circuit recently decided Jerman v Carlisle, 502 F Supp 2nd 686 (2007). While this is not an appellate decision, it may very well be a harbinger of the 6th circuit court of appeals’ sentiment may lay with respect to the issue of whether a summons and [...]

Why and how attorneys should sue for their fees

Gary Nitzkin September 29th, 2007 Comments Off

I attended the State Bar of Michigan convention this week. It was fabulous. Among the top speakers was a practice management coach named Dustin Cole. His company, Attorneys Master Class, teaches attorneys how to run their practices efficiently. He opened my eyes to so many things this week that my head was spinning when I [...]

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