Archive for the ‘ Debt Collection Tricks and Traps ’ Category

Asset Protection – CAN AN ORCHESTRATED DIVORCE BE USED AS AN ASSET PROTECTION DEVICE

Gary Nitzkin September 12th, 2007 Comments Off on Asset Protection – CAN AN ORCHESTRATED DIVORCE BE USED AS AN ASSET PROTECTION DEVICE

My good friend, Howard Young, is a seasoned and brilliant lawyer. His firm, Weisman Young Schloss and Ruemenapp, P.C. is a group of highly respected business, transaction, and litigation attorneys. The bad news is he works on the opposite side of the table from me. Amongst his specialties (and he has many), is helping people […]

FDCPA Defense trick – Offer of Judgment

Gary Nitzkin August 2nd, 2007 Comments Off on FDCPA Defense trick – Offer of Judgment

Many years ago, I heard attorney Manny Neuburger talk about the power of using an offer of judgment in the defense of a Fair Debt Collection Practices Act claim. Manny is a Texas attorney and a giant when it comes to the defense of FDCPA cases. He said that one of the best defense techniques […]

My best advice to debt buyers….DON’T DO IT

Gary Nitzkin July 29th, 2007 Comments Off on My best advice to debt buyers….DON’T DO IT

I am frequently approached by debt buyers to represent them in collecting their newly acquired portfolios. I generally do not accept these kinds of engagements. These debts are generally fraught with lots of problems. If you are contemplating buying debt or if you are being sued on a credit card debt from someone other than […]

Credit Repair Collection Blog

Gary Nitzkin June 8th, 2007 Comments Off on Credit Repair Collection Blog

I am not a big fan of credit repair. In fact, I am downright scared of them. However…I was recently contacted by Marc Chase of My Credit Group. He runs a blog that talks about credit repair services. I liked what he had to say in his email to me. He said “we’re working hard […]

As a collector…did you know…..???

Gary Nitzkin June 1st, 2007 Comments Off on As a collector…did you know…..???

….that if a debtor contacts you and says that the debtor you are collecting on is a result of identity theft, that you have a duty to: 1. report to your client that the debt may be the result of identiity theft and 2. provide the alleged debtor with all of the information you have […]

The dangers of credit reporting to collection agencies

Gary Nitzkin April 30th, 2007 Comments Off on The dangers of credit reporting to collection agencies

I just read a very interesting opinion by Judge Cleland in the case of Purnell v Arrow Financial, 2007 U.S. Dist Lexis 7630 (Decided Feb 2007). The collection agency defendant reported a debt that was disputed by the consumer to Equifax over a period of several months. The court held that each of these reportings […]

Statute of Limitations – is not necessarily a case killer

Gary Nitzkin April 16th, 2007 Comments Off on Statute of Limitations – is not necessarily a case killer

My colleauge, Jonathan Stein, writes a very interesting blog at www.californiadebtblog.com, albeit from a debtor’s perspective. In his blog, Mr. Stein talks about the Statute of Limitations and how to prove it. In his blog, he raises a good point. A debtor who can prove that a debt is out of statute, can escape liability […]

Don’t take advice from the angry and ignorant

Gary Nitzkin April 7th, 2007 Comments Off on Don’t take advice from the angry and ignorant

I just read a blog post on Arcamax from a William Gallas regarding collection agency intimidation. He gives advise on how to handle a collection agency or law firm that, in my opinion, is simply going to get an uninformed debtor into trouble. For example, he states that you can stop a collection agency from […]

What are you carrying in your wallet?..an FDCPA Claim?

Gary Nitzkin December 9th, 2006 Comments Off on What are you carrying in your wallet?..an FDCPA Claim?

Just last month (November 2006), the 600 pound gorilla of debt collection, Muller Muller Richard Harms Myers and Sgroi, P.C., lost an important round in an FDCPA action entitled Stolicker v Muller Muller. Get this….Ms. Stolicker had a Capital One credit card. The agreement she signed with Capital One says that if they have to […]

Short articles for the business person

Gary Nitzkin November 4th, 2006 Comments Off on Short articles for the business person

Last year, I wrote a number of articles for the lay/business person about how one can effectively protect one’s rights in the collection arena. I recently posted these articles to my website. These articles, are entitled: 1. Collection law firm v Collection agency – where you should place your account. 2. Telltale signs that your […]