Archive for the ‘ Debt Collection Laws – Federal ’ Category
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 […]
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 […]
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 […]
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 […]
Hiring competent and honest people for your business can be a very tricky thing today. Employees are keenly aware of their rights under federal laws and the questions that you can ask of them. Gone are days of asking a candidate how old he is or whether she has kids at home with her husband. […]
I loved Sentator Al Franken when played Stuart Smalley on SNL. He was funny. But…I am not laughing now. Senator Franken has introduced a Senate Bill 3888 just recently that proposes to amend the Fair Debt Collection Practices Act. As a debt collector, I can appreciate the need to amend an older law that was […]
The Supreme Court ruled today, in a 7-2 ruling in JERMAN v. CARLISLE, McNELLIE, RINI, KRAMER & ULRICH LPA. held that the Bona Fide Error Defense (“BFE”) in the Fair Debt Collection Practices Act (“FDCPA”) does not apply to mistakes of law.
Mr. Yaple, a California collection attorney represents (or may be represented) a California collection agency called TK Financial. Ms. Vlach, an Ohio consumer received a letter from Attorney Yaple in May of 2008 in which he informed her that he had been retained by TK Financial to pursue a debt against her. The letter also […]
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 […]