Archive for the ‘ Collection Law Firms in the News ’ Category

Strict Liability of Fair Debt Collection Practices Act…under question

Gary Nitzkin August 12th, 2011 No Comments

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 [...]

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 [...]

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 [...]

Alabama A.G. wrongfully shuts down attorney who restructured debts for consumers to banks’ chagrin

Gary Nitzkin February 26th, 2010 No Comments

The Alabama Attorney General shut down Keith Nalms’ law practice known as Allegro Law. Mr. Nalms, according to the lawsuit filed by the Alabama AG: The State’s civil complaint alleges that Allegro promoted a risky practice known as debt settlement, in which consumers stop making monthly payments hoping to encourage creditors to write off the [...]

A respite for lawyers…the FDCPA does NOT require plain English in pleadings

Gary Nitzkin May 11th, 2009 Comments Off

I just read the Sixth Circuit’s opinion in Miller v Javitch, Block & Rathbone, 561 F.3d 588 (2009). This case holds good news for debt collection lawyers. In that case, Miller contends that JBR violated the Fair Debt Collection Practices Act by using false, deceptive, and misleading language in a debt-collection complaint. The state court [...]

American Express sues Mastercard

Gary Nitzkin August 2nd, 2008 Comments Off

American Express settled its lawsuit against Visa for $1.8 billion. AE accused Visa conspiring to stifle banks from issuing AE credit cards. Mastercard has agreed to make 12 quarterly payments of $150 million each at AE. Here is AE’s chance to savor this moment and say “Priceless.”

Suing your attorney? You have have to show that the debt was collectible.

Gary Nitzkin July 27th, 2008 Comments Off

On June 18, 2008, the Ohio Supreme Court held that a in order to prevail against an attorney in a malpractice action, the Plaintiff must show that the he would have won the underlying case and that the defendant in the underlying case was collectible. In Paterek v Peterson & Ibold, Mr. Paterek was injured [...]

Defense Attorneys – be careful when filing those affirmative defenses

Gary Nitzkin October 14th, 2007 Comments Off

My colleague, Mary Jane Elliot has been sued by Frank Glover for violation of the Fair Debt Collection Practices Act. I know Mary Jane. She is a very bright, and very astute individual. I don’t know the facts of this case, but merely want to talk about a recent development in this case that has [...]

A debt collector thankful to the FTC

Gary Nitzkin June 24th, 2007 Comments Off

The Battle Creek Inquirer reports about a scam that certain group of companies have run on our Spanish speaking populations. It seems that Tono Records, dba Tono Music and Professional Legal Services, Tono Publishing, Promo Music, Millennium Three Corp., Dulce Ugalde, Luis Roberto Ruiz, and Maria Oceguera, all based in Los Angeles County, California. advertised [...]

A Giant has fallen – John Mueller

Gary Nitzkin June 12th, 2007 Comments Off

I am sad to report the passing John Mueller of Mueller, Mueller, Richmond, Harms and Sgroi. John was the senior partner of this firm. He was a large and imposing man in stature and reputation. He and his firm are very well respected in Michigan and indeed, around the country as one the best debt [...]

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