Archive for the ‘ Collection Laws Michigan ’ Category

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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 [...]

Court case breathes a possible new life into Michigan’s Judgment Lien Statute

Gary Nitzkin November 16th, 2010 No Comments

Many years ago, the Michigan Creditors Bar Association, then headed up by Michael H.R. Buckles, spearheaded a drive to pass a law that allowed creditors to place liens on real estate owned by debtors. I know Mike Buckles to be a first rate lawyer and someone that just gets things done. Unfortunately, in this case, [...]

The absolute WRONG way to go about collecting a debt

Gary Nitzkin November 5th, 2010 No Comments

Erie lawyer Larry D’Ambrosio is accused of orchestrating false hearings held in the mock courtroom to deceive and bully debtors into paying debts. He, along with a collection agency called Unicredit America, Inc. allegedly set up a fake court room in their offices, had people dressed as court officers go out and serve subpoenas directing [...]

Has the Michigan Court of Appeals given safe harbor to would be debtors?

Gary Nitzkin June 27th, 2010 No Comments

In a recent opinion in Green v Ziegelman, 282 Mich App 292 (2009), the Michigan Court of Appeals took up the case of whether a creditor can pierce the corporate veil of a corporate creditor pursuant to the Proceedings Supplementary to Judgment Act and enter a judgment against the shareholder of that corporate judgment debtor. [...]

Has the Michigan Legislature mistakenly hurt consumers while attempting to protect them?

Gary Nitzkin March 11th, 2010 No Comments

Payday Loan Companies (“PLCs”) have a place in the financial food chain in our society. While they are akin to bottom feeders due to the high interest rates that they extort from necessitous borrowers, the fact remains that they are willing to take someone’s post dated check and give them cash that a bank or [...]

Corporations provide no protection for violation of Builders Trust Fund Act

Gary Nitzkin November 1st, 2008 Comments Off

In Elmers Crane v AWM Corp, Michigan Court of Appeals Docket No 266666, the Plaintiff provided a services to a corporate general contractor (“GC”). The GC received payment from the owner which included money due to Elmers. Even though the money went to the GC and the GC was a corporation, the individual that managed [...]

Why suing on purchased debt is rarely successful.

Gary Nitzkin August 30th, 2008 Comments Off

A recent speaker at the Michigan Institute of Continuing Legal Education had talked about suing on purchased debt. He said that a debt buyer does not have to produce a witness from the originating creditor in order to prove his case at trial. While that may be true, its equally true that most debt buyers [...]

Should you take that asset if it has a lien on it?

Gary Nitzkin August 25th, 2008 Comments Off

An unfortunate part of my job is to have a court officer seize assets from people who refuse to pay the judgments that are placed with us for collection. I don’t like doing this for several reasons. First, I much prefer to work on a payment plan with a debtor and to collect the judgment [...]

Payday Loans are risky business for both borrower and lender

Gary Nitzkin April 13th, 2008 Comments Off

In the good ol’ days, when someone bounced a check on you in Michigan, you could sue for 3 times the amount of the check plus $250 in costs. See MCL 600.2952. While most of us in Michigan still enjoy this law, Payday Loan companies do not. These companies have sprung up around our state [...]

So when is a communication from a debt collector NOT subject to FDCPA

Gary Nitzkin June 11th, 2007 Comments Off

Judge Cleland from the United States District Court in the Eastern District of Michigan recently ruled that not all letters from a debt collector to a consumer are subject to the FDCPA. In Francis v. GMAC Mortg., 2007 U.S. Dist. LEXIS 41022, In Francis, Old Canal Financial (“Old Canal”) attempted to collect on a 12 [...]

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