Archive for April, 2007
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 […]
Collection agencies and collectors – BE VERY CAREFUL. An unpublished opinion from from the United States District Court from the Northern District of Ohio called Jerman v Carlisle, McNellie et al at 2006 U S Dist LEXIS 85339 held that a debtor’s demand for verification of the debt does not have to be in writing […]
When a debtor files for bankrutpcy, I know enough to be mildly dangerous. However, when the bankruptcy gets messy, complicated and/or ugly, I bring in other counsel like Mark Shapiro, Tracy Clark or Stuart Gold. These guys are, as far as I am concerned, absolute gurus in bankruptcy. It’s kinda funny that on some cases, […]
A friend of mine got into deep trouble with his credit cards last year…$100,000 worth of trouble on 2 credit cards (my friends, this is not at typo). He was pursued by American Express for $50,000 and another company. I settled these cases for about $5,000 each (again…this is not a typo). Here is the […]
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 […]
My colleague, Michael Herin, writes a very good blog about debt collection. Mr. Herin, recently wrote about the ugly truths of medical debt His blog post is very interesting and I highly recommend it, although I only disagree with him on one issue. Mr. Herin states that if a patient has insurance, that it is […]
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 […]
An interesting article in the National Law Journal of March 26, 2007 talks about five states that have instituted caps on stay bonds for defendants who appeal their cases. A stay bond is an amount of money that a losing party must post with the trial court so that if the defendant loses the appeal, […]