Archive for June, 2007

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FDCPA – trap – Do NOT require a consumer to put its dispute in writing

Gary Nitzkin June 25th, 2007 Comments Off

In October of 2006, the FDCPA was amended to exclude pleadings from the definition of initial communication. Hence, if a complaint is not an initial communication, the service of a complaint upon a defendant does not trigger a duty on the collector/lawyer to serve the debtor with a validation notice. But recently, the 6th Circuit [...]

The best way to build a lawyer’s website…JUSTIA

Gary Nitzkin June 24th, 2007 Comments Off

I just had to say thank you to my friends at Justia. Their founder founded FINDLAW, and then went on to build law firm websites. I built my original website back in 1995 and personally maintained it until 2006. Last year, I decided to turn the reigns over to Justia. It was one of the [...]

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 [...]

End of the credit Piggy back ride?

Gary Nitzkin June 16th, 2007 Comments Off

An article in Bank Lawyer’s Blog talks about piggybacking credit being “the latest and greatest” way to improve one’s FICO score. With Piggybacking, someone with a subprime score (“a Subprime Risk”) can become an authorized user of someone else’s credit without actually being authorized to incur credit on the better credit risk’s (“BCE”) accounts. The [...]

Firm Offer of Credit does not have to be quite so firm

Gary Nitzkin June 13th, 2007 Comments Off

The Fair Credit Reporting Act (“FCRA“) allows potential credit grantors to get your name and address from a credit reporting agency (“CRA”) in order to send you a firm offer of credit, if you meet certain criteria. So just what is a firm offer of credit? In the 6th Circuit, that issue is not quite [...]

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 [...]

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 [...]

Payday loans….the bad guys’ side of the story

Gary Nitzkin June 11th, 2007 Comments Off

My colleagues at Credit Slips write a blog that generally bashes credit grantors and bleeds left wing sympathy for the poor. OK. I am closer to being a rich guy that a poor one, but so what? I ain’t apologizing. I grew up in a nice home, had my parents to pay for my undergraduate [...]

Credit Repair Collection Blog

Gary Nitzkin June 8th, 2007 Comments Off

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 [...]

“Is he really a lawyer” by Jonathan Stein

Gary Nitzkin June 1st, 2007 Comments Off

My colleague, Jonathan Stein, writes a collection law blog from the debtor’s perspective. He writes very interesting and insightful pieces. He recently wrote an article describing how a debt collector went to jail for impersonating an attorney and threatening debtors with arrest if they did not pay their bills. Mr. Stein wrote an article in [...]

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