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 […]
Today my good friend and occasional opposing counsel, Charity A. Olson and I gave a speech to the Oakland County Bench/Bar convention. I sue debt collectors under the Fair Debt Collection Practices Act and Charity defends them. She is as good as it gets when it comes to defense counsel. We presented a joint talk […]
The Michigan Court of Appeals recently overturned a District Court decision granting summary disposition to the Plaintiff in Unifund CCR v Riley. In this case, the Plaintiff sued the Defendant on an Account Stated theory rather than Breach of Contact. I am guessing that Unifund did not have any signed contract with Riley. This is […]
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 […]
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 […]
Attorneys, when you file a complaint under the Fair Credit Reporting Act (“FCRA”), be sure that you can make the following allegations in good faith: a. Your client posited its consumer dispute with the credit reporting agency (and not just the creditor/furnisher directly). You or your client’s failure to notify the credit reporting agency of […]
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 […]
My colleague, David Lerner, has been described by our mutual friends as “blisteringly smart.” I have cross swords with Mr. Lerner and have a great deal of respect for his abilities as do most attorneys that know him. Mr. Lerner made the cover of Michigan Lawyers Weekly on February 8, 2010 for his commentary on […]
If you need a loan modification, you will have to prove that you qualify for one. There is an excellent article in today’s USA Today that talks about the requirements that many lenders are asking of borrowers in connection with a loan modification. When we get involved in loan modifications for our clients, we ask […]
The United States Supreme Court has taken up the issue of whether the Bona Fide Error (“BFE”) defense under the Fair Debt Collection Practices Act (“FDCPA”) applies to mistakes of law committed by debt collectors. In Jerman v Carlisle, et al, the defendant law firm transmitted a collection letter to Ms. Jerman that may not […]
