The Fair Debt Collection Practices Act is a federal statute that governs every debt collector involved in collecting debts related to personal, home or consumer items. In 1995, the United States Supreme Court in Heinz v Jenkins, made clear that the FDCPA applies to attorneys as well. The FDCPA contains a defense to debt collectors […]
Some states have a bad check diversion program that is designed to facilitate the payment of bad checks to merchant victims. These programs usually involve a district attorney and sometimes even, a private collection agency. The idea behind these programs is to give the bad check writers a chance to make their bounced checks good […]
Last week I received a call from an “attorney” calling himself David Cook, from Ontario. He asked if I was interested in collecting a $500,000 case against a local steel company. Of course I am interested! But, I don’t like pursuing a debtor without knowing my client or the forwarding attorney involved. So I decided […]
I receive a funky email at least three times a week stating: a. We, of the Xio Shung (or some other Chinese sounding name) corporation have decided that we need your legal services to represent us in North America….. or b. After a careful review of your credentials, we have decided to retain your legal […]
A Long Island couple who were in foreclosure, recently had their debt canceled by an angry judge. They now own their home free and clear. The New York Post reported that Judge Jeffrey Spinner wiped out the $525,000 debt that the couple owed to OneWest Bank. Kieran Crowley, from the New York Post reported Mr. […]
My cousin, Aubrey Tobin, is a lawyer. He recently sent me the following email regarding tips as to how to avoid being a victim of identity theft. I thought it was worth passing on to you. He said: Read this and make a copy for your files in case you need to refer to it […]
I have had the displeasure of suing a collection agent and agency that I had done work for a number of years ago. Why? The agency (which is owned by the agent) sent out a bad check demand letter to client that did not contain all of the requirements of MCL 600.2952. This statute requires […]
On May 11, 2009, I wrote a blog post about the FTC’s new Red Flag rules. These rules require prospective lenders to develop policies and procedures to identify identity theft. Sounds like a good idea, right? Sure…right up until the FTC said that these Red Flag Rules apply to lawyers and law firms as well. […]
The Federal Fair Trade Commission just issued an advisory opinion to the American Collectors Association. In that opinion, the FTC answered the question, what is a collector supposed to do when a debtor sends in a cease and desist communication letter to a collector while, at the same time, disputing an item on his credit […]
I never blog about pending litigation but in this case, I am going to make an exception. I have filed an Fair Debt Collection Practices Act case against a collection agency. Allegedly, that agency called my client and threatened him with a wage garnishment if he did not pay the debt. Since the agency did […]
