The Kinder and Gentler Debt Collector gets paid first.
Gary Nitzkin May 16th, 2012 Comments Off on The Kinder and Gentler Debt Collector gets paid first.

You may have heard the old folk saying that you can catch more bees with honey than vinegar. This refers to the idea that you will be more successful in every area of your life by using your best, most polite self (honey) as opposed to your rude, harsh and mean side (vinegar). So kudos […]

Strict Liability of Fair Debt Collection Practices Act…under question
Gary Nitzkin August 12th, 2011 Comments Off on Strict Liability of Fair Debt Collection Practices Act…under question

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 […]

Statute of Limitations on an Open Account is 4 years in MI
Gary Nitzkin June 24th, 2011 Comments Off on Statute of Limitations on an Open Account is 4 years in MI

Michigan’s Uniform Commercial Code applies to claims of Open Account when the transaction involves the sale of goods.

This $311,000 verdict against the law firm for violating the FDCPA is a wake up call to all of us
Gary Nitzkin April 11th, 2011 3 Comments

Lawyers, there is no doubt that when we attempt to collect consumer debts, we are all governed by the Fair Debt Collection Practices Act (“FDCPA“).  We now have another gruesome reminder in the case of McCollough v Johnson, Rodenburg & Lauinger. Johnson Rodenburg and Lauinger is a  North Dakota law firm accused of trying to […]

Be careful about the claims you file in Bankruptcy Court. They are watching you.
Gary Nitzkin April 3rd, 2011 Comments Off on Be careful about the claims you file in Bankruptcy Court. They are watching you.

I am sure that my colleagues need no admonition from me about filing claims in bankruptcy court.  Still, I found an article that worth mentioning to my fellow collection attorneys around the country, entitled “Cleveland Man Indicted on Charges of Making False Claims in Bankruptcy Court.”  Lets look at it. Tennessee ranked second in the […]

Debt collectors – Think about the story behind the story so you do not become the next FTC casualty
Gary Nitzkin March 27th, 2011 1 Comment

It’s one thing to read news and simply acknowledge the article as containing something of interest.  It’s quite another experience to read an article, ponder it and think about the “story behind the story.”  In this case, I am thinking about the article that I read reading West Asset Management. This is a fairly large […]

A LARGE TRAP LOOMS FOR DEBT COLLECTORS UNDER THE FAIR DEBT COLLECTION PRACTICES ACT
Gary Nitzkin March 23rd, 2011 Comments Off on A LARGE TRAP LOOMS FOR DEBT COLLECTORS UNDER THE FAIR DEBT COLLECTION PRACTICES ACT

I find that many debtor collectors, although properly trained, frequently fall into a large trap under the Fair Debt Collection Practices Act.  The Location Information Exception to the rule against contacting third parties is a large and gaping hope in many collectors’ understanding of the statute.  Lets review it: The General Rule against Contacting Third […]

Oregon Attorney loses license for violating the Fair Debt Collection Practices Act
Gary Nitzkin March 19th, 2011 Comments Off on Oregon Attorney loses license for violating the Fair Debt Collection Practices Act

A Eugene, OR attorney recently surrendered his law license in connection with a settlement he entered into with the Oregon State Attorney General.   Derric McGavic specialized in representing national debt collectors that buy defaulted consumer obligations in massive quantities on the secondary market, often for pennies on the dollar.   McGavic allegedly misidentified or purposefully […]

Debtor’s prison and other myths designed to hurt the debt collection industry
Gary Nitzkin March 18th, 2011 1 Comment

Despite what the media may say, there is no such thing as Debtor’s prison.

Court case breathes a possible new life into Michigan’s Judgment Lien Statute
Gary Nitzkin November 16th, 2010 Comments Off on Court case breathes a possible new life into Michigan’s Judgment Lien Statute

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, […]