My firm's General Counsel, indefatigable in her mission, opens my eyes on a weekly basis to new and creative ways in which lawyers can be sued, lately in situations where the mistake is not an obvious one that allows you to think, "Sure, but that could never happen to me!" In that regard, heed the latest warning that hails from the Sixth Circuit and rings loudest in the ears of the real estate practitioners among us. The 6th Circuit's January 2013 decision in Glazer v. Chase Home Finance LLC (Case No. 10-3416) represents a significant expansion – or confirmation of the reach – of the application of the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. §1692 et seq. The FDCPA was enacted some 35 years ago with the objective of protecting consumers by eliminating abusive, deceptive and unfair debt collection practices by debt collectors. It generally applies to third party debt collectors, but has the potential to affect a much broader … [Read more...] about Attorneys Can Be Considered Debt Collectors Under Fair Debt Collection Practices Act (FDCPA)
Tri y merge collectors
A key function of Cook County Circuit Court in Chicago is to act as a debt-collection machine.Since 2000, the volume of debt collection cases in Cook County has more than doubled, to not quite 130,000, reports the Chicago Tribune. But busy debt collectors—who historically have won default judgments in about half of the cases—aren’t always as careful as they’re supposed to be about proving their allegations. Meanwhile, consumers frequently don’t even attempt to defend themselves, and, when they do, are often at a significant disadvantage“In the courtroom, the biggest advantage collectors have [is] lawyers, while while defendants rarely have legal representation,” the newspaper writes.Among those who is fighting a debt collection case but isn’t represented: Michelle Moore, a pregnant mother of two who now lives in Blue Island, Ill. She says she never even had a Bank of America credit card, as a debt collector claims, let alone owes … [Read more...] about Debt Collectors Clog Chicago Courts With Sometimes-Dubious Claims
Mergers can be difficult, risky and expensive. So why do so many law firms contemplate them? Most would say they’re hoping to achieve a competitive advantage or find a quick fix to a perceived need. Mergers often help firms realize their strategic objectives. However, if not done for the right reasons, they can be a source of frustration and lead to a firm’s demise. THE RIGHT REASONSA good place to look for the right reasons is your firm’s strategic plan. For instance, a merger may make sense if your firm wishes to:Add experience and depth to an established practice area. Offering clients expanded capabilities is a great way to keep their business and increase your billings. For example, suppose by way of a merger you’re able to increase the size of your intellectual property practice and expand your firm’s patent infringement services. This could be important to existing and prospective clients when retaining a firm. Increase specialization. A … [Read more...] about Law Firm Mergers: To Merge or Not to Merge? That is the Question!
An attempt by the Centre to file a 845-page affidavit in a PIL pertaining to solid waste management across the country became the butt of a joke in the Supreme Court when Justice Madan B Lokur called the document itself a “solid waste” and angrily reminded that the apex court is not a “garbage collector”.The bench was angry as the affidavit was found not complete and told the Centre’s counsel: “ Do not try to junk” such garbage before us. It refused to accept the affidavit and asked the Centre not to file the affidavit in such bulky text book style but as a chart with useful information which can be easily absorbed and understood. “So this is what you have brought to us. So what are you trying to do? Trying to impress us? No sorry .We are not impressed. You think you can dump anything before us..just junk go on junking. This is not done..we are not going to take it. Things cannot be this way. You better understand..see we are … [Read more...] about “We Are Not Garbage Collectors”, SC On Centre’s 845-Page Incomplete Affidavit On Solid Waste Management
More than 300 district attorney’s offices across the United States are partnering with debt collectors that use prosecutors’ letterhead to warn bad check writers of possible jail time.Debt collection companies allowed to use DA letterhead may return the favor, the New York Times reports. “The companies try to collect not only the unpaid check,” the story says, “but also high fees from debtors for a class on budgeting and financial responsibility, some of which goes back to the district attorneys’ offices.”The official-looking letters are sent without prosecutors’ review to possibly 1 million people a year, consumer lawyers estimate. DA’s office in Los Angeles, Baltimore and Detroit are among those partnering with debt collectors; the biggest players are CorrectiveSolutions of California and BounceBack of Missouri.BounceBack vice president Gale Krieg told the Times he has turned down prosecutors who won’t agree to have copies … [Read more...] about Debt Collectors Use DA Letterhead, with Permission, to Threaten Bad Check Writers