Do Your Standard Practices Violate the FDCPA? It’s such a standard business practice we generally don’t think twice about it anymore: when making a payment, if the payer wishes to use a credit card or check-by-phone, she can expect to be charged a “convenience fee”. These fees can be a flat amount, or calculated as […]
Mechanic’s Liens
Many times a subcontractor, laborer, or equipment lessor providing materials or services for a construction project, does not have a direct contractual relationship with the owner of the property. For example, a property owner may hire a general contractor to redo his kitchen, and the contractor may then hire a subcontractor to provide the carpentry. […]
Contract Damages in Collection Lawsuits
A delinquent account forces a number of costs onto the creditor. Employees spend time calling and writing the debtor attempting to collect. The creditor may be forced into delinquency on some of its bills, or fail to meet client demands. Then the creditor places the delinquent account with a debt collection law firm and may […]
Countersuit and Consequence
Just when you thought everything about your lawsuit against a U.S. debtor was going smoothly … BANG! The defendant files a countersuit against your company. What is a countersuit? It’s a lawsuit filed by a defendant against a plaintiff in direct response to a suit brought against the debtor by that plaintiff. The countersuit asserts […]