A Chinese client of ours placed an account with us for collection. On contacting the company who bought their product we were referred to their lawyer. When we contacted the lawyer he explained that his client had an initial offset to the $650,000 debt because of approximately $30,000.00 worth of defective goods. Beyond that, opposing […]
As We Close 2015
This has been a sensational year for our law firm. We’ve had the privilege of gaining quite a few new clients, both from the United States and abroad. It truly is a humbling set of emotions to know we’re in a position to help those clients with their cases and just to answer questions about […]
Am I a Debt Collector?
The FDCPA Can Apply to Creditors Collecting Their Own Debt With the Consumer Financial Protection Bureau (CFPB), the Federal Trade Commission (FTC), and other government agencies –including the United States Supreme Court– becoming more and more involved with regulating debt collection in the United States, it is important to remember that although the focus of […]
Corporate Status Can Be a Debt Collection Issue
Who Owns This Debt? A client recently placed a substantial commercial debt for consulting services with my firm. Upon contacting the debtor, I found that the debtor had beaten us to the punch: They had filed a Complaint for breach of contract to preempt my client’s collection activity. In such a situation, unless the debtor […]
Consumer vs Commercial Collections
Our firm specializes in the handling of commercial debt collection cases, but occasionally we do take on a consumer case. Friends and clients have often asked what the distinction is between the two classifications. What is the difference between consumer and commercial debt? Let’s start by a simple set of definitions. A consumer debt, which […]
What is the Foreign States Immunity Act (FSIA)?
Did you ever want to sue a foreign government? If so, your case would be greatly impacted by the Foreign States Immunity Act (FSIA) of 1976. Pursuing a legal matter against the government of another country can be complicated. Consider the following case study. Though fictional, it is based upon real events. Who Are The […]
Can I Cash This Check Without Compromising My Claim?
What should a creditor do if a debtor sends a check with the notation: “paid in full” or other similar language, but the creditor believes a greater amount is owed? Does cashing the check settle the claim, thereby preventing the creditor from pursuing further collection? What happens if creditors cash this check without realizing the […]
The Positive Effects of the Debt Collection Industry in the USA
In the current national mood of consumerism, there is a popular belief that debt collection is an assortment of villainous scavengers praying on innocent victims and who contribute nothing to our society and nation. Somehow, however, the good and positive effect of reputable debt collection agencies and lawyers seems to get lost in the bargain! Recently, […]
Do You Just Delete Those Scams?
For Credit & Collection Professionals On a daily basis it’s routine for each of us in this industry to go to our email inbox and find several new emails from people who claim they represent major companies abroad, asking us if we handle breach of contract or collection cases. Then they invite us to send […]
Why Must We Send A Witness?
Consider this scenario: You have already filed a lawsuit against a buyer or client to recover a debt. The lawsuit is contested – an answer by the buyer or client has been lodged with the Court. You believe your case is easily proven and yet… Your lawyer tells you he requires a witness to attend […]