February 4th was the big day when The National List began publishing, in alphabetical order, one white paper a day on the debt collection laws in every state. Every Thursday we will recap a week’s worth of papers, giving you just a taste of the laws in that state and a short introduction to the author. Today’s blog covers Feb. 4th through the 8th.
On the same day that the paper was published, a blog about the author of that day’s paper and the firm he/she represents appeared on InsideARM.com. You can go here to read the full blogs and to the links below or to our website under Legal Resources to read the papers. Remember, you must be registered on the NL Website in order to download the complete white paper. Registration is free and easy.Alabama Debt Collection Laws Submitted by: Brent Yarborough, Zarzaur & Schwartz, P.C.; Posted: 02/04/2013
Brent practices in the areas of collections, creditors’ rights, commercial litigation, and the defense of consumer law claims. He is a frequent speaker and author on topics related to collections and consumer law. Regarding Alabama laws, he told us, “The application and interpretation of the law differs from jurisdiction to jurisdiction. It is important to work with lawyers who truly know and understand the different courts throughout the state.”Alaska Debt Collection Laws Submitted by: Richard Crabtree, Routh Crabtree, A Professional Corporation; Posted: 02/05/2013
Richard is the president of Routh Crabtree. He has been working in the debt collection industry for nearly 40 years. One highly satisfied client “bonused” him with an oil portrait, which you can see attached to his white paper. One unique collection remedy in the state of Alaska is that nearly every Alaska resident is entitled to collect an annual dividend from the Alaska Permanent Fund. “The dividends are a ready source of recovery,” Richard says. “Eighty percent of each year’s dividend is subject to garnishment.”Arizona Debt Collection Laws Submitted by: Stanley M. Hammerman, Esq., http://hammerman-hultgren.com/.; Posted: 02/06/2013
Stan has given numerous collection law seminars throughout the country. He was counsel for the defendant in the Ninth Circuit case of Terran v. Kaplan, where Rule 11 Attorneys’ Fees were awarded against a debtor’s attorney in a Fair Debt case. Richard points out that creditors need to know about Arizona’s community property laws and how they affect personal guaranties. Both the debtor and spouse are liable to repay the obligation with a few exceptions.Arkansas Debt Collection Laws Submitted by: Morgan S. Doughty, Associate Attorney, Hood & Stacy, P.A.; Posted: 02/07/2013
Morgan is an associate attorney with Hood & Stacy, where at least 85 percent of her law practice is dedicated to debt collection. She enjoys negotiating with opposing counsel and the challenge of getting the best outcome for her clients. She points out that Arkansas Judges work independently from one another and may require an approach that is unique only to them. “It is vital to know what each court/judge expects as far as what evidence is required to prove a case.”California Debt Collection Laws Submitted by: George L. Cohn, Senior Attorney, Collection Lawyers; Posted: 02/08/2013
Collection Lawyers scrutinizes collection recovery at all stages of the litigation process. George is Senior Attorney at the firm, and he has been listed with The National List for over 25 years. “Under a new CA state law effective 1/1/13, we can levy an account at one central bank location, and ‘sweep up’ all funds listed under a debtor’s name and social security number anywhere in the state. We can also garnish wages, including spouses’ (with a court order), even if they’re not listed in the judgments,” George said.
Additional papers published to date include Colorado, Connecticut, Delaware and District of Columbia.
By Marti Lythgoe, NL Editor