“Getting the Upper Hand,” is the state slogan for Michigan. Reading the white papers by attorneys in each of the five states published last week on The National List’s website, could help you get “The Upper Hand” in doing business there. Read below to get just a taste of the laws in each of the states and a short introduction to the authors. Today’s blog covers the papers published March 4^th through March 8^th.

On the same day that the paper was published, a blog about the author and the firm he/she represents appeared on InsideARM.com. You can go here to read the full blogs and follow the links below  to read the papers. Remember, you must be registered on the NL Website in order to download the entire white paper. Registration is free and easy. 

Maryland’s District Courts made industry headlines twice in 2011. Read the paper to find out why InsideARM published reports on MD in July and September. The great majority of routine collection cases in MD are brought in the District Court. As long as there is no problem with service, a plaintiff can expect to have judgment, either by default or trial, in an average of nine months to a year. Mauro Law Offices has been engaged in creditors’ rights litigation since 1986. Thomas Mauro says “patience and perseverance are the most important aspects of the work.”

Jeremy Cohen has some interesting observations on the business of debt collection: “Everyone from the witches of Salem to representatives in government is owed money and owes money,” and “Judges love pleasing a crowd of debtors.” Find out what else he has to say about the practice of debt collection in Massachusetts including, “Attorneys not licensed to practice law in the Commonwealth, who regularly engage in or whose principal purpose is debt collection, must obtain a license as a debt collector.” 

Michigan is one of the few, if not the only state that allows private judgment-creditors to garnish an individual’s State Income Tax refund to be applied toward the unpaid judgment balance. Mimi Kalish says, “The city of Detroit and the entire state of Michigan were hit hard by the economic downturn that began in 2006. I found it especially important during this difficult period to approach debtors with a sense of humanity and respect, while vigorously pursuing the collection of debts for the benefit of my clients.”

Minnesota is a “serve first’ state, which means an action is commenced upon service and not upon filing. Because approximately forty percent of Minnesota’s population resides outside the greater Minneapolis – St. Paul metropolitan area, the choice of effective service methods can be an important consideration. In 1997, Gurstel Chargo was founded to assist businesses with their fiscally-driven matters. The practice blend is structured to provide clients with sophisticated and occasionally unlikely solutions to their fiscally-driven matters. One hundred percent of the practice is dedicated to debt collection. 

CCB also submitted the Louisiana white paper. They represent a variety of local, regional and national businesses, including several publicly traded entities and some of the nation’s largest lenders. The Firm serves as a regional legal resource, with its offices in Mississippi, Louisiana, Alabama, and Tennessee. MS statutes require certain actions in order for a party to recover attorney’s fees, when they do not have a contract that specifically allows them. MS case law has held that attorney fees are reasonable up to 33 percent of the balance, as long as the fees do not exceed $5,000.00. 

Additional papers published to date include Missouri, Montana, Nebraska and Nevada.

By Marti Lythgoe, NL Editor

Categories: NL Insider

Tags: attorneys fees, Creditors' Rights, creditors' rights litigation, debt collection, judgment creditors, serve first state