“Come See For Yourself,” is the state slogan for New Jersey. We invite you to read the white papers by attorneys in the five states published last week on The National List’s website, and “see for yourself” how different the debt collection laws can be in each one. See below for a teaser about the laws and a short introduction to the authors and their firms. Today’s blog covers the papers published March 18th through March 22nd.
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.New Jersey Debt Collection Laws Submitted by: Lloyd S. Markind, Sklar~Markind; Posted: 3/20/2013
In addition to claims placed for litigation, Sklar~Markind’s collection department handles pre-litigation collections and post-judgment executions. Additional practice areas include bankruptcy, mortgage foreclosure, replevin, subrogation, and landlord-tenant. Lloyd S. Markind is the owner of the Cherry Hill law firm. He has more than 20 years of experience in commercial litigation and collections. In NJ, electronic filing is mandatory for attorneys or firms that file more than 400 DC complaints per year.New Mexico Debt Collection Laws Submitted by: Dana K. Grubesic, Western States Law Group LLC (formerly Kanter & Grubesic, PA; Posted: 3/19/2013
Kanter & Grubesic, PA, changed its name to Western States Law Group, LLC, in recognition of its offices in NM, CO, NV and WA. The Albuquerque office concentrates on subrogation and retail collections. Author, Dana Grubesic, passed on some sage advice from her father, Elvin Kanter, founder of Kanter Law Firm: “[His] philosophy on collecting debt was that most people don’t pay their debts because they can’t pay, not because they don’t want to pay.” However, she adds, “In New Mexico, it is very, very difficult to collect on Indian land.”New York Debt Collection Laws Submitted by: Scott E. Wortman, Esq., Partner, Mel S. Harris & Associates, L.L.C.; Posted: 3/18/2013
“One of the unique aspects of New York State debt collection law is that New York City has far more rules and regulations than the rest of the State, and that the consequences for not precisely following them are punitive and could be quite severe. Many of our clients apply the New York City rules Statewide to avoid any incongruity or miscalculation.” Scott’s paper is enlightening as to what many of those rules are. “I’ve developed a true passion and zeal for what I do and for the important role the debt collection industry plays in the consumer lending process. I now view this as a lifelong career.”North Carolina Debt Collection Laws Submitted by: Lee C. Rogers, President and Managing Partner, Sessoms & Rogers, P.A.; Posted: 3/21/2013
Although there are 100 counties with nearly 100 ways of interpreting NC law, they all agree that NC law does not permit wage garnishment in debt collection cases. Lee told us, “I don’t think anyone sets out to be a debt collector or a collection attorney…. But I have found that every day brings something new and interesting and real opportunities for learning and development. It is an area of law where you are providing a tangible, measurable service to your client, helping them to achieve the goal of increasing their collections and remaining compliant with the law.”North Dakota Debt Collection Laws Submitted by: Joel Boon and Brittney Bornemann, Rodenburg Law Firm; Posted: 3/22/2013
Rodenburg Law Firm’s practice is 100 percent dedicated to debt collection. They have been members of The National List since 1995.They represent clients in MN, MT, ND, SD and WY. Joel Boon is a partner and Brittney Bornemann is an associate with the firm. North Dakota is one of very few states where suit is commenced by service of a lawsuit, rather than filing the case with the court. “This can have advantages for both our clients and for debtors, since it provides the parties an opportunity to resolve the case without incurring court costs and creating a public record.” The paper enlarges on ND being a “service state.”
Additional papers published to date include Ohio, Oklahoma, Oregon and Pennsylvania.
By Marti Lythgoe, NL Editor