“So Much to Discover,” is the state slogan for Ohio. We invite you to read the white papers by attorneys in the five states published last week on The National List’s website, and discover 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 25th through March 29th.
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.Ohio Debt Collection Laws Submitted by: Brian Block of Javitch, Block & Rathbone LLC; Posted: 3/25/2013
Brian worked as a collector while going to college. Working as a debt collection attorney for 10 years has “reinforced the idea of empathy, and that the ability to see things through the eyes of others can have a lasting impact in how we conduct ourselves as the representatives of creditors.” He enjoys working with the “tremendous team we have assembled at JB&R.” Brian warns creditors, “Ohio has a ‘borrowing statute’ regarding which state statutes of limitations (SOL) apply. If a cause of action accrued in another state and that state’s SOL has passed, the SOL in Ohio is also deemed to have expired.Oklahoma Debt Collection Laws Submitted by: Nicholas R. Hood, Associate Attorney, Hood & Stacy, P.A.; Posted: 3/26/2013
Hood & Stacy, P.A. has offices in Oklahoma and Arkansas. For more than thirty years, the firm has served the needs of clients in the areas of creditor bankruptcy, commercial and retail collections, mortgage foreclosures, landlord-tenant relations, corporate business, wills, probates, and real estate. Nicholas advises creditors, “Oklahoma is mostly a rural state that has a large number of courts for its population. Each county in Oklahoma, and even judges within the same county, operates independently, and therefore debt collection cases often require an approach that is unique to that county or judge.”Oregon Debt Collection Laws Submitted by: C. Thomas Davis & Paul C. Galm of Davis Galm Law Firm; Posted: 3/27/2013
Tom and Paul advise creditors collecting in Oregon that, “Arbitrators and judges require chain of titles and solid document verification of debt before judgments are awarded,” and, “Any Judgment can last up to 20 years, so have patience.” From the paper we learn l that, “One trap for the unwary pertains to landlord tenant residential cases. If a claim is brought on the lease such as for unpaid rent, it must be filed within one year. If the claim is for common law damages to the premises, the statute is six years.” The paper contains many other interesting facts pertaining specifically to debt collection law in Oregon.Pennsylvania Debt Collection Laws Submitted by: Frederic I. Weinberg, Esquire of Gordon & Weinberg, P.C.; Posted: 3/28/2013
Gordon & Weinberg, P.C. law firm is the successor to Pepper, Gordon, Breen & Weinberg, P.C., which has roots dating back to 1928. They specialize in commercial and consumer collections and have provided statewide coverage in PA and NJ for over 50 years. Fred warns creditors, “There are many procedural difficulties in Pennsylvania, no wage garnishment being the most significant. However, bank garnishments are permitted. Finding a banking asset may be the best post-judgment remedy available.” Also, collection agencies, collectors, and debt buyers do not need to be licensed in PA.Rhode Island Debt Collection Laws Submitted by: Neill B. Lyon, of Hodosh Lyon, & Hammer Ltd.; Posted: 3/29/2013
Hodosh, Lyon & Hammer have clients that place hundreds of cases monthly, as well as clients that place only a few each year. They handle a broad variety of cases: retail, commercial, and medical collections. Neill thinks creditors should know, “The courts are in Rhode Island are ‘Old School.’ Everything remains on paper. Records are not available on computer, nor can they be searched that way. If you need a court document, expect to take a drive to the courthouse.” He affirms, “The vast majority of both the bar and the debtors I interact with are wonderful people. Some are just at a difficult point in their lives.”
Additional papers published to date include South Carolina, South Dakota, Tennessee and Texas.
By Marti Lythgoe, NL Editor