“This Is Still the Right Place” is the state slogan for Utah, one of the 5 states to publish a white paper last week on NL Insider and a blog on InsideARM. Not only is today’s blog “The Right Place,” but you have two other places to go to learn more about state laws and the firms and authors who wrote about them — InsideARM.com and here on The National List Website. Today’s blog covers the papers published April 1st through April 5th. See below for a teaser about the laws and a short introduction to the authors and their firms.
Remember, you must be registered on the NL Website in order to download the entire white paper. Registration is free and easy.South Carolina Debt Collection Laws Submitted by: S. Nelson Weston, Jr., and Adam S. Tesh, of Richardson, Plowden & Robinson, P.A.; Posted: 4/1/2013
Creditors need to know that South Carolina is a Right to Cure State. Failure to properly send a Notice of Right to Cure to a Debtor at least 20 days prior to repossessing a piece of collateral can give rise to a cause of action for conversion against the Creditor. This applies to secured and unsecured loans. S. Nelson Weston, Jr., a shareholder at the firm, is certified as a specialist in debtor, creditor and bankruptcy law by the South Carolina Supreme Court. Adam S. Tesh has practiced in the area of consumer debt collections for 12 years. His practice of law is 95 percent dedicated to debt collection.South Dakota Debt Collection Laws Submitted by: David L. Edwards, Briet Law Office, P.C.; Posted: 4/2/2013
Breit Law Office, P.C., was founded by Donald H. Breit in 1975 and steadily grew into a leading collection practice in the state. The author, David L. Edwards, specializes in collection law, contract disputes, and a wide variety of commercial transactions. “South Dakota imposes sales tax on attorney’s fees, which is not unique, but often an important consideration for creditors to keep in mind,” David told us. From the paper we learned that in South Dakota, there is no special licensing or bonding requirement to practice in debt collection. SD’s garnishment law is more restrictive to creditors garnishing wages than the federal law.Tennessee Debt Collection Laws Submitted by: Kelly Dicken of Finkelstein, Kern, Steinberg, & Cunningham, P.C; Posted: 4/3/2013
Since their inception in the 1930s, Finkelstein, Kern, Steinberg, & Cunningham, P.C. (FKSC) has practiced in many different areas. For over 50 years, the firm has been a recognized leader in the legal collection industry. Kelly Dicken is Executive VP of FKSC, and additionally serves as Secretary for the TN Creditor’s Bar Association and Director/Chairwoman of the Legislative Committee. TN is an ‘appearance’ state that requires the presence of an attorney at all legal proceedings. TN also allows the Plaintiff to take a voluntary dismissal, commonly referred to as a ‘nonsuit,’ up to two times on the same cause of action.”Texas Debt Collection Laws Submitted by: M. H. Butch Cersonsky of Cersonsky, Rosen & Garcia, P.C.; Posted 4/4/2013
Butch warns creditors that “Texas is a debtors’ haven.” TX exemptions regarding garnishment and writs of execution are numerous and generous compared to other states. His “quick review” of exemptions includes: Wage Garnishment – Not allowed for creditors, but allowed for child support claims; Bank Garnishment – Allowed, but not as to funds that can be traced to an exempt source; Homesteads – Generally 100 percent exempt, except for: purchase money liens, liens for work on the property, and taxes; Automobiles – Generally 100 percent exempt from the claims of third-party creditors.Utah Debt Collection Laws Submitted by: Gregory M. Constantino, Founder & President of Constantino Law Office, P.C.; Posted 4/5/2013
Gregory M. Constantino is founder and president of Constantino Law Office. He regularly speaks on FDCPA and Collection Law matters. Gregory begins his paper by telling us, “Utah’s legal and regulatory environment is unapologetically “pro-business.” Utah is a state that believes in the summary enforcement of contract rights. Utah’s laws reflect that belief. For example, Utah does not have any usury laws, and will enforce any agreed upon rate of interest.” It would seem that the state slogan, “This Is Still the Right Place,” could easily apply to debt collection.
Additional papers published to date include Vermont, Virgin Islands, Virginia, Washington.
By Marti Lythgoe, NL Editor