“Like No Place on Earth” is the state slogan for Wyoming, the last of our “50 White Papers in 50 Days” project to be published. We actually published 52 papers in 52 working days, including D.C. and the U.S. Virgin Islands. A Bonus for our followers! Today’s blog covers the last seven papers in the series, which began on Feb. 4, 2013.
You have two other places to go to learn more about every state’s laws and the firms and authors who wrote about them — InsideARM.com and here on The National List Website. See below for a teaser about the papers published 4/8 – 4/16, 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.
The National List would like to thank all of our member attorneys who participated in this project. We encourage debt collection industry professionals to take advantage of this valuable resource.Vermont Debt Collection Laws Submitted by: Spencer B. Lythgoe, Esq.; Posted: 4/8/2013
Although it is short, Spencer feels that the paper adequately covers the laws governing debt collection in VT, “of which there aren’t many.” He told us that because VT is an “old state,” many of the laws have been on the books for decades and not revised to meet changes in the way business is conducted today. Vermont does not require creditors, collection agencies, debt buyers, or Vermont-licensed attorneys to be specially licensed, registered, or bonded in order to engage in debt collection.Virginia Debt Collection Laws Submitted by: Peter Kubin, Dominion Law Associates; Posted: 4/10/2013
Dominion Law’s roots in the collection industry date back to 1977. Since then, they have emerged as a leader in the field of debt recovery and provide state-wide litigation service and coverage throughout Virginia, North Carolina, Maryland and D.C. Virginia does not impose special licensing or bonding requirements for collections entities, and doesn’t have any heavy or harsh regulatory or enforcement history. Peter told us, “Empathy is key to doing the best job for the client.”Virgin Islands Debt Collection Laws Submitted by: Sarah R. Smith, Law Offices of Karin A. Bentz, P.C.; Posted: 4/9/2013
The Law Offices of Karin A Bentz, PC, is located in St. Thomas. The firm, founded in 1993, is a general trial and appellate practice, with about 20 percent of the practice dedicated to debt collection for the last 20 years. Karen tells us, “There are few local statutes addressing the collection of debt in the U.S. Virgin Islands. Collection of consumer debts is addressed by the Territory’s prohibition on unfair trade practices, including deceptive and unconscionable trade practices.”Washington Debt Collection Laws Submitted by: Robert C. Scanlon, of Dellwo Roberts & Scanlon, P.S.; Posted: 4/11/2013
Dellwo, Roberts & Scanlon has represented clients in Eastern Washington for over 50 years. The firm practices in all areas of civil litigation. Robert has been a member of the firm since 1984. He also has been a volunteer firefighter for 22 years. A potentially very significant case with regard to the collection of debt is presently pending before the Washington State Supreme Court. We invited Robert to keep us up-to-date on what happens in this case.West Virginia Debt Collection Laws Submitted by: James B. Atkins, Esq., Atkins & Ogle Law Offices, LC; Posted: 4/12/2013
In recent years, A&O has developed strategies and efforts designed to better front-load collection results for clients. Jamie has worked in the debt collection industry since 1991. He warns, “Through ads and news stories, the average WV debtor has a greater awareness of his consumer protection rights. The office of the WV Attorney General spends considerable resources targeting out-of-state creditors who attempt collection efforts within the state borders without proper licensing and bonding.”Wisconsin Debt Collection Laws Submitted by: Shane P. Gale and Rausch, Sturm, Israel, Enerson & Hornik, LLC; Posted: 4/15/2013
Shane includes many interesting examples of case law in his paper. For example, “In Wisconsin it is well settled that when a debtor makes a payment on a credit card, the payment not only tolls the statute of limitations, but also sets it running anew from the date on which the payment was made.” He has learned, “In a volume practice like collections, reputation is everything. We should all be mindful of representations made not only in court, but when dealing with opposing counsel and pro se debtors off the record, as well.”Wyoming Debt Collection Laws Submitted by: Larry W. Harrington, of Harrington Law Firm, P.C.; Posted: 4/16/2013
Larry W. Harrington is owner of Harrington Law Firm, P.C. The firm provides pre-legal collection, litigation, and post-suit collection in all twenty-three Wyoming counties. He points out to us, “WY has relatively low court costs. New court rules require cases under $50,000 to be brought to judgment in seven months. Because of the transient nature of many Wyoming debtors, the applicable limitation period requires a determination of the residence of the debtor at the time the cause of action accrued.”
By Marti Lythgoe, NL Editor