Courts find in favor of a Nebraska Debt Collector

As professional debt collectors in Florida, we are a very highly regulated industry. As attorney's that focus on debt collection Marcadis Singer PA is subject to even more structure than the typical debt collection firm.

We applaud the decision on the part of the US District Court in Omaha Nebraska's decision to dismiss charges that a standard letter issued by the debt collection firm was "false and deceptive"

Specifically the suit alleged that language in a letter from the debt collector stated

“Unless the debtor disputes the debt within 30 days after receipt of the notice, it will be assumed that the debt is valid.”

In its dismissal order, the district court found that nothing in the notices were “false or deceptive.”

“Even if (the plaintiff) was misled by the notice, as she contends, and believed that the county court would assume her debt was valid if she did not respond within thirty days,” the order read, (according to the Omaha World Herald), “she was in no way misled to her detriment, and the notice was not materially misleading.”

We applaud such straight forward decision making on the part of our court system.

Marcadis Singer, PA

5104 South Westshore Blvd.

Tampa, Florida 33611

Debt Collection Scam in Texas

Marcadis Singer PA are debt collection attorneys in Florida. We present the following because it is imperative that those that work with us, as debtors and creditors, know how to discern a legitimate debt collection attempt from a debt collection attorney, from what some of the film flam trying to make a buck scam artists are perpetuating.

The Texas BBB has received reports of "supposed" debt collectors threatening debtors with Jail. These shady operators call well equipped with a great deal of personal information about the individual, which makes them sound "legitimate".

Rest assured, no competent debt collection attorney will ever call you and threaten you with Jail.

When you are contacted by Marcadis Singer PA, or if you engage Marcadis Singer PA to assist you in the collection of a debt, we will use only the most professional and respectful communications.

The article is a worthwhile read.

http://watchyourbuck.com/2013/11/20/phony-debt-collectors-threaten-consumers-with-jail-dont-fall-for-it/

Marcadis Singer, PA

5104 South Westshore Blvd.

Tampa, Florida 33611

Fair Debt Collection Practices Act (FDCPA) takes a look at digital

There is an abundance of legislation making news in the debt collection industry.

To be sure, every industry has good players, and bad players. In every industry, the bad players get far more press. However, amid the flurry of activity trying to make the process of collecting debt more fair for both creditor and debtor, there is also a call for information and opinions about how newer and more modern communications technologies should be impacted in the rules around debt collection.

It seems somehow just not that long ago when it was a real consideration for any business wether or not to have a fax machine, and today they are mostly passé. I remember our own internal struggles back in the day with should we even allow email in the workplace, or internet access. Again, those conversations somehow seem very old and far away.

That the CFPB has announced an advance notice of proposed rule making in the Feerla Register is totally and entirely appropriate.

Technology marches at a furious and relentless pace. Without clear guidelines on what is and is not appropriate, especially for attorneys where their membership in the local bar might be at stake, is imperative.

The Bureau is looking at these primary areas when it comes to emerging communications vehicles:

The types of technologies that debt collectors regularly use to communicate or transact business with consumers;
The types of collection technologies that merit the application of FDCPA rules regarding “unfair, deceptive, or abusive acts or practices”;
Emerging communications technologies that might materially benefit or harm consumers or debt collectors in the absence of further guidance or rulemaking;
The complications or compliance issues that social media present for consumers and debt collectors; and
The costs and benefits of using “mini-Miranda” warnings in communications over social media.

In addition to how the debt collection community communicates with their debtors, The CFPB is also evaluating the new means by which data is being conveyed. Once again, the Debt Collection Attorneys at Marcadis Singer, PA believe it is entirely appropriate that we embrace and understand the new technologies, and have clear cut guidelines to help protect both creditor and debtor.

In terms of data transfer the following are under consideration:

The availability of data about the types of information that are transferred to third-party collectors upon the purchase or placement of debt;
The effect of information about transferred debt on the cost of debt that is sold;
The current or potential systems and controls that creditors employ or could employ to monitor or oversee debt buyers;
The type and nature of information that debt sellers either retain and/or transfer to debt buyers;
The extent to which debt owners transfer or make available to third-party collectors or debt buyers information relating to: (1) disputes, (2) prior correspondence with consumers,(3) attorney representation, and (4) a consumer’s language proficiency, servicemember status, income source, or deceased status; and
The access rights and limitations of debt collectors to documentation related to the debt, such as the debtor- creditor account agreement, account statements, and similar documents.

If history teaches us anything, these conversations will not be quick. They are, however necessary to keep the debt collection industry honest, vibrant, fair and secure.

More information about this initiative can be found at the link below.

http://www.lexology.com/library/detail.aspx?g=91919694-f7e1-47c3-9a20-f5b6cfffd8b4

Marcadis Singer, PA

5104 South Westshore Blvd.

Tampa, Florida 33611

5 ways to collect a debt and get your money back Summary

There are 5 main ways to approach debt collection.

Small Claims Court
Mediation
Arbitration
Collection Agencies
Credit Action

It does not matter which way you will choose, you will need to know just how far to take things. For instance, although many people may plead poverty outside the courtroom, take into close consideration what they say on the legal record. You will get a clear suggestion of just how much money the other party actually has and whether you should go after the full sum or not. If there is indication of sufficient belongings, chase your fair share. Nevertheless, if legal papers show little in the way of funds and an ex-client of yours offers you 50 cents on the dollar, it might be wise to take whatever you can get.

It is also very important to know when to bring in an attorney. For example, if the money you are fighting about is considerable, something like beyond the purview of your state's small-claims guidelines then an attorney might be worth the extra cost. Likewise, pay attention to your opposite number's outlook, particularly if there is a large sum of money at stake

Marcadis Singer, PA stands ready to assist you in all of your debt collection needs in Florida.

Marcadis Singer, PA
Debt Collection Attorneys
Florida
Serving:
Fort Lauderdale Debt Collection Attorney

States in the Debt Collection Industry

As debt collection attorneys in Florida, we are watching devlopements in Lousiana fairly closely.

Starting in 2014, Louisiana begins using a new state run office called the "Office of Debt Recovery" to help collect delinquent accounts. Quoting local News Channel 8 KNOE

Under the law, the Office of Debt Recovery can revoke and suspend state-issued licenses, offset tax refunds, intercept accounts payable and take dollars from some bank accounts to pay off debts.

We reserve our oppinion on wether this is a good or a bad move on the part of the state, and will be watching the relative success or failure of the effort. Please, feel free to comment and leave your oppinion of this issue below.

The Law Office of Marcadis Singer, PA is not responsible for any comments posted.

Marcadis Singer, PA

5104 South Westshore Blvd.

Tampa, Florida 33611

Taking Credit Action to collect a debt

If you are not capable to get back the money owed to you, you can think about calling your state's credit bureau.

They will provide you with the means needed to make the bad debt part of your opponent's credit record. While it may seem like nothing that could really help you right now, it may create valuable leverage some time down the line when a bank or other lender refuses a loan because of the bad debt to your opponent.

That may hasten your less-than-reliable client or buyer to give back what is owed you to clear up the credit report.

Sometimes, collections are far better left in the hands of a professional. If you need legal assistance in debt collection, especially in the state of Florida, don't hesitate to give us a call.

Marcadis Singer, PA
Debt Collection Attorneys, Florida

Collection Agencies for Debt Collection

Collection agencies are businesses that can be hired to try to get back the debt and you’ve probably heard about them already. Still, many collection agencies will only take cases that offer a rationally decent chance of success. Furthermore, they can be quite expensive. Fred Steingold, author of "Legal Guide to Starting and Running a Small Business" says "Some collection agencies will charge up to 50% of any amount they collect."

Marcadis Singer, PA frequently assist debt collection agencies once they have exhausted their debt collection efforts, and need to move the matter to the legal arena. We also work for other attorney's in collection of debts.

Marcadis Singer, PA
Debt Collection Attorney's in Florida

Debt Collection Through Arbitration

Arbitration is an option of mediation and it lets businesses in a dispute work with a neutral authority to hear both sides of the case.

The procedure is faster and more cost-effective than conservative legal channels, exactly like mediation; undeniably, your Better Business Bureau might offer volunteer arbitrators.

Nevertheless, unlike mediation, it's the arbitrator who makes a decision, a final ruling that both parties are bound to honor. If you would like more information about arbitration or if you need to locate an arbitrator please go to the American Arbitration Association's website.

If arbitration does not look like a rational solution for you, our law firm focusses on Debt Collection in Florida. Please give us a call.

Debt Collection Through Mediation

This type of dispute determination can take a couple of forms. For example, certain minor claims courts offer mediators. Instead of hearing a case, a judge may direct parties to work with a mediator to see if they can agree on a settlement short of an actual court verdict.

In other circumstances, the parties involved in a dispute may hire a mediator to help work out an appropriate agreement. While mediation can be much more cost efficient in comparison to a formal legal action (fees are typically split between the parties) and much faster, it is not 100% effective. A mediator is the channel for better communication, but it is up to the two parties involved to willingly agree to any kind of settlement.

There are times though when push comes to shove. If you are in St. Petersburg, or anywhere else in Florida and need the services of our Florida Debt Collection Law Fim, please don't hesitate to call us.

Marcadis Singer, PA

Debt Collection in Small Claims Court

This option can be very practical for resolving many disputes, mainly if the amount of money involved is somewhat minor. All you need to do, in most states, is contact the Small-Claims Court closest to you and ask for the necessary paperwork to file a claims action. It is typically a somewhat simple process, and your court may offer information to help you get through the whole procedure. You will need to file the paperwork, make sure the opposite party is served and the court sets a date to hear the case. Small-Claims Court has numerous advantages.

Firstly, you don't need an attorney to file the paperwork or even represent you in court. Furthermore, filing fees are generally small. Some courts charge as little as $40 to take care of the paperwork.

The whole process is really intended to run quickly. Verdicts are frequently handed down on the same day of the hearing. Nonetheless, there are some distinctions to keep in mind. The first thing is that the amount you are able to file for differs from state to state. For example, in Maine, the maximum is $4,500 for a claim. In Rhode Island, the limit goes down to $1,500 per claim.

Additionally, the responsibility is on you to make your case. You will have to present evidence, documents, and other forms of proof.

Sometimes, it is easiest to simply work with a debt collection professional.

The debt collection attorneys of Marcadis Singer, PA in Tampa Florida are ready to assist you in your debt collection needs throughout the state of Florida.

5 ways to collect a debt and get your money back

In today’s world of business you can’t be careful enough… In many situations, even people that tried to be very cautious got deceived. A client, maybe even a supplier, which seemed so trustworthy and reliable didn’t keep up their end of the deal.

Who will have to pay from their own pocket, is potentially you. Perhaps a client owes you money for products or services or a supplier has accepted the payment but didn’t deliver the goods…
The excessive attorneys' fees might sometimes exceed what is actually being owed. In many cases, there are ways to pursue legal action to collect what's owed to you without needing a lawyer to represent you.

Small Claims Court
Mediation
Arbitration
Collection Agencies
Credit Action

It is also very important to know when to bring in an attorney. For example, if the money you are fighting about is considerable, something like beyond the purview of your state's small-claims guidelines then an attorney might be worth the extra cost. Likewise, pay attention to your opposite number's outlook, particularly if there is a large sum of money at stake: "If you are dealing with someone who is obstinate or difficult, you may want to get a debt collection attorney involved,

We will be exploring each option in new posts.

Ft. Lauderdale Author on Consumer Debt

There is great concern that as we exit this recession, and find a time of greater prosperity, that people will go back to their previous spending patterns, and end up once again in the debt trap, dealing with debt collectors and debt collection attorneys.

We found this great article from the Ft. Lauderdale Sun Sentinel about a local author, +Howard S. Dvorkin, who has written a book to ward this off.

Quoting from the article...

"So Howard S. Dvorkin, who started his nonprofit to help free people of debt, has written a new book, "Power Up: Taking Charge of Your Financial Destiny," published by John Wiley & Sons, to try to give people a new mindset to resist overcharging..."

We haven't read the book, be we are aligned with the premise that consumers must control their debt, or may face having to deal with our industry, debt collection agencies, or debt collection attorneys in Ft. Lauderdale, or around the state of Florida.

Our hat is off to anyone making efforts to help educate consumers on controlling debt.

The Collections Industry and Creditors Liability

More and More legislation and court rulings govern the business of debt collection.

Businesses seem to rarely have the resources to keep up with the growing burden of legalities surrounding Debt Collection.

A recent ruling in United States Court of Appeals for the Second Circuit appears to to make it even more difficult for creditors, making them liable in some cases under the FDCPA "false name exception."

Please read this excellent article for more information

http://www.mondaq.com/unitedstates/x/275186/trials+appeals+compensation/A+Creditor+May+Be+Held+Liable+Under+the+FDCPA+Even+if+it+Hires+a+Third+Party+to+Collect+on+the+Debt

Our law firm has a focus on debt collection in St. Petersburg, Tampa, and around the state of Florida.

When someone owes you money, and you need to collect a debt, it is becoming more and more important that whomever you engage (debt collection agency, or a law firm specializing in Debt Collection and Debt recovery) i swell versed on the most recent, and ever changing legal landscape around the collection and recovery of debt.

Jacksonville adding another $43M in debt

The Florida Times Union writes an excellent article on a proposed $63 Million upgrade of EverBankField.

Twenty Million for the upgrade would be paid by Jaguar's owner Shad Khan, and the balance by issuing debt, paid for with Hotel Bed Tax money.

In these times, as debt collection attorney's in Jacksonville, FL, we are always alert to major spending efforts on the part of government and industry, as they are bellwethers to consumer and business behavior.

The jury is out on the additional revenues that this upgrade might or might not create, but the city council at least has rational plans for how to deal with their debt.

Jacksonville assesses a 6 percent hotel tax. One-third of that tax goes to promote tourism, one-third is paying off debt for the original stadium construction, and the remaining one-third goes to a sports complex trust fund to finance improvements at the stadium, arena and baseball park.

The hotel bed tax generates about $5 million a year for that sports complex trust fund, and the debt for the stadium upgrades would use about $3 million per year.

State law will allow this use of the bed tax, but these taxes cannot go into the general fund for necessary expenses like fire, libraries, police and so forth.

With the economy always looking for more money, is good to see that cities are at least considering how to generate revenues to pay off debt. We will watch this development with interest.

Tallahassee State Debt drops

From the Bradenton Herald we have a report on how at least the state is better managing its debt.

Florida's state debt has dropped 3 years in a row, now down to 24.6 Billion.

As debt collection attorneys in Tallahassee, we wish we could see some of the debtors we see struggling with debt follow the example of the state.

The main ways the the state has managed to get its debt under control, according to this article is

1. Refinance expensive debt with lower interest debt.

2. In the face of declining revenues, spend less on projects that you have trouble getting debt for.

If a reputiable creditor won't extend you debt its probably not a good idea to hunt for someone that will. The example the article uses is that the sate was unable to borrow money for its school construction fund due to declining revenue, therefore, it did not borrow, and the overall debt has declined.

Some things, for a state, or a company, or an individual, simply have to wait for us to continue to pull out of this recession and get back on solid footing.

Debt and Retirement in South Florida

The Ft. Lauderdale Sun Sentinel has come up with an incredibly good article about the post recession strategies of those looking to retire.

http://articles.sun-sentinel.com/2013-11-08/business/fl-affluent-saving-more-retirement-20131108_1_south-floridians-credit-karma-retirement-savings

The fast synopsis of the article is that seniors in South Florida are feeling very stung by the recession, and have concerns as well over the long term viability of Social Security.

South Florida's retiring population is "cautiously optimistic"

Credit card debt is decreasing, and more money as a percentage is being put towards saving and investment than in servicing existing debt.

There is an enormous gap between what seniors planned to retire on, and what they have to retire on.

Here's an excellent and telling excerpt.

... But many of those surveyed have some heavy lifting to do: The fall report found those surveyed have only $182,000 stashed away for retirement, but their goal on average is to acquire $758,400.
That's because for years during and after the Great Recession, many South Floridians focused first on paying down their substantial debt, said economics professor +Jorge Salazar-Carrillo, who directs the Center of Economic Research at Florida International University.
"They have already reduced debt levels tremendously," he said...

Our "gut feel" is that credit card debt is largely increasing, but other forms of debt are still routinely presented to our debt collection attorneys in Miami. We have gone a long way in our recovery to stem the flow of the most expensive debt, credit cards, but on the whole, we continue to struggle paying for secured, and at times over-leveraged debt.

Obama Care and Medical Debt

We ran across an excellent article in Forbes Magazine on the impact of the new healthcare reform, and bad debt in hospitals.

The author of the article opines that the bad debt that is held by hospitals will not likely be positively impacted as a result of these reforms.

One of the most telling excerpts from the article is

Expect hospitals to become more aggressive regarding collection of potential bad debt. As a group healthcare providers are becoming more sophisticated at identifying those who can pay but won’t versus those who can’t pay but won’t fill out the paperwork. One hospital, for example, has set up an process that generates a financial assistance application for patients automatically, requiring them to nothing. One of the benefits is that the hospital can devote more resources to collecting fees from those who are able to pay.

The article speaks to a reality that we face as we collect debts for our clients.

There are those who simple "can't" pay, and those who "won't pat" While wider health coverage will mean more people that are able to take advantage of healthcare, with deductibles, there will be more people receiving services, that are unable, or unwilling, to pay their share of the bill.

We expect to see more medical facilities outsourcing their debt, and outsourcing their debt sooner as these delinquencies increase.

Marcadis Singer PA, are attorneys focussing their practice on debt collection in Tampa and St. Petersburg, providing debt collection legal services for the entire state of Florida.

We expect to see an increase in demand for our services especially in major medical towns. If you need a medical debt collection attorney in Miami, please don't hesitate to call us. We also expect to see large increases in demand in Tampa/St. Petersburg, both of which are large medical towns.

Debt Collection Realities – Top 10

So many of our clients around the state have beliefs about how best to collect debt on their own, that by the time the debtor ends up in our file, things have gone far afield.

We would like to set the record straight with some Debt Collection Realities.

The more delinquent a debt, the harder it is to collect
The telephone is still the best collection methodology
The longer you wait to call to collect on a debt the less serious the debtor will take you.
Slow payments hurt everyone. They tie up the creditors cash flow, and extend the amount of time bad credit stays on the debtors credit record
Strong arm tactics lose. A firm, professional, and polite debt collection process garners debtor’s respect, and increases payment speed.
Form Letters are ineffective. Personalize your notices by merging with mail list so that every letter is personalized. A form letter is really a milestone in the documentation requirements that lead from debt collection to court.
Front Line Debt Collectors almost always wait too long before escalating a delinquent client up the chain of command, or referring to legal action.
Most deductions to the amount paid are a direct result of errors made by the seller. Use Debt Collection specialists as consultants to fix internal processes.
Great Collectors ask for and expect payment for the entire amount due. To expect otherwise compromises you from the beginning as you negotiate the debt.
The only successful call, is the one that results in a payment commitment. Always drive to reach someone that can make that commitment, or your call is a failure.

Marcadis Singer PA are Florida Debt Collection Attorneys.

Please review our services in major Florida Cities.

Tampa Debt Collection Attorney

Orlando Debt Collection Attorney

Tallahassee Debt Collection Lawyer

Sarasota Debt Collection Attorney

Jacksonville Debt Collection Attorney

Ft. Lauderdale Debt Collection Attorney

Miami Debt Collection Attorney

St. Petersburg Debt Collection Attorney

Ft. Myers Debt Collection Attorney

Great lessons in Debt Recovery from abroad

We read with interest about a case in Hong Kong involving Debt Recovery, Bankruptcy, Judgments and the need to act quickly.

The briefest synopsis of the article is

Two recent Hong Kong cases highlight the importance for creditors to pursue action for debt recovery swiftly, as any undue delay may impact on the period for which interest is recoverable and may prevent any enforcement action on a judgment debt.

While certainly Florida Laws are a totally different animal when it comes to debt collection in Florida, the point made in the article when it comes to enforcing your rights against a debtor is still well placed.

Its always interesting to see the perspective of countries and cultures outside of our focus to help keep our eyes on what we do best.

Here at Marcadis Singer PA, it is our goal to help you, the business owner, recover as much as possible of the bad debt from credit that you have extended in good faith. We always treat your debtors with the utmost respect.

Learning to be better Debt Collection Partners!

Partner Gil Singer is perfecting his craft attending the Commercial Law League of America (CLLA) Eastern Region Conference in New York. The theme of this conference is "Stop Going in Circles and Connect the Dots" The intention is to help Debt collection Attorneys, like Marcadis Singer, to better define their practice, better focus on the core value's that make us a unique legal provider in our community, and to keep us most focussed on those areas in which we excel. All of us at Marcadis Singer look foreword to sharing with Gil on his experience to learn how we can continue to keep Marcadis Singer a vibrant law firm, and a valuable partner to the businesses that rely on us to keep their past due debts from crippling their businesses.

Take Good Notes Gil!

http://www.clla.org/events/default.cfm?action=event_details&event=283

Debt Collection Options by State

There is an incredibly interesting article at The Atlantic Cities.com that details by state what assets and wages are protected for a debtor, and what can be attached.

The bottom line is once a debtor finds themselves spiraling out of control in debt, it gets more and more difficult to pull out.

From our side of the table, as Debt Collection Attorneys in Florida, we can only say, make commitments with your creditors, and do all you can to honor them. The best way out of a debt quagmire is to find a way to make good on what you owe, and work with your creditors.

Enjoy the read.

Ralph and Gil