0

Sued by Meyer Njus Tanick in Michigan? We can help.

Meyer Njus Tanick

Sued by Meyer Njus Tanick in Michigan? We can help.

Meyer Njus Tanickis a law firm that represents creditors and specializes in debt collection cases.  In some instances, individuals have reported that Meyer Njus Tanickhas, on behalf of its clients, taken large sums of money from bank accounts for judgments on debts.  It may seem unfair but it may still be legal.  Debt collectors are notorious for using abusive and fraudulent means to collect money.  It is not uncommon for them to add on interest or fees to increase the balance you supposedly owe.  If they do this, they are in violation of the Federal Fair Debt Collection Practices Act.  Some individuals report that they never received notice of a default judgment entered against them.  These situations can be confusing and frustrating but the attorneys at Garmo & Kiste, PLC are here to help.  If you are having trouble with a debt collector or have been sued by a law firm such as Meyer Njus Tanick, call Garmo & Kiste, PLC at (248) 398-7100 for a free consultation or contact us with a private message.  We are an aggressive law firm that will fight for your rights.

Another thing to keep in mind is that all debt collection communications are not necessarily legitimate. Debt Collection Scams are increasingly common. These are different from the legitimate debt collection actions taken by actual creditors.  Consumers have reported getting frightening and threatening phone calls demanding payment of outstanding payday or internet check cashing loans.  The caller may claim to be a representative of a law firm or even the government.  These callers probably won’t abide by the rules of the FDCPA so if you are being subjected to abusive debt collection behavior such as calling before 8 am or after 9 pm, this is a red flag and you should seek help. The scariest aspect of being contacted by fake debt collectors is that they may have a lot of accurate personal information about you including your birthday or even your Social Security number.  Be sure not to give any additional information about yourself and seek help.

Even dealing with legitimate debt collectors can be a harrowing experience.  If you are in this position the attorneys at Garmo & Kiste, PLC are here to fight for you.   If you have outstanding debt, have been harassed by a debt collection agency or contacted by a law firm such as Meyer Njus Tanick, please contact us at (248) 398-7100 or send us a private message.

0

Sued by Zwicker & Associates, PC in Michigan?

Sued by Zwicker & Associates, PC in Michigan?If you have received a letter from Zwicker & Associates, PC or another debt collection firm stating you have an outstanding balance, there are a few things you need to know.   Zwicker & Associates, PC is a debt collection firm that frequently represents Discover and American Express. They pursue legal action on behalf of these debtors, hoping to collect outstanding debts.

Debt collectors are required to follow certain rules, though some will push the legal limits.  They are required to inform you of the exact amount you owe, tell you who they are and what entity they represent.  They are not allowed to give you false information, claim that they work for a credit reporting agency, or tell you that you are guilty of committing a crime.  If you have been contacted by someone claiming any of these things, this is a signal that the debt collector may be using abusive, illegal practices.

There are a number of tips you may implement in order to ensure you don’t get strong-armed by these entities.   Ensure you are familiar with your rights under the Federal Fair Debt Collection Practices Act (FDCPA).  The FDCPA may apply to lawyers if they are acting as a debt collector.  Further, though the debtor hopes to collect the full amount of your balance, you may be able to settle for less than the amount they claim you owe.  Even if you owe a large amount, bankruptcy is not your only option.   Paying a lump sum may not be possible for you but an experienced attorney can be instrumental in reaching a settlement and arranging a payment plan with collection firms such as Zwicker & Associates, PC on your behalf.  This can make it easier for you to pay off outstanding debt.

For more information about Debt Collection Defense and Zwicker & Associates, PC or to retain Garmo & Kiste, PLC, call us at (248) 398-7100 for a free consultation or contact us with a private message.

For more subject specific information, please click on the following Article links:

Detroit | Troy | Royal Oak | Warren | Sterling Heights | West Bloomfield | Novi | Rochester Hills | Farmington Hills | Southfield | Oak Park | Birmingham | Clinton Township | Livonia | Allen Park | Redford | Wayne | Dearborn | Berkley | Shelby | Romeo | Lapeer | Clawson | Madison Heights | Hazel Park | Bingham Farms | Harper Woods | Grosse Pointe | St. Clair Shores | Livonia | Plymouth | Northville | Canton | Pleasant Ridge | Clarkston | Waterford | Grosse Pointe Farms | Center Line | Eastpointe | Roseville | Fraser | Grosse Pointe Woods | Harrison Township, Mount Clemens | Armada | Armada Township | Bruce Township | Memphis | Ray Township | Richmond | Richmond Township | Romeo | Washington Township | New Baltimore | Macomb Township | Shelby Township | Westland | Inkster | Utica | Chesterfield Township | Lenox Township | New Haven | Taylor | Southgate | Hamtramck | Romulus | Woodhaven | Wyandotte | Ecorse | Lincoln Park | Wayne County | Lapeer County | Macomb County | Oakland County | Tri-County Metro Detroit area

1

Asset Acceptance LLC Michigan Debt Defense

Asset Acceptance LLC Michigan Debt DefenseLimits the rights of Debt Buyers in Collections Matters

Our office has worked extensively with the collectors and lawyers representing Asset Acceptance, LLC. This debt collection company was recently involved in a class action lawsuit. The Plaintiffs in the lawsuit were people like the people we often represent who had defaulted on a loan which had been sold to Asset Acceptance. In order to understand the opinion, it is critical to understand the definition of “charge-off” with respect to a debt. According to the opinion “At some point after Plaintiff’s default, the original creditor determined that these respective debts were uncollectable, and therefore decided to ‘charge-off’ the debt… Creditors charge-off debt in accordance with federal regulations that permit the creditor to remove the debt from their financial records. See Victoria J. Haneman, The Ethical Exploitation of the Unrepresented Consumer, 73 Mo. L. Rev 707, 713-14 (2008) … These accounts are treated as a loss wherein the creditor receives a tax deduction under the Internal Revenue Code[1]. Id. at 714. Asset purchased Plaintiff’s charged-off accounts for pennies on the dollar and began its own collection efforts.” At this time the Defendant Asset Acceptance began to charge interest on the notes which had already been charged-off by the original creditors.

The issue in this case is whether the original creditor can continue to charge interest on the debts once they are charged off. The Plaintiff’s argue that since Asset Acceptance, as assignees of the note, stand in the shoes of the original creditor with no greater rights. As such, interest could not be collected without violating the Fair Debt Collection Act. The court sided with the Plaintiffs holding that “Because [the original creditors] waived the interest, Asset could not retroactively impose interest for the period in which it did not own the accounts.” McDonald v. Asset Acceptance, LLC, United States District Court, E.D. Michigan, Southern Division. Aug 7 2013. Slip. Op.

So, what does this mean for you? The holding is relatively narrow as applied to most debtors. However, if you believe that interest was accrued between the time your note was charged off, and purchased by the collections company, you may be entitled to a reduction in total balance.

For clarification of this, or other debt collection matters, contact Garmo & Kiste, PLC, at (248) 398-7100 for a free consultation or contact us with a private message. We are experienced Michigan attorneys with offices in Troy, MI.

More subject specific information, please click on the following Article links:

Detroit | Troy | Royal Oak | Warren | Sterling Heights | West Bloomfield | Novi | Rochester Hills | Farmington Hills | Southfield | Oak Park | Birmingham | Clinton Township | Livonia | Allen Park | Redford | Wayne | Dearborn | Berkley | Shelby | Romeo | Lapeer | Clawson | Madison Heights | Hazel Park | Bingham Farms | Harper Woods | Grosse Pointe | St. Clair Shores | Livonia | Plymouth | Northville | Canton | Pleasant Ridge | Clarkston | Waterford | Grosse Pointe Farms | Center Line | Eastpointe | Roseville | Fraser | Grosse Pointe Woods | Harrison Township, Mount Clemens | Armada | Armada Township | Bruce Township | Memphis | Ray Township | Richmond | Richmond Township | Romeo | Washington Township | New Baltimore | Macomb Township | Shelby Township | Westland | Inkster | Utica | Chesterfield Township | Lenox Township | New Haven | Taylor | Southgate | Hamtramck | Romulus | Woodhaven | Wyandotte | Ecorse | Lincoln Park | Wayne County | Lapeer County | Macomb County | Oakland County | Tri-County Metro Detroit area


[1] Footnote mine: Additionally, in many cases the original creditor has insurance to cover bad debts and will receive a pay out on these charged-off notes. (McDonald v. Asset Acceptance LLC Michigan Debt Defense)