NL Member News

Attention National List of Attorney members: We highly recommend you read all the articles featured in this eNewsletter including the article in Kaulkin Ginsberg's Guest Column at the bottom of this eNewsletter titled:  "A Legal Precedent Pays off for Collectors in FDCPA Cases".

The New Pennsylvania Mechanics' Lien Law Provided by Paul F. D'Emilio, Esq. Member of the National List of Attorneys Effective January 1, 2007, Pennsylvania adopted a new Mechanics' Lien Law which makes major changes in the process, procedure and lien priority of Mechanics' liens. Historically, since 1963, contractors could, prior to commencement of the work, waive the right to file a mechanics' lien by entering into a written agreement with property owner ("Waiver of Liens"). This Waiver bound the General Contractor and all subcontractors and suppliers. Now, Waiver of Liens by the contractors and suppliers are subject to new rules. To read the entire article, click here.

China, the New World of Collections ~ International Debt Collections ~ Provided by Thomas Kalperis International, Inc.,  Member of the National List of Attorneys Only a few years ago, China was a stranger to the American people. Suddenly, there is a huge market opening up to international cultural communication. Travel between China and the United States is blooming, and the exchange of trade and commerce is everywhere. However, with the benefits of trade and commerce comes the inevitable issue of disputes that arise from contracts, agreements, and most of all corporate debt. Change in this world clearly has affected this new problem of "debt collection abroad". Credits and debts are flowing through the streets like the rain. Some of the players get rich, some of them struggle, and some drown. It is the same all over the world; the world of business is a hard one to conquer. The way to a tranquil and smooth voyage of business is not always an easy one, especially in China. Many foreign creditors think that it is easy to collect their money from a Chinese debtor, especially if they have a valid contract and/or agreement or invoices for goods or services in their possession. This evidence would seem to be enough for all necessary procedures - demand letters, negotiations, pre-litigation negotiation with a local attorney, or proof of debt during arbitration or court proceedings - to recover their debt. What a surprise it is when they find out their presumptions were wrong; different cultures have different rules for everything, even debt collection. At this point it is the Chinese lawyers that step in and have to explain to the creditors that their evidence is mediocre at best, if not worthless. Often times the evidence may be too weak to survive the scrutiny of negotiations and court proceedings. On occasions, these documents are nothing more than paper for the waste paper basket. To read the entire article, click here.