Press Release
The National List of Attorneys raises the bar with new Mentor Program
06/05/2008

 
 

 

 June 5, 2008
     

   

The National List of Attorneys raises the bar with new Mentor Program
 

The National List of Attorneys continues to raise the bar with its new Mentor Program, which pairs an experienced attorney member of The National List with a lawyer who is developing a collection practice, a new member of The National List or even a member who is looking for guidance on how to grow his or her collection practice.

"Mentoring is a brain to pick, an ear to listen, and a push in the right direction." said John C. Crosby, a former Justice of the Massachusetts Supreme Judicial Court.  "That is exactly what our Mentor Program will provide," said Randy Nicola, Vice President of The National List of Attorneys.

Mentors are those who promote:

  • Approachability:  welcoming attitude, easy to talk to
  • Professionalism:  high ethical standards; honesty; knowledge of industry and practices
  • Dependability:  the mentor’s promptness in responding to questions from those they are mentoring
  • Ability to Communicate:  listening skills, ability to articulate verbally and in writing
  • Attitude:  enthusiasm for the role as a mentor; willingness to devote required time; positive attitude about the profession and the collection industry

Although it is common for professional associations to have mentoring programs for new members, it is rare for private businesses to create these types of programs.  "The National List has always prided itself for being trend setters and this is just another example of why The National List of Attorneys is the leading worldwide attorney referral network,"  Jeffrey Zuck, President of The National List of Attorneys said.

For more information about becoming a mentor, the Mentor Program or other unique benefits offered to members and users of the services of The National List of Attorneys, contact Beverly Unrath at 800.227.1675 or by e-mail at bunrath@nationallist.com or visit The National List's Web site at www.nationallist.com.

Founded in 1900, The National List of Attorneys continues to be the leading worldwide attorney referral service.  The National List of Attorneys specializes in cases pertaining to commercial and consumer debt collection, subrogation, insurance defense, bankruptcy and transportation.  Claims forwarded and bonded through The National List of Attorneys are protected by an industry leading $3.5 million insurance policy. 
 

 
The National List of Attorneys
PO Box 2486, Bismarck ND 58502-2486  |  800.227.1675

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Press Release
Added Value to your National List Membership
04/10/2008

 
 

 April 10, 2008
     

   

Alliance Brings Tuition Savings on
Quality Continuing Education

The National List of Attorneys, the leading attorney referral service in
the credit and collection industry & National Business Institute, the
nation’s largest public provider of continuing education, announce
Tuition Savings on all

NBI continuing education courses for
NL Members & Registered NL Users!

 

 

Register to attend any of NBI’s live seminars, including their Institute for Paralegal Education division (IPE), and receive $50 Tuition Savings. Register to attend any of NBI or IPE teleconferences or webinars and receive $25 Tuition Savings.  Attorneys can earn six (6) or more CLE credits by attending live seminar.

  • Watch the monthly NL newsletter for upcoming seminars / teleconferences that are specific to the default servicing industry’s educational needs.
  • You can also click here www.nbi-sems.com for a complete listing of all live seminars.  If you would like to request mail notice of upcoming events in your local area email Kristi Tosseth @ kristi.tosseth@nbi-sems.com.   
  • 1-800-930-6182   Please pre-register by telephone & mention The National List to receive your tuition savings.  All courses are eligible for the discount, there are no exclusions.  * No other discount offers may be used in conjunction with this National List of Attorneys Tuition Savings discount.

If you are not a member of The National List of Attorneys and would like information on becoming a member, please contact Beverly Unrath at (800) 227-1675 or via email at bunrath@nationallist.com.


 

 
The National List of Attorneys
PO Box 2486, Bismarck ND 58502-2486  |  800.227.1675

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Press Release
NL and DebtNext team up!
05/08/2008

 
 

 

 May 8, 2008
 Raising The Bar
 

The National List of Attorneys and DebtNext Solutions
team to provide more tools to raise the bar

The National List of Attorneys, in its continuing effort to raise the bar, has arranged for members to obtain discounts on services that help them distinguish themselves from their competition, identify efficiencies that increase the bottom line and aid in the analysis of accounts being reviewed for potential purchase. These services are provided by DebtNext Solutions, LLC under an exclusive discounted arrangement for members of The National List of Attorneys.

DebtNext Solutions has products which cover the entire life cycle of accounts receivables management and they are currently working with some of the industry's largest companies on their solution needs. Their products allow for in-depth analysis and evaluations of portfolios and the subsequent management of those accounts once purchased. In addition, decades of experience allow DebtNext Solutions to offer a suite of services focused on providing operational reviews and suggestions as to improving overall business performance.

"In the short time that we have partnered with DebtNext Consulting Services, they have proven to not only be a valued strategic partner that we have already begun to rely on for advice but have provided us with second to none analytical consultative analysis of our collection results that we would never have been able to develop or produce ourselves." Yale Levy, Levy & Associates, LLC, Westerville, OH.

All of the DebtNext services and solutions can be useful to the small or large law firm. Coupled with the discount available exclusively to members of The National List of Attorneys, they are very affordable. These are perfect for firms going through growth spurts or planning for new growth and are scalable to limited budgets.

"Our plans for rapid growth were converging with a declining economy, which resulted in our need to develop advanced technologies to help us better evaluate potential purchases of receivables with the use of next-generation analytics.

Having worked with DebtNext Solutions over the years, building a propriety platform was not an option for us. DebtNext was able to deliver an evaluation tool that helps us become more competitive and better qualified to make pricing decisions.

This is a completely flexible platform that provides us with access to additional inventory management modules, designed to help manage our overall national operation.

If you are buying debt, I would highly recommend DebtNext as your evaluation tool of choice."

Robert A. Russo, Sr. Vice President, Crown Asset Management, LLC, Duluth, GA

To find out more about this program and to see if these solutions may be a fit for your business, contact Beverly Unrath at 800.227.1675 or by email at bunrath@nationallist.com.

Founded in 1900, The National List of Attorneys continues to be the leading worldwide attorney referral service. The National List of Attorneys specializes in cases pertaining to commercial and consumer debt collection, subrogation, insurance defense, bankruptcy and transportation. Claims forwarded and bonded through The National List of Attorneys are protected by an industry leading $3.5 million insurance policy.

DebtNext Solutions, LLC has been providing innovative technology solutions to the credit and collections industry since 2003. With its flagship product, DebtNext DirectTM, the team at DebtNext has brought efficiencies to their clients overall operations through a customized inventory management tool as well as decades of experience implementing and managing enterprise-wide applications.

 

 
The National List of Attorneys
PO Box 2486, Bismarck ND 58502-2486  |  800.227.1675

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Newsletter
04/01/2006
 

The National List
of Attorneys
Quality Legal Referrals Worldwide
Since 1900

Volume 27, Issue 27 April 2006
 



Latest News....

Check out the newest addition to our monthly eNewsletter!  We now have a guest column by Kaulkin Ginsberg at the bottom of the newsletter.

     


  The Specialist in the Science and Art of Skip Tracing.

     




 

     




Location information not available from any other source.


     


Share your feedback with us on our newsletter.
Contact us at
(800) 227-1675 or
results@nationallist.com

     

Do you have an article you would like published in our newsletter? 
Let us know! 
Call (800) 227-1675 or email
results@nationallistcom.

     

The Importance and Availability of Media in a Portfolio
by Rick Shell

Many new debt buyers are shocked when they discover the limited availability of media in the debt buying industry, especially when dealing with the credit card portfolios. That comes as no surprise when you consider the fact that documents are needed to validate debt.

To read the full article click here.

  

Our Newest Members |   www.nationallist.com  |  NL Buyers Guide


NL Member News

            


IMPACT OF THE APSEY DECISION
By:  Daniel E. Best
Weltman, Weinberg, & Reis Co., L.P.A.


On June 9, 2005, the Michigan Court of Appeals decided Apsey v Memorial Hospital, et al, 266 Mich. App. 666, 702 NW2d 870 (2005). Although this case involved a medical malpractice claim, it will have significant impact on all litigation involving out of state parties in the State of Michigan.  Given the nature of the collection industry, it will have a significant impact on collection litigation.

The case involved a conflict between the Uniform Recognition of Acknowledgments Act, as enacted into statute by the State of Michigan in 1969 (being MCL 565.261), and MCL 600.2102, statute enacted in 1879.  Specifically, MCL 600.2102 requires that affidavits notarized in a state of the United States other than Michigan, must be certified by the clerk of, “… any court of record in the county where such affidavit shall be taken under the seal of said court.”  The Uniform Recognition of Acknowledgments Act, as adopted in Michigan, requires that out of state notaries be treated in the same manner as Michigan notaries. The Appellant in this case claimed that these two statutes conflicted, and as such, the more recent statute controlled.

The Apsey Court did not find a conflict between these two statutes and held that MCL 600.2102, and its requirement that affidavits notarized in the United States, other than Michigan, must be certified by the clerk of court in any court of record in the county where such affidavit was taken, and be under seal of that court was applicable to affidavits sought to be used in court proceedings.

This law as interpreted by this Court requires out of state parties take an extra step every time they send an affidavit to local counsel. Specifically, before an affidavit notarized outside the State of Michigan can be assured of recognition and used in court proceedings, that affidavit must be taken to the clerk in a court in the county in which the affidavit was taken and signed, and that clerk must, under the Court’s seal, certify both the signature of the notary is, indeed, what it purports to be (in other words, that it is that notary’s signature) and that at the time of the taking and notarizing of the affidavit the purported notary was, indeed, a notary public or justice of the peace authorized to administer oaths in the state where the affidavit was taken. Under the Apsey decision, without this certification, the affidavit will be deemed absolutely invalid in any Michigan Court.
 
Affidavits are generally used in Michigan in court proceedings in the following areas:

  • In support of motion for summary disposition (identical for a motion for summary judgment);
  • To support a complaint which needs to be verified;
  • To support a complaint where an original note or contract are not available at the time of filing;
  • To support a complaint on an account stated.

There are several things that can be done to minimize the effects of the Apsey decision.  For example, Michigan allows the introduction of business records that are supported by “a written declaration under oath by its custodian …”.  (MRE 902 (11). Therefore, to support a motion for summary disposition (judgment), it is possible to attach the business records with the “written declaration under oath” to support the facts set forth in the motion, in lieu of an actual affidavit.  In these cases, it is imperative that the business records include a record of the outstanding balance due through the time the complaint was filed.

It is noteworthy that this is strictly a Court of Appeals decision. As such, it is binding on those courts within its appellate jurisdiction, but persuasive on those outside. There has not been a conflicting decision handed down yet. Further, this decision has been appealed to the Michigan Supreme Court. Should that Court uphold the ruling, then it would be binding on all courts within the State of Michigan. In addition, through organizations such as the Michigan Creditor’s Bar Association, legislative redress is being sought to eliminate this archaic statute. These efforts are being opposed by the insurance industry, which argues that this limits the ability to bring a medical malpractice claim and thereby frivolous suits. To the extent possible, creditors should be seeking to have their lobbyists support any such legislation.  This support should be coordinated through the MCBA’s lobbyist, Eric Rule, who can be reached at errule@retailers.com


* Special thanks to:
Barb Adams, Michael Buckles and Chiara Mattieson of Weltman, Weinberg, & Reis Co., L.P.A.

 


Upcoming Events



2006 Spring Collection Conference
May 18-20, 2006
Loews South Beach
Miami Beach FL


 
Newsletter
08/01/2006
 

The National List®
of Attorneys

Quality Legal Referrals Worldwide
Since 1900

Volume 31, Issue 31  August 2006
 




     



     

     

Do you have an article you would like published in our newsletter? 
Let us know! 
Call (800) 227-1675 or email
results@nationallistcom.

     

Columbia Ultimate: Collections Software.
Client Care.



     




     

The Summary of Collection Laws 
2006-2007


     

The Battle Over the IRS
by Patrick Lunsford

Legislators in the U.S. Senate will decide soon on the fate of the IRS initiative to use private collection agencies to go after delinquent taxes. A new version of a Treasury appropriations bill has cleared a Senate committee late last week and is set for debate on the Senate floor. This latest version does fund the IRS private debt collection initiative, unlike a similar bill that made it through the House.

To read the full article click here.



  


NL Member News

            
 

ENTITIES

by Rick Thomas
Thomas & Thomas

Why is it important to know what kind of entity your dealing with?

It may be glaringly obvious, but the main objective in commercial collections is getting to the money and collecting it. Most debtors don't simply fork over the money after a phone call or letter. In order to determine the best strategy to use in approaching a recalcitrant debtor, the collector has to know what kind of a legal entity they are dealing with. The bottom line is that the creditor and its agents are limited to going after the assets of the entity that owes the money.

In most states, there are three types of entities recognized by the law. The first, and most simple, is a sole proprietorship. This is merely an individual carrying on a business. When dealing with a sole proprietor, not only are the assets of the business subject to the debts incurred, but also the personal assets of the proprietor. In essence, there is no legal distinction between business assets or business debts, and those the individual proprietor holds outside of the business. Thus, if a creditor has extended credit to a business which is a sole proprietorship, the creditor may look to all the assets owned by that individual to satisfy the debt.

The second kind of business entity is a partnership. In the majority of states, a partnership is considered the same as a sole proprietorship, except that the business is owned by more than one person. As in a proprietorship, the partners in the partnership are personally liable for the partnership debts, and creditors of the partnership may look to the personal assets of any of the partners to satisfy the business debts. Another term that comes into play with a partnership is joint and several liability. The term joint and several means that each partner is fully liable for any debts of the partnership. In essence, even if a particular partner only owns a 20% interest in the business, that 20% partner can be held liable for 100% of the debts of the business. Some states have tempered this liability by allowing the formation of a Limited Liability Partnership (ALLP@). In states that recognize an LLP, there is named a General or Managing Partner, who is liable for 100% of the partnership debts. The other ALimited@ partners are only liable up to the amount of their individual contribution to the LLP.

The third type of legal entity is a corporation. Many states recognize several types of corporations, known as Limited Liability Corporations (ALLC@), Professional Corporations (APC@), Professional Service Corporations (PSC), Professional Limited Liability Corporations (APLLC@) or Non Profit Corporations (ANP@). The distinction doesn't matter from a collection perspective, as the owner(s) or shareholder(s) of the corporation are NOT personally liable for the debts of the corporation. Only the assets of the corporation are subject to the corporate debts. For this reason, a creditor can extend credit to a corporation personally owned by a millionaire, but if the corporation becomes insolvent, where its liabilities exceed its assets, the creditors will not be able to collect the money.

Mr. Ernest Thomas, III
Thomas & Thomas
2323 Park Ave.
Cincinnati, OH 45206
Phone: (513) 961-5311 Ext. 103
Fax:  (513) 961-0075
Email: rick@tt-law.com




 Upcoming Events



  Commercial Law League of America
  (CLLA)

 
September 8, 2006  
  Western Region Meeting “Collections 2006”
  The Hilton Hotel
  Universal City, CA   

  November 9-12, 2006
  86th New York Meeting
  Sheraton New York Hotel & Towers



  National Association of Retail Collection Attorney
  (NARCA)

  2006 Fall Collection Conference
  October 19-21, 2006
  The Westin Kierland Resort & Spa
  Scottsdale, AZ




  Credit and Collection News
   (CCN)

  CCN2 - The 2nd Annual Credit and Collection News Conference
  April 11-13 2007, JW Marriott, Palm Desert, CA


 

 
Newsletter
12/01/2006
 

The National List®
of Attorneys

Quality Legal Referrals Worldwide
Since 1900

Volume 35 Issue 35  December 2006
 



  All of us at
The National List of Attorneys
wish you a Happy Holiday Season and a New Year of health, happiness and prosperity.

     

Holiday Hours
for NL

Our offices will be closed on Monday, December 25th for the Christmas holiday. 

We will also be closed on Monday, January 1st in celebration of New Years Day.

Happy Holidays!

     

 

     



     




Protect your claim(s) with our new $3.5 Million Insurance bond! 

Click the link above to see our User Benefits.

     


     





The NASP mission is to enhance the stature and effectiveness of subrogation and recovery professionals through education, training and the exchange of information.

     






     



     

The Summary of Collection Laws 
2006-2007

     

Valuing a Collection Agency in Today’s Hot M&A Market

by Michael Lamm
Associate, Strategic Advisory Group

We estimate that the total deal value in the ARM industry could hit an astonishing $3.5 billion this year – that’s over twice the total of last year’s all-time high of $1.7 billion! This M&A “perfect storm” has been driven by three converging forces: first, the economy is growing and debt levels are increasing; second, there are abundant sources of capital and cheap debt available to fund acquisitions; and third, there are too many financial and strategic buyers chasing too few deals. These forces have created a perfect opportunity for contingency collection agency owners with a compelling story to tell.

To read the complete article click here.

 

  


NL Member News

            


A Sound Business Practice, Auditing Your Collection Vendors

by Thom Majka
DebtNext Solutions, LLC

The collection industry is extremely competitive with a consistent marketing message coming from third party agencies and collection law firms:  “Do business with us because we have the best people, systems, technology and rates.”  The other area that is consistent with the marketing message is change.  The people, systems, technology and rates with third party collection vendors are always going through some type of change.

Millions of dollars of receivables are placed for collection every year with third party vendors, either agencies or collection attorneys.  These past due receivables come from different size companies and industries, all with the same needs, getting the best recovery and lowest contingent rate, to maximize net return.  Because of their impact on your cash flow, knowing as much information as possible about the third party vendors is a sound business practice.  Oftentimes, even the relatively simple process of establishing and documenting service levels expected from the third party vendor is overlooked.  The fire drill between the collection vendor and their customer usually begins when a compliance, rate, or service issue occurs.  Only then does someone look at the terms and conditions of the contract. 

To read the entire arcticle click here.


Special Offer for National List Members Only! 

Contact DebtNext and mention this advertisement to receive 15% off their services.
 
Call Tom Mijka at (216) 393-1961 and mention this special offer code NL17244.




Preparing Commercial Files for Litigation

by Rhett Frimet
Levy Diamond Bello & Associates LLC

Let's face it.  As a commercial agency, none of us wants to forward a file to local counsel unless absolutely necessary.  First, there may be the feeling of failure i.e. that the collector(s) could not, for whatever reason, get the job done.  The multitude of reasons for a file not being collected by an agency in house are simply too broad to explore here, so in the name of brevity, let us just presume that the decision was made by the agency and the client to forward the file.  Second, litigation can be a protracted process, regardless of the jurisdiction, the direct costs in maintaining that file generally increase due to communicating between and among local counsel, the client, and, sometimes, the law list.  Furthermore, the percentage of the overall fee attributable to the agency is a much smaller percentage than if the file was collected in-house.  However, we are in a service industry and our clients depend on us to follow every file through to its ultimate disposition.

To read the entire article click here.



           ******* P R E S S    R E L E A S E *******

Fair Isaac and ACC/YouveGotClaims Announce Partnership
December 11, 2006

Automated Collection Control, Inc. (acc), creator and owner of the service known industry-wide as YouveGotClaims, and Fair Isaac Corporation, the leading provider of analytics and decision management technology, today announce a partnership. The partnership is strategic to the collections and recovery markets, and will provide clients of either organization seamless access to leading collection and recovery products and services.

YouveGotClaims clients can now access a comprehensive set of collection and recovery services available on Fair Isaac’s ScoreNet network. For instance, YGC clients now have the ability to store, view and forward images of documents through ScoreNet’s Document Storage and Presentment service, while connecting to ScoreNet’s Debt Placement service gives users the ability to securely manage the transfer of data between credit grantors, collection agencies, attorneys, debt buyers and internal recovery departments. Other services offered through ScoreNet include Analytic services, Scoring services, Data Request services and ScoreNet’s Event-Based Trigger service.

Reciprocally, Fair Isaac’s collection and recovery clients can now access all YouveGotClaims services, including its industry-leading collection litigation tracking and management service. This will provide additional capabilities for managing, tracking and reporting on the status of collection claims assigned to attorneys.

“Being able to provide multiple services through one platform will help us be more effective in the delivery and maintenance of these services, and will dramatically reduce the current cost to clients of having to negotiate each type of service individually” says Rob Fite, Fair Isaac Client Service Partner.

Warren S. Rosenfeld, President and General Counsel of Automated Collection Control, Inc., states that “This partnership, between respected industry leaders, will be a great gain for collection and recovery organizations wanting better quality bundled services. We are excited about the partnership, and we are excited about the opportunity to do work with the litigation portfolios of many of Fair Isaac’s long-standing customers. We know that our customer base will respond eagerly to the news that they can now access document imaging services, scoring and analytics through their current and ongoing use of YouveGotClaims. We also look forward to working with organizations not now a customer of either company that want to realize greater efficiencies in their collection, recovery and litigation operations.”

ABOUT AUTOMATED COLLECTION CONTROL, INC.

Automated Collection Control, Inc. is privately held and is headquartered in Montville, New Jersey, with additional offices in the Washington, D.C. and Phoenix metropolitan areas.  Its YouveGotClaims service is used by many of the leading debt buyers, collection agencies, and law firms in the country. The service electronically delivers new collection claims to an unlimited number of law firms and other service providers, and then allows the senders of the claims to track, manage and analyze both the collection portfolios and the vendors servicing those portfolios. Approximately 150,000 new collection claims each month are currently distributed to law firms and other service providers over the YGC format. Approximately 5 million open and ongoing cases are tracked and managed monthly using YouveGotClaims, with debt owners also analyzing the productivity, activities and efficiency of the more than 400 law firms that are currently compliant with the YouveGotClaims format, product and service. In addition to its core YGC service, the company also has an attorney network consulting service. Founded in 2001, more can be learned about the company at www.YouveGotClaims.com.

ABOUT SCORENET NETWORK

ScoreNet network is Fair Isaac’s data and service provider platform solution and provides unparalleled access between partners and clients in the consumer credit collections and recovery industries. The network provides the ability to effectively manage and optimize the distribution of information across the transaction life cycle, and applies analytics and decisioning capabilities to make it easier for companies to automate and improve the most challenging decisions.

ABOUT FAIR ISAAC CORPORATION

Fair Isaac (NYSE: FIC) makes decisions smarter. The company’s solutions and technologies for Enterprise Decision Management give businesses the power to automate more processes, and apply more intelligence to every customer interaction. Through increasing the precision, consistency and agility of their decisions, Fair Isaac clients worldwide increase sales, build customer value, cut fraud losses, manage credit risk, reduce operational costs, meet changing compliance demands and enter new markets more profitably. Founded in 1956, Fair Isaac powers hundreds of billions of decisions per year in financial services, insurance, telecommunications, retail, consumer branded goods, healthcare and the public sector. Fair Isaac also helps millions of individuals manage their credit health through the www.myfico.com website. Visit Fair Isaac online at www.fairisaac.com.

Fair Isaac and ScoreNet are registered trademarks of Fair Isaac Corporation, in the United States and/or in other countries.

Further information about each company can be obtained by accessing www.fairisaac.com, scorenet.fairisaac.com and www.YouveGotClaims.com.



 Upcoming Events



  DBA International

 
Ocean of Opportunities
  DBA International 10th Annual Conference
  February 7-9, 2007
  The Mirage Casino-Hotel
  Las Vegas, NV







  National Association of Subrogation Professionals
  (NASP)

 
NASP 2007 Subrogation Litigation Skills Conference
  March 8-9, 2007
  Las Vegas, NV


This educational event is designed to provide training to enhance the litigation abilities of Subrogation Attorneys and provide insight for Litigation Managers.



   Credit and Collection News
   (CCN)

  CCN2-The 2nd Annual Credit and Collection News Conference
 
April 11-13, 2007
  JW Marriott 
  Palm Desert, CA


 Commercial Law League of America
  (CLLA)

  77th Annual Chicago Conference
  April 19-22, 2007
  
Westin Michigan Avenue Hotel
  Chicago, IL



  National Association of Retail Collection Attorneys
  (NARCA)

  2007 Spring Collection Conference
  May 9-11, 2007
  Caesar's Palace
  Las Vegas, NV


 

 
 
Newsletter
02/01/2006
 

The National List
of Attorneys
Quality Legal Referals
Since 1900


Volume 25 Issue 25 February 2006
 

Latest News...

The National List of Attorneys is now offering an electronic format (PDF) of our quarterly supplements.

Click here to download your copy of the NL January 2006 Supplement.

     


Executive Level Sales Outsourcing Services (ELSOS), Inc was the first sales outsourcing company dedicated for sales in the financial services marketplace.

     



MyDebtSales is The World's Online Marketplace, enabling debt sales and purchasing trade on a local, state, national and international basis.

     


Columbia Ultimate: Collections Software.
Client Care.

     



The Specialist in the Science and Art of Skip Tracing.

     



Since 1986, IAT has focused on helping collections-related call centers connect with debtors more productively and profitably.

     



Our next Q and A is on Skip Tracing Vendors.  Watch for it in our March 2006 newsletter.

     





     



Share your feedback with us on our newsletter.
Contact us at
(800) 227-1675 or
results@nationallist.com.


 

  

Our Newest Members |   www.nationallist.com  |  NL Buyers Guide


NL Member News

            


Subrogation and Purchase Programs
by Griff Williams, CPCU, SCLA


Historically, insurance carriers have initiated subrogation pursuit, making referrals to subrogation service providers and/or attorneys only when in-house efforts were not successful.  The current trend among many carriers is to refer (outsource) some or all new subrogation claims to service providers or attorneys.  Service providers essentially become the subrogation department for some carriers. 

The newest method of subrogation pursuit is the sale of subrogation rights on a claim by claim basis to a service provider by the carrier.  The purchaser then pursues subrogation at their discretion, including referral to legal counsel, when deemed appropriate.  Under almost all circumstances, the carrier does not need permission from the insured in order to sell subrogation rights.

Only a few service providers have an established program for the purchase of subrogation claims.  Auto, property, liability, and workers’ compensation claims are eligible for purchase.  Also eligible are liability claims of self-insured entities, which involve rights for recovery of uninsured loss.

Theories of recovery range from tort liability, product liability, statutory liability, and contractual liability to overpayment to policyholders, other applicable insurance, and second injury funds.  Common industry reference to all such types of recovery falls under the “subrogation umbrella”.

Latitude Claims Services has a Purchase Program which features a dollar purchase offer to carriers and self-insured entities, after analyzing all aspects of the recovery equation.  The offer is typically made following review of open and/or closed claim files.  Files may be purchased before subrogation pursuit has been initiated or at any time during the process.  Some of the files for which an offer is made may include a previous partial recovery, when potential for further recovery exists. 

Offers by service providers to purchase subrogation rights are designed to reflect the approximate net result the client may have ultimately realized via conventional pursuit methodology.  It is often advantageous for the client to receive a cash payment without the necessity to wait for the subrogation process time frame to run its course.  Sale of subrogation rights provides carriers and self-insured entities certainty in a very uncertain process.  Clients can apply the up front payment directly to their financial bottom line and close files early in the process.

After the purchase, subrogation pursuit is carried forth in a manner very similar to conventional subrogation.  The carrier or self-insured entity turn over their claim file to the purchaser.  When necessary, the purchaser conducts additional investigation before subrogation is pursued.   If voluntary payment is not made by potentially responsible parties, options for arbitration, mediation, and litigation will be considered.  As a member of Arbitration Forums, Inc., Latitude is allowed to file under their name as Applicant or Respondent on claims purchased from member carriers and member self-insured entities.

Sale of subrogation claims is often beneficial to policyholders of carrier clients.  After the sale, the carrier can refund the policyholder’s deductible, in whole or in part, in keeping with applicable law and their common practice.  The policyholder also has the option to pursue any uninsured loss, in tandem with the purchaser or on their own.

Retention of attorneys by a service provider is essentially the same on files purchased and conventional referral files, including compensation.  One obvious difference is that the carrier or self-insured entity is no longer a participating party.  Only the service provider and counsel are involved, unless the uninsured loss of a policyholder is included in the subrogation claim.

To date, the purchase option has not taken the industry by storm.  However, the practice is expanding among potential sellers because of the prospects for reduced risk of subrogation pursuit, reduced allocated recovery expenses, earlier receipt of money, and the possible reduction of in-house subrogation personnel.  Latitude has received favorable response from purchase clients, especially on claims which were previously closed without subrogation pursuit.  As the purchase option continues to expand and evolve, more and more attorneys will become involved in the process.

How can attorneys learn more about the purchase of subrogation claims?  Attorneys can contact carriers and subrogation service providers, in an effort to determine if they are involved with sale or purchase of subrogation rights, or contact this writer.  Attorneys can join The National Association of Subrogation Professionals (NASP).  For details, refer to the NASP Web site: www.subrogation.org.  A link to the NASP Web site is provided in The National List of Attorneys Web site.

Keep an eye out for a subrogation purchase program – it is worth a look. 

Griff Williams, CPCU, SCLA
Senior Subrogation Consultant
Latitude Claims Services
Bloomfield Hills, Michigan
www.latitudesubro.com
gwilliams@latitudesubro.com
877-454-3400



Upcoming Events


Credit and Collection News Conference
April 5-8, 2006
1st Annual Credit and Collection News Conference
Palm Desert, CA



2006 Spring Collection Conference
May18-20, 2006
Loews South Beach
Miami Beach FL

 
Newsletter
07/01/2006

The National List®
of Attorneys

Quality Legal Referrals Worldwide
Since 1900

Volume 30, Issue 30  July 2006
 


 

Coming Soon!

The 2006-2007 edition
of The National List® 
of Attorneys will be distributed by mid-August.  If you do not receive your complimentary copy, please email us at results@nationallist.com or call (800) 227-1675.

     




     





     




Columbia Ultimate: Collections Software.
Client Care.

     



     

The Summary of Collection Laws has
been updated for 2006-2007


     

Liquidation Rates Can be Higher
by John Pratt

Industry standards for liquidation rates can be very misleading, and more importantly, very low.

To read the full article click here.

  


NL Member News

            

National List Bond Leads The Industry

Effective July 15, 2006, claims forwarded and bonded through The National List® of Attorneys will be protected for up to $3,500,000.   No other law list directory offers more protection to forwarders of collection cases.

In recognition of our outstanding history, the bonding company, Great American Insurance, has agreed  to offer this additional coverage for our members. Now you have the best protection available every time
you forward a claim over The National List® of Attorneys.

 

Arbitration - A Primer
by Jonathan Gelber

There has been much hue and cry about arbitration, and its step-sister, mediation recently.  There is nothing new about these topics, they have been around for years.  The theory of arbitration is conceptually very simple.  One can delegate one’s contractual rights to justice and access to courts into an arbitral channel.  One’s case is heard before an arbitrator, or arbitrators instead of a court or jury.  After that, the arbitration ruling or award, if not paid or otherwise resolved, can then be confirmed and turned into a judgment by a  court.  In one sense this short circuits the courts.  In another sense, it does not entirely eliminate the need for the court system if the matter is not fully resolved within the framework of the arbitration, to mostly include payment.

Mediation is a completely different matter. Mediation allows a third neutral party to examine the rights, facts, issues and legal positions of two parties, and attempt to bring them into resolution.  If I were to walk into a room in which an arbitration was occurring and then next a mediation occurring, I might not know immediately which room held which proceeding.  However, the chief distinction is that mediation is not binding; it is merely a third party rendering advice as to how a case might go, and trying to resolve it based upon that.  Arbitration is the opposite, in that it is complete, final and binding.

To read the entire article, click here.




 Upcoming Events



  Commercial Law League of America
  (CLLA)

 
September 8, 2006  
  Western Region Meeting “Collections 2006”
  The Hilton Hotel
  Universal City, CA   

  November 9-12, 2006
  86th New York Meeting
  Sheraton New York Hotel & Towers



  National Association of Retail Collection Attorney
  (NARCA)

  2006 Fall Collection Conference
  October 19-21, 2006
  The Westin Kierland Resort & Spa
  Scottsdale, AZ




  Credit and Collection News
   (CCN)

  CCN2 - The 2nd Annual Credit and Collection News Conference
  April 11-13 2007, JW Marriott, Palm Desert, CA



 
“Opportunity from Challenges: Post Katrina Collections in the Gulf South” --  FREE WEBINAR
Sponsored by Babovich, Spedale, & Chauvin

During the rebuilding effort along the Gulf Coast, there will be over $2.3 billion in hospital reconstruction, nearly $1 billion in school reconstruction, and the restoration of over 300,000 homes.  In all, over $200 billion in new business will be generated.  At a very conservative default rate of 2.75%, there will be $5.5 billion in collection activity. Learn how to improve your collections. Discover your opportunities at a free webinar, sponsored by Babovich, Spedale, & Chauvin:  “Opportunity from Challenges: Post Katrina Collections in the Gulf South” on August 29 at 2:00 P.M. E.T./11:00 A.M. P.T.  Visit
www.gulfsouthopportunities.com for more information and to register.
 
Newsletter
06/01/2006
 

The National List®
of Attorneys

Quality Legal Referrals Worldwide
Since 1900

Volume 29, Issue 29  June 2006
 


 

Latest News....

The Summary of Collection Laws has
been updated!  Get your free copy today by 
clicking the "Summary of Collection Laws" button below and download them in PDF format.





     

CONGRATULATIONS!

Congratulations to Trish Cheney of Tucson, AZ!
Trish won a $50.00 Discover Gift Card
from The National List
of Attorneys by
completing a short survey we sent to all of
our forwarders regarding our website.

     



The business choice for current contact data, integrated search products and email marketing solutions.

     


     




MyDebtSales is The World's Online Marketplace, enabling debt sales and purchasing trade on a local, state, national and international basis.

     





Executive Level Sales Outsourcing Services (ELSOS), Inc was the first sales outsourcing company dedicated for sales in the financial services marketplace.


     



REMINDER: More collection agency licenses expire in June than any other month of the year.  Timely submission of your collection agency license renewal applications is critical.

     

The Role of Sellers, Resellers & Brokers in Debt Purchasing
by Tom Ferris

In the early 1990's, the concept of selling Judgments/Deficiencies/
Charge-Offs (JDCs) took off as a result of the now almost-forgotten savings and loan failures. One inside story was the hiring of Savings and Loan (S&L) employees by the Resolution Trust Corporation, which valued their knowledge of the failed institutions' assets, policies, procedures, customs, and practices. The RTC'S objective was an orderly liquidation of assets from failed institutions to solvent entities, which was achieved on behalf of approximately 735 failed S&Ls.

To read the full article click here.


  


NL Member News

            


COMMERCIAL DEBT COLLECTION IN MEXICO
by David Carlon, Legal Assistant
Wilcox Legal Group

Is your Mexican client having “cash flow problems”?  Alleging a dispute but refuses to pay the undisputed balance of her invoice(s)?  Has she stopped taking your calls?  What significant differences, other than the obvious of language and culture, does an American debt collector encounter in Mexico?  Is your DSO beyond the industry average?  This article provides a thumbnail sketch of debt collection and related litigation in Mexico,  “la cobranza judicial.”

Statute of Limitations

Pagaré (Mexican Promissory Note):  Domestic Mexican transaction is 3 years from maturity date.  There are limited exceptions.  Consult a Mexican attorney for specific counsel.

Retail within Mexico from date of last payment:  1 year

Commercial within Mexico from date of last payment:  10 years 

Retail and commercial international or cross-border transactions from date of last payment:  4 years

Fraud involving credit or purchase of goods:  If perpetrated within Mexico, 1 year from the time the victim becomes aware of the fraudulent act, or admission by the perpetrator; 2 years if fraud involves an international or cross-border transaction.

NSF Checks: 

· 6 months from date of rejection by the debtor’s bank (drawee) if the debtor (drawer) is located in Mexico and the debtor’s bank (drawee) is located out of the country.  Check must be presented to the debtor’s (drawer) bank (drawee) within 3 months (stale date).
· 1 month if both drawer and payee are located in Mexico but in different cities.
· 15 days if drawer and payee are located in Mexico and in the same city.

The Pagaré (Mexican Promissory Note)

Mexican law governing promissory notes is specific and unwavering.  Certain language and information must be contained in the pagaré to make it compliant with Mexican law and thusly, valid and enforceable throughout Mexico.  The pagaré must include:

· The word pagaré must be expressly contained within the instrument itself.  If the note must be enforced, the Mexican court will look for the word pagaré, not promissory note.

· The unconditional promise to pay a certain amount of money.  The denomination can be a foreign currency but the amount has to be specific.

· The name of the bearer or beneficiary has to be specific.  The beneficiary can be an individual or a company.

·  The time and place where the note is subscribed.  A pagaré will not be enforceable if either is missing.  If it’s executed (signed) in the USA, make sure to include a governing law clause stipulating that Mexican Law applies.  When in doubt, always include the clause.

· The original signature of the issuer of the pagaré.  An original signature provides for “expeditious” execution of prejudgment remedies.  A facsimile or copy machine signature can be pursued but the process is lengthy.  There are 2 basic proceedings used in collection litigation in Mexico:  Ordinary and executive proceedings.  An ordinary proceeding is used when a signed, original credit instrument or other title document “título ejecutivo” is missing.

· The time and place where payment is to be made*.  This is not required for validity of the note, but is extremely important should enforcement of the pagaré become necessary, as it establishes proper venue and jurisdiction.  There are certain Mexican states that pose greater political, bureaucratic, and resource risk for pre and post-judgment enforcement, and should always be avoided when possible.  If no specific domicile is detailed the location where the pagaré was issued will likely be the venue.  The instrument will considered payable upon demand if the date of payment is missing (maturity date).

· Draft the pagaré in Spanish and English*.  When possible draft the note in plain Spanish and English and accommodate both language versions in the same instrument. 

*Not required for validity but recommended.

To read the full story, click here.


Upcoming Events


NARCA
2006 Fall Collection Conference
October 19-21, 2006
The Westin Kierland Resort & Spa
Scottsdale, AZ


 

Happy 4th of July!
 
From all of us at
The National List of Attorneys























 
Newsletter
03/01/2006
 

The National List
of Attorneys
Quality Legal Referrals Worldwide
Since 1900

Volume 26, Issue 26 March 2006
 


Information Changes..

If your office has any changes such as company name, contact person, address, phone, phone extension, or fax please let us know at results@nationallist.com
.

We strive to keep our information as
up-to-date as possible!
 

     




Your source for information...worldwide.
 

     




  The business choice for current contact data, integrated search products and email marketing solutions.

     




Location information not available from any other source.


     



The Specialist in the Science and Art of Skip Tracing.

     

Looking for a reason to spend time in Chicago in the Spring time?
Look no further.
The Commercial Law League of America and the Midwest Region Members’ Association invite you to attend the 76th Chicago Meeting.

Read more about the 76th Chicago meeting.

     




     

Do you have an article you would like published in our newsletter? 
Let us know! 
Call (800) 227-1675 or email
results@nationallistcom.

     


 
The Collection Industry Standard for Electronic Data Delivery and Online Claims Management

     


Share your feedback with us on our newsletter.
Contact us at
(800) 227-1675 or
results@nationallist.com.

     


Watch for our upcoming Q & A on Debt Buying in our May 2006 newsletter!

  

Our Newest Members |   www.nationallist.com  |  NL Buyers Guide


NL Member News

            


Are you in need of a skip tracing solution?


Because of our position in the collection industry, our clients often contact us inquiring about available skip tracing solutions.  To assist those who are searching for skip tracing, we polled four leading skip tracing vendors (Asset Source International (ASI), DirectoryNET, Teletrack and VeriFacts) and posed the following questions:

1)  What should a company consider when searching for skip tracing solutions?

Asset Source International:  Probably the single most important consideration that needs to be made is whether the service provides raw data or verified results. Although both types of services operate under the catch-all name of “skip tracing”, database providers may return several different results among which may or may not be the actual contact information for a subject.  Click here to read more.

DirectoryNET: Successful collections can’t take place without first finding the missing debtors. Therefore accurate, current contact data should always be the number one concern.  After all, if the debtor is found using your first-level search solution, there’s no need to escalate to costlier second- or third-level solutions.  As such, your evaluation of providers should include questions about the solution’s data capabilities: Click here to read more.

Teletrack:  One essential key to collecting from the debtor is having location information that is accurate so that the collectors' time is effectively utilized.  Teletrack, the nations only sub-prime credit bureau, maintains a database of high-risk consumer information provided by businesses who do not report to traditional credit bureaus including payday loan and rent-to-own stores. Click here to read more.

VeriFacts:  Is the skip trace company going to provide information that will support your collection needs.  Do they have a license, carry proper insurance, and can they provide solid references.  In addition, make sure you understand what they will provide and if the information provided is verified to be accurate.

2)  What type of skip tracing solutions does your company offer?

Asset Source International: Asset Source International is a full-service skip tracing company. We provide 100% verified information and guarantee our work. Skip tracing is offered as a no hit-no fee service and our typical turnaround is 24 hours. At the client’s request, we will continue to work a file until a confirmation occurs or keep a file open for a designated period of time. Our goal is a simple one: make sure that our clients are satisfied by providing accurate, timely, and responsive results every time.

DirectoryNET:  DirectoryNET helps collectors find their debtors!  Our search solutions are all based on the most accurate and current contact data available, and provide a number of access options based upon the customer’s preference.  We offer voice, electronic, batch, XML, mainframe, SSN and much more, all enhanced with our proprietary search logic for proven results. 

Teletrack, Inc.:  Teletrack offers a batch based skip-tracing service.  Upon submitting the initial skip file, hits are returned as soon as the next day.  On-going information is supplied as these skips continue to shop within Teletrack's network of merchants.  Services are offered on a 100% contingency basis. 

VeriFacts, Inc.:  All residential information, which includes the telephone numbers and addresses of the consumer.  The place of employment, name, telephone number and address of the employer; asset information such as real estate verification, and information on bankruptcy filings, deceased notification and reported incarceration. Social searches are also available for those clients needing this service.  Our services will verify and guarantee the accuracy of all of this information.

3) How long has your company been providing skip tracing solutions?

Asset Source International:  ASI has been in existence since 1995.

DirectoryNET:  DirectoryNET was founded in 1990 as one of the charter companies in the electronic directory assistance industry.
 
Teletrack, Inc.:  Teletrack, Inc. has been in business since 1989 providing risk assessment and decisioning services to lenders who specialize in doing business with sub-prime consumers.  In 1997, Teletrack expanded the scope of our offering and began to leverage our data in order to provide skip-tracing services to debt buyers, collection departments, law firms and original creditors.

VeriFacts, Inc.:  20 Years

4)  Where do you see the future is headed for skip tracers?

Asset Source International: Skip tracing is becoming both simpler and more complex as we continue to move forward with technology. There are more data sources available today than ever before, which makes it easy to get raw data; however, subjects are also more transient than ever before.  Click here to read more.

DirectoryNET:  First, we believe that consumer privacy concerns will continue to factor heavily into collection operations.  It will become even more critical to be sure that your provider of choice incorporates the highest standards of security, compliance and professional integrity in its solutions.  Managing these concerns requires a substantial investment, which will probably force some of the smaller collection entities out of business.  Click here to read more.

Teletrack:  Increased competition within the industry will force skip-tracers to seek out unique sources of information.  With so many data providers, it is important for skip-tracers to identify the most accurate, current information on skips in their portfolio.  Teletrack provides companies with a critical advantage including real-time data from sub-prime merchants. Click here to read more.

VeriFacts:  Professional representation of a client is a must!  No tactics should ever be engaged that are deceptive. The skip trace companies that do not comply with FDCPA will disappear, which is a good thing for this industry.  All processes need to comply with GLB, FDCPA, FTC and FCC regulations. Click here to read more.


Upcoming Events


Credit and Collection News Conference
April 5-8, 2006
1st Annual Credit and Collection News Conference
Palm Desert, CA



76th Chicago Meeting
April 27, 2006 - April 30, 2006
Westin Michigan Avenue Hotel
Chicago, IL




2006 Spring Collection Conference
May 18-20, 2006
Loews South Beach
Miami Beach FL


 
Newsletter
05/01/2006
 

The National List
of Attorneys
Quality Legal Referrals Worldwide
Since 1900

Volume 28, Issue 28  May 2006
 



Latest News....

Do you or your client have hundreds or thousands of accounts that are deemed uncollectable or un-suit worthy?  Are those accounts just sitting there costing you or your client money?  The National List of Attorneys has a solution for you!  We are working with a  highly regarded specialist in salvage claims nationwide and they are willing and ready to work for you on a contingency fee basis!  

To learn more, please call us at (800) 227-1675 and ask about our vendor specializing in salvage claims!

     


  Location information not available from any other source.

     




 

     



Communication Solutions Focused on Collections

     

Debt Purchasing for Collection Agencies

A conversation with debt purchasing experts on the challenges facing agencies looking to get into debt purchasing.

With debt purchasing getting a lot of talk everywhere (this site included), a lot of collection agency owners and managers asked us for information on how to get started in the world of debt buying. To that end, we assembled a panel of debt purchasers that have a connection to transitioning from a contingency-only shop to one with full debt purchasing capabilities.

Moderating the discussion was Patrick Lunsford, Editor of CollectionIndustry.com

To read the full article click here.

  

Our Newest Members |   www.nationallist.com  |  NL Buyers Guide


NL Member News

            


Bankruptcy Reform Update: Weltman, Weinberg & Reis’ Top 10 List of Things You Must Know

By: Alan Hochheiser, Esquire

As you are all aware, the new bankruptcy legislation has been in effect since October 17, 2005.  Prior to October 17th, we saw a record number of filings.  During the month of September, approximately 9,000 new files a day were filed nationally.  In the Northern District of Ohio, from October 7-10, 6,500 cases were filed.  Prior to September, the Northern District of Ohio was averaging 4,000 filings a month.  In 2005, over two million consumer bankruptcies were filed in the United States.  Debtors rushed to file their cases so that they would not have to deal with the new requirements.  Here are the things every creditor must still remember:   

1. The current bankruptcy law still remains in effect for all cases filed prior to October 17th.  Creditors must continue to use existing forms on these cases.  On Chapter 13 cases, we could be dealing with the current law for the next five years. 

2. Dockets are finally slowing down.  However, through the month of March dockets were very full due to the tremendous increase in the number of filings prior to October 17th.  First Meetings did not occur for up to 75 days. 

3. Some delays in scheduling First Meetings still exist; remember that you may still be able to proceed with Relief from Stay Motions and Reaffirmation Agreements.  Your collateral will continue to depreciate. 

4. First Day Motions on cases filed after October 17th continue to be filed.  It will be necessary to review and react to these motions.  Failure to timely respond to a motion may severely affect your rights in the case.  Be sure to get the motions to counsel as quickly as possible.  Some courts have granted motions where no response has been filed.  On the other hand, courts have denied motions in part as it pertains to only Creditors who object. 

5. On cases where the Automatic Stay is not in place where there have been two prior dismissals within one year, emergency telephonic hearings and expedited in Court hearings have been taking place. Courts remain very concerned about creditors getting proper notice. 

6. Timely file Proof of Claims.  In order to be assured of adequate protection on secured accounts, Proof of Claims may need to be filed prior to any pre-confirmation disbursement.  In any event, Proof of Claims must be filed prior to the claim deadline. 

7. Review all plans carefully.  There are many new provisions that will affect your rights.  Timely objections will be required; otherwise your rights will be locked in according to the plan at confirmation. 

8. Non-dischargeable issues in Chapter 13’s are starting to play out.  Make sure objections are filed along with the Adversary Proceedings.  This will insure that the Creditor’s rights are protected. 

9. This continues to be a learning process.  We are still not sure how Courts, Trustees and Debtor’s counsel will act under the new law.  As we review more and more cases and situations, we will pass along new information.  Be sure to ask questions.  We will all be dealing with new situations and a failure to act may waive your rights.  Rulings by the courts, which have been rendered, differ from Judge to Judge in the same jurisdiction. 

10. Don’t panic.  Law firms will work with their clients to enable a smooth transition under the new law and to continue to protect their clients’ interests. 


Alan C. Hochheiser is the Partner managing WWR's (Weltman, Weinberg & Reis Co., L.P.A.) Bankruptcy department. He is located in the Brooklyn Heights operations center. He can be reached at (216) 739-5649 or ahochheiser@weltman.com.  

 


Upcoming Events



2006 Spring Collection Conference
May 18-20, 2006
Loews South Beach
Miami Beach FL








            


 



 

 
Newsletter
11/01/2006
 

The National List®
of Attorneys

Quality Legal Referrals Worldwide
Since 1900

Volume 34, Issue 34  November 2006
 



  Holiday Hours
for NL


Our offices will be closed on November 23rd & 24th for Thanksgiving. 

We will reopen Monday, November 27th at 8:00 a.m. CST.

Happy Thanksgiving!

     


     





Contact Center Solutions
Our Passion, Your Future

 

     




Protect your claim(s) with our new $3.5 Million Insurance bond! 

Click the link above to see our User Benefits.

     





The NASP mission is to enhance the stature and effectiveness of subrogation and recovery professionals through education, training and the exchange of information.

     




The business choice for current contact data, integrated search products and email marketing solutions.

     



     

The Summary of Collection Laws 
2006-2007


     

Healthcare Numbers – from $129 Billion to 3

By Paul Legrady
Director, Research Group


Receivables management is all about numbers, particularly in the healthcare industry. Healthcare providers measure delinquency rates, “days sales outstanding,” allowances for doubtful accounts, bad debt expenses, recovery rates, contingency fees, net back, and a host of other figures. 
  
To read the complete article click here.

 

  


NL Member News

            


Have you considered a predictive dialer system?

The massive increase in consumer debt collection has led to a need for technology that speeds up the collection process and provides efficient communication.  A predictive dialer does just that. To learn more about how this technology can increase collection productivity we contacted two leading vendors and questioned them about their products and services.

You can also click on each vendors name below to view all of their responses.

Information Access Technology (IAT)TouchStar Software Corporation


Special Offer for National List Members Only! 

Contact IAT before December 15, 2006 and mention this advertisement to receive significant savings on product and services.  Receive 20% off site-premised dialer or 25% off web based solutions. 
Call  (800) 574-8801 and mention this special offer code NL12822!


1. What should a collection agency, law firm or debt buyer consider when purchasing a predictive dialer?   

     To view the responses click here.

2. What are the benefits of using your application vs. another one?

     To view the responses
click here.

3. What software applications does your predictive dialer integrate with?

      To view the responses click here.

4. What can you expect on your return of investment?

      To view the responses click here.

5. What tools does the system provide to monitor and track performances?

     To view the responses click here.

6. What product enhancements have been made recently in response to user requests?

    To view the responses click here.

7. What system features allow you to make the most cost-effective use of your telephony resource?

     To view the responses
click here.

8. What system features enhance agent productivity?

     To view the responses
click here.

9. What features does the predictive dialer incorporate to adhere to the FDCPA?

     To view the responses
click here.




 Upcoming Events



  DBA International

 
Ocean of Opportunities
  DBA International 10th Annual Conference
  February 7-9, 2007
  The Mirage Casino-Hotel
  Las Vegas, NV







  National Association of Subrogation Professionals
  (NASP)

 
NASP 2007 Subrogation Litigation Skills Conference
  March 8-9, 2007
  Las Vegas, NV


This educational event is designed to provide training to enhance the litigation abilities of Subrogation Attorneys and provide insight for Litigation Managers.



   Credit and Collection News
   (CCN)

  CCN2 - The 2nd Annual Credit and Collection News  onference
 
April 11-13, 2007
  JW Marriott 
  Palm Desert, CA


 Commercial Law League of America
  (CLLA)

  77th Annual Chicago Conference
  April 19-22, 2007
  
Westin Michigan Avenue Hotel
  Chicago, IL



  National Association of Retail Collection Attorneys
  (NARCA)

  2007 Spring Collection Conference
  May 9-11, 2007
  Caesar's Palace
  Las Vegas, NV


 

 
 
Newsletter
10/01/2006
 

The National List®
of Attorneys

Quality Legal Referrals Worldwide
Since 1900

Volume 33, Issue 33  October 2006
 



Congratulations!

We are pleased to announce the latest addition to The National List family. 

Beverly Unrath and husband Monte welcomed the birth of their daughter Allison on September 15th.  Beverly and Monte also have a son, Ethan, who is three.


We look forward to having Beverly back in the office on November 1st.


     




Protect your claim(s) with our new $3.5 Million Insurance bond! 

Click the link above to see our User Benefits.

     




     


     



     

The Summary of Collection Laws 
2006-2007


     


Mortgage Opportunities Knocking for ARM Companies

By Mike Ginsberg
President & CEO, Kaulkin Ginsberg

There are strong indications that mortgage delinquencies will increase significantly in the near future. As this occurs, some accounts receivable management companies – especially those servicing mortgage lenders – are well-positioned to benefit from this trend.

To read the full article click here.



  


NL Member News

            

GOOD NEWS FOR CREDITORS
U.S. Supreme Court’s Decisions on Interest Rates, Late Charges, and Over-limit Fees

By Attorney Kathleen T. Madigan
Reiner Reiner & Bendett, PC

Attorneys representing creditors and regularly engaging in litigation involving consumer debt collection know that often a debtor will argue in court that the late payment fee charged by a creditor in association with the collection of a credit card debt is unfair or illegal.  Another frequent claim by debtors is that certain fees or finance charges, which creditors are required to disclose, were not disclosed as required by law and are, therefore, illegal.  This article provides a brief analysis of the United States Supreme Court’s and other Federal Circuit Courts’ holdings regarding both issues.


In Smiley v. Citibank (South Dakota), N.A., 517 U.S. 735 (1996), a California credit card holder sued a South Dakota based bank, Citibank, regarding certain changes contained in Citibank’s monthly credit card statement issued to Smiley.  Ms. Smiley alleged that Citibank had charged late payment fees on her account that were illegal under the laws of California.  Citibank argued successfully that the credit card late payment fees constituted “interest” under the National Bank Act of 1864, 12 U.S.C. Section 85, and as long as the fees were lawful in the bank’s home state, they should be held valid in this case.  The Supreme Court in its analysis explained that Section 30 of the National Bank Act of 1864, Rev. Stat. Section 5197, as amended, 12 U.S.C. Section 85, provides that a national bank may charge its loan customers “interest at the rate allowed by the laws of the state … where the bank is located.”  The Court then cited Marquette National Bank of Minneapolis v. First of Omaha Service Corp., 439 U.S. 299 (1978), where the Supreme Court held that the National Bank Act authorized a national bank to charge all of its customers the highest rate allowable in the bank’s home state even though that rate may exceed the statutory cap in other states where its customers reside.  Further, in Smiley, the Court concluded that the statutory term “interest” encompasses late-payment fees.  The Court also held that Section 85 authorizes a national bank to charge late payment fees that are lawful in the bank’s home state, but prohibited in the states where the cardholders reside.

To read the entire article click here.


Human Resources: A Primer on Hiring and Firing

By: Michael J. Dougherty, Esquire
Weltman, Weinberg & Reis Co., L.P.A.

According to statistics published by the Bureau of Justice, there has been a 300% increase in the number of employment related lawsuits filed since the 1980’s.  Whether these cases are with or without merit, the cost of these lawsuits to employers is substantial.  Due to this increase in the number of filings, it is incumbent upon employers to make sure that they are familiar with the array of State and Federal laws that control the employment process. 

Two areas where many of these lawsuits have been brought are in the hiring and firing process.  Whether dealing with the hiring or firing of an employee there are certain constants that must be followed:

· You must have a policy in place that deals with how your organization goes about the hiring and firing process
· The policy must be in compliance with State and Federal law
· The policy must be applied consistently

If you have a policy in place that complies with State and Federal law, the failure to apply that policy consistently is a pitfall that befalls many employers.

To read the entire article click here.



 Upcoming Events



  Commercial Law League of America
  (CLLA)

  
November 9-12, 2006
  86th New York Meeting
  Sheraton New York Hotel & Towers



  Credit and Collection News
   (CCN)

  CCN2 - The 2nd Annual Credit and Collection News Conference
  April 11-13 2007, JW Marriott, Palm Desert, CA


 


  National Association of Retail Collection Attorneys
  (NARCA)

  2007 Spring Collection Conference
  May 9-11, 2007
  Caesar's Palace
  Las Vegas, NV

 
Newsletter
09/01/2006
 

The National List®
of Attorneys

Quality Legal Referrals Worldwide
Since 1900

Volume 32, Issue 32  September 2006
 



What's New....

We are pleased to announce a new column in our monthly eNewsletter titled 
"NL Member Announcements".  This feature will highlight NL firms that might have news such as new firm members, awards, or other noteworthy news.  Please submit your news to
info@nationallist.com to be included in our "NL Member Announcements" section. 


Please join us in welcoming Chelsey Legg to our Sales/Marketing team at The National List.  Chelsey looks forward to meeting you at the upcoming NARCA conference in Scottsdale, AZ.


     




Protect your claim(s) with our new $3.5 Million Insurance bond! 

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The Summary of Collection Laws 
2006-2007


     


Diagnosis Good for Healthcare ARM

By Paul Legrady

 
Bad debt may well be the healthcare industry’s most pressing problem. According to Kaulkin Ginsberg research, healthcare companies in the United States set aside $129 billion annually to cover bad debt. This is roughly 7 percent of the industry’s estimated $2 trillion in annual revenues – and more than double the industry’s average net profits of 3 percent! When asked, hospital executives consistently describe bad debt and related financial issues as their most pressing concerns. Also, it is rare for hospital companies to describe their financial performance without citing the negative effects of bad debt on company profitability. To put it simply, bad debt is a big and costly headache to healthcare providers.

To read the full article click here.



  


NL Member News

            

Discharge of Private Student Loans in Bankruptcy
by George L. Cohn

Effective October 17, 2005, 11 USC §523(a)(8) of the Bankruptcy Code was amended to include private student loans. The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) essentially made most private loans nondischargeable:
“A discharge ... does not discharge an individual debtor from any debt --
...
(8) unless excepting such debt from discharge under this paragraph would impose an undue hardship on the debtor and the debtor's dependents, for--
(A)
(i) an educational benefit overpayment or loan made, insured, or guaranteed by a governmental unit, or made under any program funded in whole or in part by a governmental unit or nonprofit institution; or
(ii) an obligation to repay funds received as an educational benefit, scholarship, or stipend; or
(B) any other educational loan that is a qualified education loan, as defined in section 221(d)(1) of the Internal Revenue Code of 1986, incurred by a debtor who is an individual;” [The Internal Revenue Code defines qualified education loans as any indebtedness incurred by the taxpayer solely to pay qualified higher education expenses.]

It no longer matters whether the loan is owed to a governmental, nonprofit or other institution. Unless a debtor files an adversary action in the bankruptcy, any debt incurred for an educational benefit, including private loans, is not discharged.

To read the full article click here.


Benefits of using Local Investigators and Process Servers
by Trent Carlyle


If your law firm is like most, you undoubtedly work on cases or with participants in cases that are not in your immediate area. When you need to have these people found or served with legal documents who do you turn to? Many law firms use their “local guy” or a nationwide company. This may be the easiest route, but is that really the best choice for you and your client?

There are quite a number of reasons why using process servers and investigators that are local to the service area are your best option.

1. Efficiency and Faster Service.
Local process servers and investigators know the ‘landscape’ of the area in which they will be working.  There is no need for them to acclimate to a town or city. It is also very likely the local process server or investigator has access to a network of professionals, including law enforcement, that can help expedite the process or help collect hard-to-obtain information.

2. Lower Costs. 
When you hire a national process server or your “local guy” to have court documents served out of town, they will generally forward these papers to a business within their network. In cases such as this, the company you hire will tack on a margin for managing the serve. This fee can range from $50 to $200 or more for a routine service. This gets much more expensive when multiple attempts, rush service and mileage comes in to play.

By hiring local, you can save your firm and your clients hundreds of dollars on routine service of process.

Not hiring a local investigator can cost you even more.  If you hire a national company or an investigator in your own area you may incur hotel bills, travel costs and incidental expenses for an out-of-town surveillance or investigation.  This can easily add up to thousands of dollars that are not directly related to the investigation.  It is likely that these extra costs can be mitigated by hiring local, experienced investigators.

3. Knowledge of Local Laws.
Each state (and even some cities and counties) have specific laws about process serving and investigations.  If the process server or investigator you hire is not familiar with the local rules, you could be putting your client’s case at risk. Qualified local process servers and investigators can diminish the possibilities of a case being affected by their services.  These individuals are most likely to know from past experience the pertinent laws they must abide by while working on your firm’s behalf.

4) Efficient Communication.
As mentioned earlier, when you hire a nationwide provider or “the local guy” your case is referred out to someone else.  You do not have immediate access to these individuals which can be an issue if you need to react to time–sensitive information.  When you break down the communication chain and work directly with the folks handling your case you are more likely to receive timely and accurate information.

Since local investigators and process servers can be such an asset to your company, it makes sense to use local professionals over nationwide forwarding companies. When you have cases that require out-of-town process service or investigations you can save time and money by hiring locally. Local experts provide more control over who is handling your case in the field, reduce costs and improve the efficiency in which your case is handled.

_ _ _ _ _ _ _ _

Trent Carlyle is co-founder of ServeNow.com and PInow.com. ServeNow.com is a local directory of qualified and experienced process servers. PInow.com is a directory of private investigators. Both online directories enable you to find qualified, experienced and pre-screened professionals anywhere in the United States or Worldwide. Additionally, you may reach them at (877) 737-8366 for personalized service.

This is a paid advertisement for ServeNow.com and PInow.com.



 Upcoming Events



  National Association of Retail Collection Attorneys
  (NARCA)

  2006 Fall Collection Conference
 
October 19-21, 2006
  The Westin Kierland Resort & Spa
  Scottsdale, AZ
 




  Commercial Law League of America
  (CLLA)

  
November 9-12, 2006
  86th New York Meeting
  Sheraton New York Hotel & Towers



  Credit and Collection News
   (CCN)

  CCN2 - The 2nd Annual Credit and Collection News Conference
  April 11-13 2007, JW Marriott, Palm Desert, CA


 

 
Newsletter
04/01/2007
 

The National List®
of Attorneys

Worldwide Legal Referals to the
Credit Industry Since 1900

Volume 39 Issue 39  April 2007
 



NL staff will be attending the upcoming NARCA - Las Vegas conference
May 9-11.

Hope to see you there!

     


     



     


     




For more than 16 years, CCC’s ADVISOR newsletter has worked alongside debt collectors in the U.S. and abroad – providing support, guidance, news, and hope to make it through their grueling days! Isn’t it time you put the ADVISOR to work for you? Visit www.ccc-advisor.com.

     




The NASP mission is to enhance the stature and effectiveness of subrogation and recovery professionals through education, training and the exchange of information.

 

     

The Summary of Collection Laws 
2006-2007


     



Facing the Budget Crunch: Municipalities Turn to ARM Firms

By Michael Klozotsky, Kaulkin Ginsberg Associate

While most companies in the ARM industry are well aware of the sizable federal and state contracts available to private collection firms and law offices, competition for relatively few placements can be intense.

To read the entire article, click here.

  

                                    
           

NL Member News

            


RECOVERING FROM UNINSURED MOTORISTS

by Patrick Clerkin, J.D., Clerkin & Sinclair, LLP
 
Nationally, the estimated percentage of uninsured motorists increased from 12.7% in 1999 to 14.6% in 2004. Uninsured Motorists, 2006 Edition, Insurance Research Council.  Why the increase?  One of the main reasons for the increase in uninsured motorists is the lack of consequences.  This article will briefly discuss ways subrogation professionals can increase their recovery dollars from uninsured motorists by creating both real and perceived consequences, and give some cost reduction steps to improve your bottom line.

Actual and perceived consequences.

One of the main reasons for the increase in uninsured motorists is the lack of perceived and actual consequences.  In order to maximize your recovery from uninsured motorists you must first create actual consequences. 

Actual Consequences

The actual consequences you can create for an uninsured motorist will vary depending on the state you live in.  The three most effective ways to recover from an uninsured motorist are wage garnishment, driver’s license suspension, and obtaining a judgment.

Wage Garnishment

We are all probably familiar with wage garnishment and its effectiveness if done properly and with vigilance.  If you obtain a judgment and can determine a judgment debtor’s place of work, then you can garnish his wages.  I would recommend you consult an attorney in the specific state for the most current rules and regulations on wage garnishment for that state.  Most states allow wage garnishment, however, certain states, like my beloved Texas, is a debtor friendly state and does not allow wage garnishment.  What other avenues are available to a subrogation professional? 

To view the complete article, click here.


Become a Debt Collection Master and Collect More Money Today
By Michelle Dunn

You may want to train yourself or your collectors or Credit manager for their debt collection tasks. Some areas that you or your staff may want training in are:

  • Developing a telephone voice
  • Refining Listening skills:
    • When you call a debtor and you state the reason for your call or ask a question, wait for them to answer. No matter how long the pause is, let them break the silence.
  • Managing the emotional side:
    • Debtors will get upset that you are calling them. They will cry, yell, swear and hang up on you. When a debtor starts telling you his life history of despair and how this affects why they cannot pay, you need to be able to have compassion for the situation but offer a solution to get the debt paid. Such as a payment plan or different options for payment.
  • Preparing the pre-call plan:
    • Before you ever make a collection call you need to research the account. Before you dial you need to know the invoice number, date, amount that is past due, how past due it is, the payment history, details of the order and if there were any disputed items. When the debtor asks you a question you need to answer immediately whenever possible. This shows the debtor that you are serious.

To view the complete article click here.


 
 Upcoming Events


  Commercial Law League of America
  (CLLA)

  77th Annual Chicago Conference
  April 19-22, 2007
  Westin Michigan Avenue Hotel
  Chicago, IL



  National Association of Retail Collection Attorneys
  (NARCA)

  2007 Spring Collection Conference
  May 9-11, 2007
  Caesar's Palace
  Las Vegas, NV