[CLC-Discussion] Texas Collection Agencies

Wed Jul 27 06:32:57 PDT 2016

Committee Members,

While the Texas collection agencies issue is interesting, a more important and pressing concern which we, as a committee, should be addressing is a matter to be lien law matter to be considered by the RPPTL Executive Council at the meetings this week in Palm Beach.

Although not on our committee’s agenda for our meeting, it is my understanding the Executive Council may be voting on (and likely approving for recommendation to The Florida Bar) support for revisions to the Construction Lien Law involving shortening the period and procedures in filing a Notice of Termination of a Notice of Commencement and proceeding with recommencement (Start/Stop Statute). Many of us aware of this proposed legislation believe it will adversely affect our client construction lien rights and recoveries. Accordingly, it should be a matter considered and voted upon by our Committee; however, I do not believe we (the CLC) have addressed the proposed legislation and it is not designated for discussion on our Committee’s Agenda for tomorrow’s meeting, but should be.

Regards,

Robert B. Worman
Worman & Sheffler, P.A.
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From: clc-discussion-bounces at lists.flabarrpptl.org [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Willis, David
Sent: Wednesday, July 27, 2016 8:36 AM
To: Alex Barthet <Alex at barthet.com>; clc-discussion at lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Texas Collection Agencies

I have heard similar stories.  Milton Myers went away when I returned the call.

David C. Willis
Board Certified in Construction Law and Business Litigation

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From: clc-discussion-bounces at lists.flabarrpptl.org<mailto:clc-discussion-bounces at lists.flabarrpptl.org> [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Alex Barthet
Sent: Wednesday, July 27, 2016 7:32 AM
To: clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org>
Subject: [CLC-Discussion] Texas Collection Agencies

Good morning all.  I am writing about an issue that I am seeing with increasing frequency.  The purpose of this email is to (i) alert the community of this practice, (ii) learn if others are hearing the same thing from their clients and (iii) see if folks smarter than me have any ideas how to deal with, or ideally, stop them.

Many of our clients that record liens are receiving unsolicited calls from collection agencies out of Texas, the two most common we are seeing are Tucker Albin and Assoc. (http://tuckeralbin.net/) and Milton Myers and Assoc. (http://www.mmatx.net/).  Obviously, they are getting the clients’ information by pulling the liens from the public records.

The problem is that they are making blatantly false statements such as they are working with others on the project and can guaranty payment if the client signs up, or they are representing several other lienors on the same project that are about the get paid and if the client signs up, he can get them paid now.  The reason I know these statements are false is because in the last two occasions that my clients received these calls, they were the only lienors on the projects and on both, I was already in contact with counsel for both the contractor and owner negotiating settlements.

I look forward to hearing from the group.

Regards,
Alex Barthet
Board Certified in Construction Law
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