[CLC-Discussion] Texas Collection Agencies

[Robert Worman]

Brian,

I absolutely agree.  It is the unlicensed practice of law and we come up against this a number of times each year. There are 2 (or 3) Supreme Court opinions addressing this problem but alas it has been my experience many of the lesser established NTO service companies either are ignorant or choose to ignore the law, even after I have attempted to explain it to them.

Regards,

Robert B. Worman
Worman & Sheffler, P.A.
2707 West Fairbanks Avenue
Suite 200
Winter Park, FL 32789
407 843-5353
rworman at wormanlaw.com<mailto:rworman at wormanlaw.com>
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From: clc-discussion-bounces at lists.flabarrpptl.org [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Wolf, Brian
Sent: Wednesday, July 27, 2016 10:08 AM
To: Michael J. Kurzman <MKurzman at wsh-law.com>; 'Alex Barthet' <Alex at barthet.com>; Arnold Tritt <arnold.tritt at atritt.com>; Willis, David <dwillis at rumberger.com>; clc-discussion at lists.flabarrpptl.org
Subject: [CLC-Discussion] Texas Collection Agencies

If the committee is going to address this issue, the committee should also address the larger problem of “lien notice services” offering to prepare claims of lien.

Brian A. Wolf
Partner
Board Certified Construction Attorney
[Description: 937541415 at 12062009-0C8D][cid:image003.jpg at 01D1E7F3.21ACFFB0]
101 N.E. Third Avenue, Suite 1910
Fort Lauderdale, FL  33301
954.769.5330 direct
954.524.6927 fax
bawolf at smithcurrie.com<mailto:bawolf at smithcurrie.com>
www.smithcurrie.com<http://www.smithcurrie.com/> [cid:image005.png at 01D1E7F3.21ACFFB0] [cid:image005.png at 01D1E7F3.21ACFFB0]

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 Michael J. Kurzman
Sent: Wednesday, July 27, 2016 9:34 AM
To: 'Alex Barthet'; Arnold Tritt; Willis, David; clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org>
Subject: Re: [CLC-Discussion] Texas Collection Agencies

Perhaps a letter to the Florida Attorney General’s office to see if they are interested in looking into the matter?

It seems to me that if you can show they are using false and misleading information, the Attorney General may be interested…

Michael J Kurzman, Esq.
Florida Bar Certified In Construction Law
Weiss Serota Helfman Cole & Bierman
200 East Broward Boulevard - Suite 1900
Ft. Lauderdale, Florida 33301
954 763 4242

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 9:13 AM
To: Arnold Tritt; Willis, David; clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org>
Subject: Re: [CLC-Discussion] Texas Collection Agencies

Arnie – I can’t argue with your logic about Grade A clients.  Grade B clients help pay the bills and may be susceptible.  Grade C clients, good riddance.

That said, as officers of the court knowing that they are fraudulently inducing those in the construction industry to hire them with false promises, if there is something we can do, we probably should.

Regards,
Alex Barthet
Board Certified in Construction Law
TheLienZone Construction Law Blog<http://thelienzone.com/>
vCard<http://barthet.com/Wordpress-Site/wp-content/uploads/2013/01/alexander-e-barthet.vcf> | Biography<http://barthet.com/team/alexander-barthet/alexander-barthet-full-bio/>

The Barthet Firm
200 S. Biscayne Blvd., Suite 1800
Miami, Florida 33131
305-347-5295
alex at barthet.com<mailto:alex at barthet.com>
www.barthet.com<http://www.barthet.com/>

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From: Arnold Tritt [mailto:arnold.tritt at atritt.com]
Sent: Wednesday, July 27, 2016 9:05 AM
To: Alex Barthet <Alex at barthet.com<mailto:Alex at barthet.com>>; Willis, David <dwillis at rumberger.com<mailto:dwillis at rumberger.com>>; clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org>
Subject: RE: Texas Collection Agencies

MUCH TO DO ABOUT NOTHING.  Grade A business / construction clients don’t forsake their relationship with their legal counsel and engage an out-of-state collection agency to collect on a Claim of Lien based on a phone solicitation any more than Grade A business / construction clients engage an attorney in response to a radio spot.  The Texas boys have been at it for years and your Grade A clients will always call you when they are contacted by such folks. If your client was ever to be duped by such tactics it was not Grade A and should be dropped and referred to your competition.  Just my thoughts.  Arnie.

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 8:43 AM
To: Willis, David <dwillis at rumberger.com<mailto:dwillis at rumberger.com>>; clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org>
Subject: Re: [CLC-Discussion] Texas Collection Agencies

David - I have tried to call on numerous occasions after they call my clients and they never call me back.  Once they know a lawyer is involved, they seem to duck back into the shadows.

Regards,
Alex Barthet
Board Certified in Construction Law
TheLienZone Construction Law Blog<http://thelienzone.com/>
vCard<http://barthet.com/Wordpress-Site/wp-content/uploads/2013/01/alexander-e-barthet.vcf> | Biography<http://barthet.com/team/alexander-barthet/alexander-barthet-full-bio/>

The Barthet Firm
200 S. Biscayne Blvd., Suite 1800
Miami, Florida 33131
305-347-5295
alex at barthet.com<mailto:alex at barthet.com>
www.barthet.com<http://www.barthet.com/>

This electronic communication may contain privileged, confidential, or proprietary information.  If you are not the intended recipient or an authorized agent of the intended recipient, please delete this communication and notify the sender.  Thank you.

From: Willis, David [mailto:dwillis at rumberger.com]
Sent: Wednesday, July 27, 2016 8:36 AM
To: Alex Barthet <Alex at barthet.com<mailto:Alex at barthet.com>>; clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org>
Subject: RE: 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
vCard<http://barthet.com/Wordpress-Site/wp-content/uploads/2013/01/alexander-e-barthet.vcf> | Biography<http://barthet.com/team/alexander-barthet/alexander-barthet-full-bio/>

The Barthet Firm
200 S. Biscayne Blvd., Suite 1800
Miami, Florida 33131
305-347-5295
alex at barthet.com<mailto:alex at barthet.com>
www.barthet.com<http://www.barthet.com/>

This electronic communication may contain privileged, confidential, or proprietary information.  If you are not the intended recipient or an authorized agent of the intended recipient, please delete this communication and notify the sender.  Thank you.


Michael Kurzman
Partner, Florida Bar Certified in Construction Law

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