[CLC-Discussion] Texas Collection Agencies

[Charles B. Hernicz, Esq]

I agree Brian.  Notice companies offer this and prepare liens all the time.  I’ve had to deal with numerous defective liens from notice companies.  This was outlawed in 713.08 in 2007, but it is not being policed or enforced.

 

Chuck

 

Charles B. Hernicz, Esq.
Board Certified in Construction Law by The Florida Bar           
Hernicz Legal Services, P.L.
15854 Bent Creek Road 
Wellington, FL 33414 
Telephone: (561) 753-7511 
Facsimile: (561) 753-7082 
Chernicz at HerniczLegal.com

 

 

 

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; 'Alex Barthet'; Arnold Tritt; Willis, David; 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
101 N.E. Third Avenue, Suite 1910
Fort Lauderdale, FL  33301
954.769.5330 direct
954.524.6927 fax
 <mailto:bawolf at smithcurrie.com> bawolf at smithcurrie.com
 <http://www.smithcurrie.com/> www.smithcurrie.com 

 

From: 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
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] On Behalf Of Alex Barthet
Sent: Wednesday, July 27, 2016 9:13 AM
To: Arnold Tritt; Willis, David; 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

 <http://thelienzone.com/> TheLienZone Construction Law Blog

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

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: Arnold Tritt [mailto:arnold.tritt at atritt.com] 
Sent: Wednesday, July 27, 2016 9:05 AM
To: Alex Barthet <Alex at barthet.com>; Willis, David <dwillis at rumberger.com>; 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] On Behalf Of Alex Barthet
Sent: Wednesday, July 27, 2016 8:43 AM
To: Willis, David <dwillis at rumberger.com>; 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

 <http://thelienzone.com/> TheLienZone Construction Law Blog

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

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>; 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] On Behalf Of Alex Barthet
Sent: Wednesday, July 27, 2016 7:32 AM
To: 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

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
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