[CLC-Discussion] Texas Collection Agencies

Thu Jul 28 06:17:04 PDT 2016

Dan, the statute allows preparation by the lienor, an "employee" of the
lienor, or the lienor's attorney.  What you describe below is the unlicensed
practice of law by a notice company.

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: Dan Vega [mailto:DVega at tevtlaw.com] 
Sent: Thursday, July 28, 2016 8:22 AM
To: CHernicz at Herniczlegal.com
Cc: Wolf, Brian; Michael J. Kurzman; Alex Barthet; Arnold Tritt; Willis,
David; clc-discussion at lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Texas Collection Agencies

If the lien is defective, it is defective.  

Are you all saying that a secretary at a subcontractors office cannot
prepare the lien even though it is signed by the president of the sub? 

If a notice company prepares the lien form based on info provided by the
sub, and the sub president signs it, what is wrong w that? 

Sent from my iPhone 

Daniel R. Vega

Board Certified in Construction Law

Taylor Espino Vega & Touron, P.A. 

2555 Ponce De Leon Blvd., Suite 220

Coral Gables, Florida 33134

Telephone: (305) 443-2043

Facsimile: (305) 443-2048

Cell: (305) 962-5186

E-mail: dvega at tevtlaw.com 

On Jul 28, 2016, at 8:12 AM, Charles B. Hernicz, Esq
<CHernicz at Herniczlegal.com> wrote:

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

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954.769.5330 direct
954.524.6927 fax
 <mailto:bawolf at smithcurrie.com> bawolf at smithcurrie.com
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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

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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>; 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

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The Barthet Firm

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305-347-5295 

alex at barthet.com

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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

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The Barthet Firm

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