Texas Collection Agencies
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@wormanlaw.commailto:rworman@wormanlaw.com
NOTICE:
THIS E-MAIL MESSAGE AND ANY ATTACHMENT TO THIS E-MAIL MESSAGE CONTAINS CONFIDENTIAL INFORMATION THAT MAY BE LEGALLY PRIVILEGED. IF YOU ARE NOT THE INTENDED RECIPIENT, YOU MUST NOT REVIEW, RETRANSMIT, CONVERT TO HARD COPY, COPY, USE OR DISSEMINATE THIS E-MAIL OR ANY ATTACHMENT TO IT. IF YOU HAVE RECEIVED THIS E-MAIL IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY RETURN E-MAIL OR BY TELEPHONE AT 407-843-5353 AND DELETE THIS MESSAGE. PLEASE NOTE THAT IF THIS E-MAIL MESSAGE CONTAINS A FORWARDED MESSAGE OR IS A REPLY TO A PRIOR MESSAGE, SOME OR ALL OF THE CONTENTS OF THIS MESSAGE OR ANY ATTACHMENTS MAY NOT HAVE BEEN PRODUCED BY WORMAN & SHEFFLER, P.A.
TAX ADVICE DISCLOSURE: TO ENSURE COMPLIANCE WITH REQUIREMENTS IMPOSED BY THE IRS UNDER CIRCULAR 230, WE INFORM YOU THAT ANY U.S. FEDERAL TAX ADVICE CONTAINED IN THIS COMMUNICATION (INCLUDING ANY ATTACHMENTS), UNLESS OTHERWISE SPECIFICALLY STATED, WAS NOT INTENDED TO BE USED, AND CANNOT BE USED, FOR THE PURPOSES OF (1) AVOIDING PENALTIES UNDER THE INTERNAL REVENUE CODE OR (2) PROMOTING, MARKETING OR RECOMMENDING TO ANOTHER PARTY ANY MATTERS ADDRESSED HEREIN.
PLEASE BE ADVISED THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION PROVIDED WILL BE USED FOR THAT PURPOSE.
From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Wolf, Brian
Sent: Wednesday, July 27, 2016 10:08 AM
To: Michael J. Kurzman MKurzman@wsh-law.com; 'Alex Barthet' Alex@barthet.com; Arnold Tritt arnold.tritt@atritt.com; Willis, David dwillis@rumberger.com; clc-discussion@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@12062009-0C8D][cid:image003.jpg@01D1E7F3.21ACFFB0]
101 N.E. Third Avenue, Suite 1910
Fort Lauderdale, FL 33301
954.769.5330 direct
954.524.6927 fax
bawolf@smithcurrie.commailto:bawolf@smithcurrie.com
www.smithcurrie.comhttp://www.smithcurrie.com/ [cid:image005.png@01D1E7F3.21ACFFB0] [cid:image005.png@01D1E7F3.21ACFFB0]
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@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@lists.flabarrpptl.orgmailto:clc-discussion@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@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Alex Barthet
Sent: Wednesday, July 27, 2016 9:13 AM
To: Arnold Tritt; Willis, David; clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@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 Bloghttp://thelienzone.com/
vCardhttp://barthet.com/Wordpress-Site/wp-content/uploads/2013/01/alexander-e-barthet.vcf | Biographyhttp://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@barthet.commailto:alex@barthet.com
www.barthet.comhttp://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@atritt.com]
Sent: Wednesday, July 27, 2016 9:05 AM
To: Alex Barthet <Alex@barthet.commailto:Alex@barthet.com>; Willis, David <dwillis@rumberger.commailto:dwillis@rumberger.com>; clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@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@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Alex Barthet
Sent: Wednesday, July 27, 2016 8:43 AM
To: Willis, David <dwillis@rumberger.commailto:dwillis@rumberger.com>; clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@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 Bloghttp://thelienzone.com/
vCardhttp://barthet.com/Wordpress-Site/wp-content/uploads/2013/01/alexander-e-barthet.vcf | Biographyhttp://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@barthet.commailto:alex@barthet.com
www.barthet.comhttp://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@rumberger.com]
Sent: Wednesday, July 27, 2016 8:36 AM
To: Alex Barthet <Alex@barthet.commailto:Alex@barthet.com>; clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@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
[Image removed by sender.]http://www.rumberger.com
Direct: 407.839.2186
Main: 407.872.7300
Cell: 407.497.9174
Email: dwillis@rumberger.commailto:dwillis@rumberger.com
vCardhttp://www.rumberger.com/90F6E0/assets/files/vcards/David%20Willis.vcf
[Image removed by sender. vCard]http://www.rumberger.com/90F6E0/assets/files/vcards/David%20Willis.vcf[Image removed by sender. LinkedIn]https://www.linkedin.com/company/rumberger-kirk-&-caldwell[Image removed by sender. Twitter]https://twitter.com/rumbergerkirk[Image removed by sender. Facebook]https://www.facebook.com/rumbergerkirkcaldwell[Image removed by sender. Orlando Office]https://goo.gl/maps/637GK
300 South Orange Avenue | Suite 1400 | Orlando, FL 32801
Mail To: P.O. Box 1873 | Orlando, FL 32802-1873
The information in this e-mail message is legally privileged and confidential information. If you have received this e-mail in error, please delete from any device/media where the message is stored.
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Alex Barthet
Sent: Wednesday, July 27, 2016 7:32 AM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@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
vCardhttp://barthet.com/Wordpress-Site/wp-content/uploads/2013/01/alexander-e-barthet.vcf | Biographyhttp://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@barthet.commailto:alex@barthet.com
www.barthet.comhttp://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
[Logo]
| Fort Lauderdale, FL 33301
P: (954) 763-4242 F: (954) 764-7770 wsh-law.comhttp://www.wsh-law.com | vCardhttp://www.wsh-law.com/attorneys-vcards.php
[http://www.wsh-law.com/images/email-twitter.jpg]http://twitter.com/Wsh_Law [http://www.wsh-law.com/images/email-linkedin.jpg] http://www.linkedin.com/company/weiss-serota-helfman-pastoriza-cole-&-boniske-p.l. [http://www.wsh-law.com/images/email-facebook.jpg] http://www.facebook.com/pages/Weiss-Serota-Helfman-Pastoriza-Cole-Boniske-PL/259464460734365
THINK BEFORE YOU PRINT
This message, together with any attachments, is intended only for the addressee. It may contain information which is legally privileged, confidential and exempt from disclosure. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, use, or any action or reliance on this communication is strictly prohibited. If you have received this e-mail in error, please notify the sender immediately by telephone (954) 763-4242 or by return e-mail and delete the message, along with any attachments.
Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.
Thank you Robert and Brian.
I’ve spoken to Sanjay Kurian, the chair of our legislative subcommittee, and this will be added to the list of potential legislation currently being discussed and/or reviewed by that subcommittee.
Regards,
Scott
Scott P. Pence | Carlton Fields
Board Certified in Construction Law by The Florida Bar
Direct: 813.229.4322 | Fax: 813.229.4133
4221 W. Boy Scout Blvd., Ste. 1000
Tampa, Florida 33607-5780
biohttp://www.cfjblaw.com/spence/ | vcardhttp://www.cfjblaw.com/FCWSite/Features/_Attorneys/vCard.aspx?attorney=7 | linkedinhttp://www.linkedin.com/in/pencescott
From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Robert Worman
Sent: Wednesday, July 27, 2016 10:39 AM
To: Wolf, Brian; Michael J. Kurzman; 'Alex Barthet'; Arnold Tritt; Willis, David; clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Texas Collection Agencies
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@wormanlaw.commailto:rworman@wormanlaw.com
NOTICE:
THIS E-MAIL MESSAGE AND ANY ATTACHMENT TO THIS E-MAIL MESSAGE CONTAINS CONFIDENTIAL INFORMATION THAT MAY BE LEGALLY PRIVILEGED. IF YOU ARE NOT THE INTENDED RECIPIENT, YOU MUST NOT REVIEW, RETRANSMIT, CONVERT TO HARD COPY, COPY, USE OR DISSEMINATE THIS E-MAIL OR ANY ATTACHMENT TO IT. IF YOU HAVE RECEIVED THIS E-MAIL IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY RETURN E-MAIL OR BY TELEPHONE AT 407-843-5353 AND DELETE THIS MESSAGE. PLEASE NOTE THAT IF THIS E-MAIL MESSAGE CONTAINS A FORWARDED MESSAGE OR IS A REPLY TO A PRIOR MESSAGE, SOME OR ALL OF THE CONTENTS OF THIS MESSAGE OR ANY ATTACHMENTS MAY NOT HAVE BEEN PRODUCED BY WORMAN & SHEFFLER, P.A.
TAX ADVICE DISCLOSURE: TO ENSURE COMPLIANCE WITH REQUIREMENTS IMPOSED BY THE IRS UNDER CIRCULAR 230, WE INFORM YOU THAT ANY U.S. FEDERAL TAX ADVICE CONTAINED IN THIS COMMUNICATION (INCLUDING ANY ATTACHMENTS), UNLESS OTHERWISE SPECIFICALLY STATED, WAS NOT INTENDED TO BE USED, AND CANNOT BE USED, FOR THE PURPOSES OF (1) AVOIDING PENALTIES UNDER THE INTERNAL REVENUE CODE OR (2) PROMOTING, MARKETING OR RECOMMENDING TO ANOTHER PARTY ANY MATTERS ADDRESSED HEREIN.
PLEASE BE ADVISED THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION PROVIDED WILL BE USED FOR THAT PURPOSE.
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Wolf, Brian
Sent: Wednesday, July 27, 2016 10:08 AM
To: Michael J. Kurzman <MKurzman@wsh-law.commailto:MKurzman@wsh-law.com>; 'Alex Barthet' <Alex@barthet.commailto:Alex@barthet.com>; Arnold Tritt <arnold.tritt@atritt.commailto:arnold.tritt@atritt.com>; Willis, David <dwillis@rumberger.commailto:dwillis@rumberger.com>; clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@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@12062009-0C8D][cid:image006.jpg@01D1E7FA.67E00570]
101 N.E. Third Avenue, Suite 1910
Fort Lauderdale, FL 33301
954.769.5330 direct
954.524.6927 fax
bawolf@smithcurrie.commailto:bawolf@smithcurrie.com
www.smithcurrie.comhttp://www.smithcurrie.com/ [cid:image010.png@01D1E7FA.67E00570] [cid:image010.png@01D1E7FA.67E00570]
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@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@lists.flabarrpptl.orgmailto:clc-discussion@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@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Alex Barthet
Sent: Wednesday, July 27, 2016 9:13 AM
To: Arnold Tritt; Willis, David; clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@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 Bloghttp://thelienzone.com/
vCardhttp://barthet.com/Wordpress-Site/wp-content/uploads/2013/01/alexander-e-barthet.vcf | Biographyhttp://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@barthet.commailto:alex@barthet.com
www.barthet.comhttp://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@atritt.com]
Sent: Wednesday, July 27, 2016 9:05 AM
To: Alex Barthet <Alex@barthet.commailto:Alex@barthet.com>; Willis, David <dwillis@rumberger.commailto:dwillis@rumberger.com>; clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@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@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Alex Barthet
Sent: Wednesday, July 27, 2016 8:43 AM
To: Willis, David <dwillis@rumberger.commailto:dwillis@rumberger.com>; clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@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 Bloghttp://thelienzone.com/
vCardhttp://barthet.com/Wordpress-Site/wp-content/uploads/2013/01/alexander-e-barthet.vcf | Biographyhttp://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@barthet.commailto:alex@barthet.com
www.barthet.comhttp://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@rumberger.com]
Sent: Wednesday, July 27, 2016 8:36 AM
To: Alex Barthet <Alex@barthet.commailto:Alex@barthet.com>; clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@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
[Image removed by sender.]http://www.rumberger.com
Direct: 407.839.2186
Main: 407.872.7300
Cell: 407.497.9174
Email: dwillis@rumberger.commailto:dwillis@rumberger.com
vCardhttp://www.rumberger.com/90F6E0/assets/files/vcards/David%20Willis.vcf
[Image removed by sender. vCard]http://www.rumberger.com/90F6E0/assets/files/vcards/David%20Willis.vcf[Image removed by sender. LinkedIn]https://www.linkedin.com/company/rumberger-kirk-&-caldwell[Image removed by sender. Twitter]https://twitter.com/rumbergerkirk[Image removed by sender. Facebook]https://www.facebook.com/rumbergerkirkcaldwell[Image removed by sender. Orlando Office]https://goo.gl/maps/637GK
300 South Orange Avenue | Suite 1400 | Orlando, FL 32801
Mail To: P.O. Box 1873 | Orlando, FL 32802-1873
The information in this e-mail message is legally privileged and confidential information. If you have received this e-mail in error, please delete from any device/media where the message is stored.
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Alex Barthet
Sent: Wednesday, July 27, 2016 7:32 AM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@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
vCardhttp://barthet.com/Wordpress-Site/wp-content/uploads/2013/01/alexander-e-barthet.vcf | Biographyhttp://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@barthet.commailto:alex@barthet.com
www.barthet.comhttp://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
[Logo]
| Fort Lauderdale, FL 33301
P: (954) 763-4242 F: (954) 764-7770 wsh-law.comhttp://www.wsh-law.com | vCardhttp://www.wsh-law.com/attorneys-vcards.php
[http://www.wsh-law.com/images/email-twitter.jpg]http://twitter.com/Wsh_Law [http://www.wsh-law.com/images/email-linkedin.jpg] http://www.linkedin.com/company/weiss-serota-helfman-pastoriza-cole-&-boniske-p.l. [http://www.wsh-law.com/images/email-facebook.jpg] http://www.facebook.com/pages/Weiss-Serota-Helfman-Pastoriza-Cole-Boniske-PL/259464460734365
THINK BEFORE YOU PRINT
This message, together with any attachments, is intended only for the addressee. It may contain information which is legally privileged, confidential and exempt from disclosure. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, use, or any action or reliance on this communication is strictly prohibited. If you have received this e-mail in error, please notify the sender immediately by telephone (954) 763-4242 or by return e-mail and delete the message, along with any attachments.
Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.
Arnie, while I agree with your assessment about the Grade A clients not falling for the collection agency pitch, those are usually not the clients involved. I’ve had several of these where my Grade A client had a sub who had been duped by the debt collector and asked me to help them out. While I don’t advertise or solicit new clients actively, when one of Grade A clients asks me to help out a valued sub, I make exception and get involved. My experience with the collection agencies has been the same as the others—when they receive my letter or call, they disappear.
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@HerniczLegal.com
From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Arnold Tritt
Sent: Wednesday, July 27, 2016 9:05 AM
To: Alex Barthet; Willis, David; clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] 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@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Alex Barthet
Sent: Wednesday, July 27, 2016 8:43 AM
To: Willis, David dwillis@rumberger.com; clc-discussion@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
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@rumberger.com]
Sent: Wednesday, July 27, 2016 8:36 AM
To: Alex Barthet Alex@barthet.com; clc-discussion@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
http://www.rumberger.com Image removed by sender.
Direct: 407.839.2186
Main: 407.872.7300
Cell: 407.497.9174
Email: dwillis@rumberger.com
vCard http://www.rumberger.com/90F6E0/assets/files/vcards/David%20Willis.vcf
http://www.rumberger.com/90F6E0/assets/files/vcards/David%20Willis.vcf Image removed by sender. vCard https://www.linkedin.com/company/rumberger-kirk-&-caldwell Image removed by sender. LinkedIn https://twitter.com/rumbergerkirk Image removed by sender. Twitter https://www.facebook.com/rumbergerkirkcaldwell Image removed by sender. Facebook https://goo.gl/maps/637GK Image removed by sender. Orlando Office
300 South Orange Avenue | Suite 1400 | Orlando, FL 32801
Mail To: P.O. Box 1873 | Orlando, FL 32802-1873
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From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Alex Barthet
Sent: Wednesday, July 27, 2016 7:32 AM
To: clc-discussion@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
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.
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@HerniczLegal.com
From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@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@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@12062009-0C8D
101 N.E. Third Avenue, Suite 1910
Fort Lauderdale, FL 33301
954.769.5330 direct
954.524.6927 fax
mailto:bawolf@smithcurrie.com bawolf@smithcurrie.com
http://www.smithcurrie.com/ www.smithcurrie.com
From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@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@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@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Alex Barthet
Sent: Wednesday, July 27, 2016 9:13 AM
To: Arnold Tritt; Willis, David; clc-discussion@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
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@atritt.com]
Sent: Wednesday, July 27, 2016 9:05 AM
To: Alex Barthet Alex@barthet.com; Willis, David dwillis@rumberger.com; clc-discussion@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@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Alex Barthet
Sent: Wednesday, July 27, 2016 8:43 AM
To: Willis, David dwillis@rumberger.com; clc-discussion@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
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@rumberger.com]
Sent: Wednesday, July 27, 2016 8:36 AM
To: Alex Barthet Alex@barthet.com; clc-discussion@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
http://www.rumberger.com Image removed by sender.
Direct: 407.839.2186
Main: 407.872.7300
Cell: 407.497.9174
Email: dwillis@rumberger.com
vCard http://www.rumberger.com/90F6E0/assets/files/vcards/David%20Willis.vcf
http://www.rumberger.com/90F6E0/assets/files/vcards/David%20Willis.vcf Image removed by sender. vCard https://www.linkedin.com/company/rumberger-kirk-&-caldwell Image removed by sender. LinkedIn https://twitter.com/rumbergerkirk Image removed by sender. Twitter https://www.facebook.com/rumbergerkirkcaldwell Image removed by sender. Facebook https://goo.gl/maps/637GK Image removed by sender. Orlando Office
300 South Orange Avenue | Suite 1400 | Orlando, FL 32801
Mail To: P.O. Box 1873 | Orlando, FL 32802-1873
The information in this e-mail message is legally privileged and confidential information. If you have received this e-mail in error, please delete from any device/media where the message is stored.
From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Alex Barthet
Sent: Wednesday, July 27, 2016 7:32 AM
To: clc-discussion@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
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
Image removed by sender. Logo
| Fort Lauderdale, FL 33301
P: (954) 763-4242 F: (954) 764-7770 http://www.wsh-law.com wsh-law.com | http://www.wsh-law.com/attorneys-vcards.php vCard
http://twitter.com/Wsh_Law Image removed by sender. http://www.linkedin.com/company/weiss-serota-helfman-pastoriza-cole-&-boniske-p.l. Image removed by sender. http://www.facebook.com/pages/Weiss-Serota-Helfman-Pastoriza-Cole-Boniske-PL/259464460734365 Image removed by sender.
THINK BEFORE YOU PRINT
This message, together with any attachments, is intended only for the addressee. It may contain information which is legally privileged, confidential and exempt from disclosure. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, use, or any action or reliance on this communication is strictly prohibited. If you have received this e-mail in error, please notify the sender immediately by telephone (954) 763-4242 or by return e-mail and delete the message, along with any attachments.
Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.
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@tevtlaw.commailto:dvega@tevtlaw.com
On Jul 28, 2016, at 8:12 AM, Charles B. Hernicz, Esq <CHernicz@Herniczlegal.commailto:CHernicz@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@HerniczLegal.com
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@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@lists.flabarrpptl.orgmailto:clc-discussion@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
<image002.jpg><image003.jpg>
101 N.E. Third Avenue, Suite 1910
Fort Lauderdale, FL 33301
954.769.5330 direct
954.524.6927 fax
bawolf@smithcurrie.commailto:bawolf@smithcurrie.com
www.smithcurrie.comhttp://www.smithcurrie.com/ <image004.png><image004.png>
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@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@lists.flabarrpptl.orgmailto:clc-discussion@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@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Alex Barthet
Sent: Wednesday, July 27, 2016 9:13 AM
To: Arnold Tritt; Willis, David; clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@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 Bloghttp://thelienzone.com/
vCardhttp://barthet.com/Wordpress-Site/wp-content/uploads/2013/01/alexander-e-barthet.vcf | Biographyhttp://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@barthet.commailto:alex@barthet.com
www.barthet.comhttp://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@atritt.com]
Sent: Wednesday, July 27, 2016 9:05 AM
To: Alex Barthet <Alex@barthet.commailto:Alex@barthet.com>; Willis, David <dwillis@rumberger.commailto:dwillis@rumberger.com>; clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@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@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Alex Barthet
Sent: Wednesday, July 27, 2016 8:43 AM
To: Willis, David <dwillis@rumberger.commailto:dwillis@rumberger.com>; clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@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 Bloghttp://thelienzone.com/
vCardhttp://barthet.com/Wordpress-Site/wp-content/uploads/2013/01/alexander-e-barthet.vcf | Biographyhttp://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@barthet.commailto:alex@barthet.com
www.barthet.comhttp://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@rumberger.com]
Sent: Wednesday, July 27, 2016 8:36 AM
To: Alex Barthet <Alex@barthet.commailto:Alex@barthet.com>; clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@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
<image005.jpg>http://www.rumberger.com
Direct: 407.839.2186
Main: 407.872.7300
Cell: 407.497.9174
Email: dwillis@rumberger.commailto:dwillis@rumberger.com
vCardhttp://www.rumberger.com/90F6E0/assets/files/vcards/David%20Willis.vcf
<image006.jpg>http://www.rumberger.com/90F6E0/assets/files/vcards/David%20Willis.vcf<image006.jpg>https://www.linkedin.com/company/rumberger-kirk-&-caldwell<image006.jpg>https://twitter.com/rumbergerkirk<image006.jpg>https://www.facebook.com/rumbergerkirkcaldwell<image007.jpg>https://goo.gl/maps/637GK
300 South Orange Avenue | Suite 1400 | Orlando, FL 32801
Mail To: P.O. Box 1873 | Orlando, FL 32802-1873
The information in this e-mail message is legally privileged and confidential information. If you have received this e-mail in error, please delete from any device/media where the message is stored.
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Alex Barthet
Sent: Wednesday, July 27, 2016 7:32 AM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@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
vCardhttp://barthet.com/Wordpress-Site/wp-content/uploads/2013/01/alexander-e-barthet.vcf | Biographyhttp://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@barthet.commailto:alex@barthet.com
www.barthet.comhttp://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
<image008.jpg>
| Fort Lauderdale, FL 33301
P: (954) 763-4242 F: (954) 764-7770 wsh-law.comhttp://www.wsh-law.com | vCardhttp://www.wsh-law.com/attorneys-vcards.php
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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@HerniczLegal.com
From: Dan Vega [mailto:DVega@tevtlaw.com]
Sent: Thursday, July 28, 2016 8:22 AM
To: CHernicz@Herniczlegal.com
Cc: Wolf, Brian; Michael J. Kurzman; Alex Barthet; Arnold Tritt; Willis,
David; clc-discussion@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@tevtlaw.com
On Jul 28, 2016, at 8:12 AM, Charles B. Hernicz, Esq
CHernicz@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@HerniczLegal.com
From: clc-discussion-bounces@lists.flabarrpptl.org
[mailto:clc-discussion-bounces@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@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
<image002.jpg><image003.jpg>
101 N.E. Third Avenue, Suite 1910
Fort Lauderdale, FL 33301
954.769.5330 direct
954.524.6927 fax
mailto:bawolf@smithcurrie.com bawolf@smithcurrie.com
http://www.smithcurrie.com/ www.smithcurrie.com <image004.png>
<image004.png>
From: clc-discussion-bounces@lists.flabarrpptl.org
[mailto:clc-discussion-bounces@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@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@lists.flabarrpptl.org
[mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Alex
Barthet
Sent: Wednesday, July 27, 2016 9:13 AM
To: Arnold Tritt; Willis, David; clc-discussion@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-ba
rthet.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
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@atritt.com]
Sent: Wednesday, July 27, 2016 9:05 AM
To: Alex Barthet Alex@barthet.com; Willis, David dwillis@rumberger.com;
clc-discussion@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@lists.flabarrpptl.org
[mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Alex
Barthet
Sent: Wednesday, July 27, 2016 8:43 AM
To: Willis, David dwillis@rumberger.com;
clc-discussion@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-ba
rthet.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
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@rumberger.com]
Sent: Wednesday, July 27, 2016 8:36 AM
To: Alex Barthet Alex@barthet.com; clc-discussion@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
http://www.rumberger.com <image005.jpg>
Direct: 407.839.2186
Main: 407.872.7300
Cell: 407.497.9174
Email: dwillis@rumberger.com
vCard
http://www.rumberger.com/90F6E0/assets/files/vcards/David%20Willis.vcf
http://www.rumberger.com/90F6E0/assets/files/vcards/David%20Willis.vcf
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<image006.jpg> https://twitter.com/rumbergerkirk <image006.jpg>
https://www.facebook.com/rumbergerkirkcaldwell <image006.jpg>
https://goo.gl/maps/637GK <image007.jpg>
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Mail To: P.O. Box 1873 | Orlando, FL 32802-1873
The information in this e-mail message is legally privileged and
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From: clc-discussion-bounces@lists.flabarrpptl.org
[mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Alex
Barthet
Sent: Wednesday, July 27, 2016 7:32 AM
To: clc-discussion@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-ba
rthet.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
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
<image008.jpg>
| Fort Lauderdale, FL 33301
P: (954) 763-4242 F: (954) 764-7770 http://www.wsh-law.com
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THINK BEFORE YOU PRINT
This message, together with any attachments, is intended only for the
addressee. It may contain information which is legally privileged,
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recipient, you are hereby notified that any disclosure, copying,
distribution, use, or any action or reliance on this communication is
strictly prohibited. If you have received this e-mail in error, please
notify the sender immediately by telephone (954) 763-4242 or by return
e-mail and delete the message, along with any attachments.
Tax Advice Disclosure: To ensure compliance with requirements imposed by the
IRS under Circular 230, we inform you that any U.S. federal tax advice
contained in this communication (including any attachments), unless
otherwise specifically stated, was not intended or written to be used, and
cannot be used, for the purpose of (1) avoiding penalties under the Internal
Revenue Code or (2) promoting, marketing or recommending to another party
any matters addressed herein.
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Chuck, rigid interpretation of statutes to negate otherwise valid liens is not what the lien law intends to accomplish.
An employee with no training and no high school diploma can prepare a lien but not a notice company (obviously in both cases the lienor will sign and be sworn)???
An employee with no training and no high school diploma can prepare a lien but that is ok and not the unauthorized practice of law? The employee is getting paid too.
Guys, what is the policy behind all of this?? If the lien is valid, timely, and accurate and the lienor deserves to be paid, are we going to strike the lien because it was prepared (signed by the lienor) but prepared by joe blow notice co? And yet, the same valid lien prepared by a lay person employee is fine?
That to me folks is an absurd result.
Daniel R. Vega, Esq.
Board Certified in Construction Law & Florida Supreme Court Certified Circuit Court Mediator
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@tevtlaw.commailto:dvega@tevtlaw.com
www.tevtlaw.com
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From: Charles B. Hernicz, Esq [mailto:CHernicz@Herniczlegal.com]
Sent: Thursday, July 28, 2016 9:17 AM
To: Dan Vega DVega@tevtlaw.com
Cc: 'Wolf, Brian' bawolf@smithcurrie.com; 'Michael J. Kurzman' MKurzman@wsh-law.com; 'Alex Barthet' Alex@barthet.com; 'Arnold Tritt' arnold.tritt@atritt.com; 'Willis, David' dwillis@rumberger.com; clc-discussion@lists.flabarrpptl.org
Subject: RE: [CLC-Discussion] Texas Collection Agencies
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@HerniczLegal.com
From: Dan Vega [mailto:DVega@tevtlaw.com]
Sent: Thursday, July 28, 2016 8:22 AM
To: CHernicz@Herniczlegal.commailto:CHernicz@Herniczlegal.com
Cc: Wolf, Brian; Michael J. Kurzman; Alex Barthet; Arnold Tritt; Willis, David; clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@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@tevtlaw.commailto:dvega@tevtlaw.com
On Jul 28, 2016, at 8:12 AM, Charles B. Hernicz, Esq <CHernicz@Herniczlegal.commailto:CHernicz@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@HerniczLegal.com
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@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@lists.flabarrpptl.orgmailto:clc-discussion@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
<image002.jpg><image003.jpg>
101 N.E. Third Avenue, Suite 1910
Fort Lauderdale, FL 33301
954.769.5330 direct
954.524.6927 fax
bawolf@smithcurrie.commailto:bawolf@smithcurrie.com
www.smithcurrie.comhttp://www.smithcurrie.com/ <image004.png> <image004.png>
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@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@lists.flabarrpptl.orgmailto:clc-discussion@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@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Alex Barthet
Sent: Wednesday, July 27, 2016 9:13 AM
To: Arnold Tritt; Willis, David; clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@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 Bloghttp://thelienzone.com/
vCardhttp://barthet.com/Wordpress-Site/wp-content/uploads/2013/01/alexander-e-barthet.vcf | Biographyhttp://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@barthet.commailto:alex@barthet.com
www.barthet.comhttp://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@atritt.com]
Sent: Wednesday, July 27, 2016 9:05 AM
To: Alex Barthet <Alex@barthet.commailto:Alex@barthet.com>; Willis, David <dwillis@rumberger.commailto:dwillis@rumberger.com>; clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@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@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Alex Barthet
Sent: Wednesday, July 27, 2016 8:43 AM
To: Willis, David <dwillis@rumberger.commailto:dwillis@rumberger.com>; clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@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 Bloghttp://thelienzone.com/
vCardhttp://barthet.com/Wordpress-Site/wp-content/uploads/2013/01/alexander-e-barthet.vcf | Biographyhttp://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@barthet.commailto:alex@barthet.com
www.barthet.comhttp://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@rumberger.com]
Sent: Wednesday, July 27, 2016 8:36 AM
To: Alex Barthet <Alex@barthet.commailto:Alex@barthet.com>; clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@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
<image005.jpg>http://www.rumberger.com
Direct: 407.839.2186
Main: 407.872.7300
Cell: 407.497.9174
Email: dwillis@rumberger.commailto:dwillis@rumberger.com
vCardhttp://www.rumberger.com/90F6E0/assets/files/vcards/David%20Willis.vcf
<image006.jpg>http://www.rumberger.com/90F6E0/assets/files/vcards/David%20Willis.vcf<image006.jpg>https://www.linkedin.com/company/rumberger-kirk-&-caldwell<image006.jpg>https://twitter.com/rumbergerkirk<image006.jpg>https://www.facebook.com/rumbergerkirkcaldwell<image007.jpg>https://goo.gl/maps/637GK
300 South Orange Avenue | Suite 1400 | Orlando, FL 32801
Mail To: P.O. Box 1873 | Orlando, FL 32802-1873
The information in this e-mail message is legally privileged and confidential information. If you have received this e-mail in error, please delete from any device/media where the message is stored.
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Alex Barthet
Sent: Wednesday, July 27, 2016 7:32 AM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@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
vCardhttp://barthet.com/Wordpress-Site/wp-content/uploads/2013/01/alexander-e-barthet.vcf | Biographyhttp://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@barthet.commailto:alex@barthet.com
www.barthet.comhttp://www.barthet.com/
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All - Good morning. Thank you all for the responses and active discussion on this topic - I appreciate it. It seems I was not alone and the problem is pervasive. I encourage you to continue to report to the group if you hear of other similar instances. Have a great week.
Regards,
Alex Barthet
Board Certified in Construction Law
TheLienZone Construction Law Bloghttp://thelienzone.com/
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The Barthet Firm
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Dan,
A claim of lien is more than just a notice to owner that is dropped in the mail. It is recorded in the public records and places a cloud on someone’s title to real property. It exposes the owner of the property to loss through inability to sell the property, refinance, etc. It consequently exposes the party recording the lien to potential liability for slander of title as well as filing a fraudulent lien. Preparing a claim of lien requires an ability to accurately determine and insert a legal description to real property, accurately compile the amount of the claim of lien and ensure that notice of that claim of lien is properly delivered to the owner. The statute specifically authorizes a lienor to act “pro se” to prepare and record its own claim of lien (even though, if it is an entity, it would not be able to act “pro se” to file an action to enforce that claim of lien in court). However, that is very different from another party or entity preparing that claim of lien for the lienor. That is called the practice of law.
I can tell you from personal experience that notice companies file bad liens all the time. They are not trained as attorneys. If an attorney improperly prepares a claim of lien and the client pays the price, the attorney has malpractice coverage to compensate the client. What sort of insurance do you suppose the notice companies have for their clients?
Reese
Reese J. Henderson, Jr. | Shareholder
Florida Bar Board Certified in Construction Law
Florida Supreme Court Certified Circuit Civil Mediator
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From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Dan Vega
Sent: Thursday, July 28, 2016 8:22 AM
To: CHernicz@Herniczlegal.com
Cc: clc-discussion@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@tevtlaw.commailto:dvega@tevtlaw.com
On Jul 28, 2016, at 8:12 AM, Charles B. Hernicz, Esq <CHernicz@Herniczlegal.commailto:CHernicz@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@HerniczLegal.com
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@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@lists.flabarrpptl.orgmailto:clc-discussion@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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101 N.E. Third Avenue, Suite 1910
Fort Lauderdale, FL 33301
954.769.5330 direct
954.524.6927 fax
bawolf@smithcurrie.commailto:bawolf@smithcurrie.com
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From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@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@lists.flabarrpptl.orgmailto:clc-discussion@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@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Alex Barthet
Sent: Wednesday, July 27, 2016 9:13 AM
To: Arnold Tritt; Willis, David; clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@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 Bloghttp://thelienzone.com/
vCardhttp://barthet.com/Wordpress-Site/wp-content/uploads/2013/01/alexander-e-barthet.vcf | Biographyhttp://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@barthet.commailto:alex@barthet.com
www.barthet.comhttp://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@atritt.com]
Sent: Wednesday, July 27, 2016 9:05 AM
To: Alex Barthet <Alex@barthet.commailto:Alex@barthet.com>; Willis, David <dwillis@rumberger.commailto:dwillis@rumberger.com>; clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@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@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Alex Barthet
Sent: Wednesday, July 27, 2016 8:43 AM
To: Willis, David <dwillis@rumberger.commailto:dwillis@rumberger.com>; clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@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 Bloghttp://thelienzone.com/
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The Barthet Firm
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305-347-5295
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From: Willis, David [mailto:dwillis@rumberger.com]
Sent: Wednesday, July 27, 2016 8:36 AM
To: Alex Barthet <Alex@barthet.commailto:Alex@barthet.com>; clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@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@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Alex Barthet
Sent: Wednesday, July 27, 2016 7:32 AM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@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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Partner, Florida Bar Certified in Construction Law
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| Fort Lauderdale, FL 33301
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Reese, if it is a bad lien it is a bad lien. Case over, you win and other side pays fees.
As to a notice company preparing a bad lien, then the lienor should not sign it. If the lienor signs it, the lienor buys it. Same result occurs if the employee prepares a bad lien and then the lienor/boss signs it.
Daniel R. Vega, Esq.
Board Certified in Construction Law & Florida Supreme Court Certified Circuit Court Mediator
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
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From: Reese J. Henderson, Jr. [mailto:Reese.Henderson@gray-robinson.com]
Sent: Thursday, July 28, 2016 9:46 AM
To: Dan Vega DVega@tevtlaw.com; CHernicz@Herniczlegal.com
Cc: clc-discussion@lists.flabarrpptl.org
Subject: RE: [CLC-Discussion] Texas Collection Agencies
Dan,
A claim of lien is more than just a notice to owner that is dropped in the mail. It is recorded in the public records and places a cloud on someone’s title to real property. It exposes the owner of the property to loss through inability to sell the property, refinance, etc. It consequently exposes the party recording the lien to potential liability for slander of title as well as filing a fraudulent lien. Preparing a claim of lien requires an ability to accurately determine and insert a legal description to real property, accurately compile the amount of the claim of lien and ensure that notice of that claim of lien is properly delivered to the owner. The statute specifically authorizes a lienor to act “pro se” to prepare and record its own claim of lien (even though, if it is an entity, it would not be able to act “pro se” to file an action to enforce that claim of lien in court). However, that is very different from another party or entity preparing that claim of lien for the lienor. That is called the practice of law.
I can tell you from personal experience that notice companies file bad liens all the time. They are not trained as attorneys. If an attorney improperly prepares a claim of lien and the client pays the price, the attorney has malpractice coverage to compensate the client. What sort of insurance do you suppose the notice companies have for their clients?
Reese
Reese J. Henderson, Jr. | Shareholder
Florida Bar Board Certified in Construction Law
Florida Supreme Court Certified Circuit Civil Mediator
G R A Y | R O B I N S O N
50 North Laura Street, Suite 1100 | Jacksonville, Florida 32202
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From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Dan Vega
Sent: Thursday, July 28, 2016 8:22 AM
To: CHernicz@Herniczlegal.commailto:CHernicz@Herniczlegal.com
Cc: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@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@tevtlaw.commailto:dvega@tevtlaw.com
On Jul 28, 2016, at 8:12 AM, Charles B. Hernicz, Esq <CHernicz@Herniczlegal.commailto:CHernicz@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@HerniczLegal.com
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@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@lists.flabarrpptl.orgmailto:clc-discussion@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
<image002.jpg><image003.jpg>
101 N.E. Third Avenue, Suite 1910
Fort Lauderdale, FL 33301
954.769.5330 direct
954.524.6927 fax
bawolf@smithcurrie.commailto:bawolf@smithcurrie.com
www.smithcurrie.comhttp://www.smithcurrie.com/ <image004.png> <image004.png>
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@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@lists.flabarrpptl.orgmailto:clc-discussion@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@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Alex Barthet
Sent: Wednesday, July 27, 2016 9:13 AM
To: Arnold Tritt; Willis, David; clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@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 Bloghttp://thelienzone.com/
vCardhttp://barthet.com/Wordpress-Site/wp-content/uploads/2013/01/alexander-e-barthet.vcf | Biographyhttp://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@barthet.commailto:alex@barthet.com
www.barthet.comhttp://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@atritt.com]
Sent: Wednesday, July 27, 2016 9:05 AM
To: Alex Barthet <Alex@barthet.commailto:Alex@barthet.com>; Willis, David <dwillis@rumberger.commailto:dwillis@rumberger.com>; clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@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@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Alex Barthet
Sent: Wednesday, July 27, 2016 8:43 AM
To: Willis, David <dwillis@rumberger.commailto:dwillis@rumberger.com>; clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@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
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From: Willis, David [mailto:dwillis@rumberger.com]
Sent: Wednesday, July 27, 2016 8:36 AM
To: Alex Barthet <Alex@barthet.commailto:Alex@barthet.com>; clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@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@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Alex Barthet
Sent: Wednesday, July 27, 2016 7:32 AM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@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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Miami, Florida 33131
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