Texas Collection Agencies
EXCEPT for the potential of "consumer harm" resulting from an incorrectly prepared or untimely filed Claim of Lien....it might not be the UPL. Perhaps these lay persons should just be required to maintain professional liability insurance coverage for such malpractice, but I'm not sure who would issue such coverage....
Fred R. Dudley, Managing Member
Board Certified Construction Lawyer
Dudley, Sellers, Healy & Heath, P. L.
SunTrust Financial Center, Suite 301
3522 Thomasville Road
Tallahassee, Florida 32308
Cell: (850) 294-3471
Direct: (850)692-6368
dudley@mylicenselaw.com
From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Dan Vega
Sent: Thursday, July 28, 2016 9:47 AM
To: CHernicz@Herniczlegal.com
Cc: clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Texas Collection Agencies
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.comhttp://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.commailto:DVega@tevtlaw.com>
Cc: 'Wolf, Brian' <bawolf@smithcurrie.commailto:bawolf@smithcurrie.com>; '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: 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
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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
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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
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
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Direct: 407.839.2186
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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
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
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The liens our office has seen that are prepared and recorded by notice
companies are not signed by the contractor (or subcontractor); they are
signed by an employee of the notice company as "agent" of the contractor.
Just my two cents on the topic. Have a great day.
Kind regards,
Michelle L. Rivera, Esq.
Attorney
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Telephone: 407-926-4100
mailto:gtwlaw@ymail.com Michelle@WCLfirm.com
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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 9:35 AM
To: CHernicz@Herniczlegal.com
Cc: clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Texas Collection Agencies
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: mailto:dvega@tevtlaw.com dvega@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.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
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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
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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
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The Barthet Firm
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The statute allows an agent (ostensibly a notice company) to sign the lien, but requires an employee or the lienor to prepare it. Anyone else see that as inconsistent?
Michael Clark, Esquire
Florida Bar Certified Construction Law Specialist
Siegfried, Rivera, Hyman, Lerner,
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From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Michelle L. Rivera
Sent: Thursday, July 28, 2016 10:04 AM
To: 'Dan Vega'; CHernicz@Herniczlegal.com
Cc: clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Texas Collection Agencies
The liens our office has seen that are prepared and recorded by notice companies are not signed by the contractor (or subcontractor); they are signed by an employee of the notice company as “agent” of the contractor. Just my two cents on the topic. Have a great day.
Kind regards,
Michelle L. Rivera, Esq.
Attorney
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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 9:35 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
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
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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.commailto:DVega@tevtlaw.com>
Cc: 'Wolf, Brian' <bawolf@smithcurrie.commailto:bawolf@smithcurrie.com>; '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: 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
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101 N.E. Third Avenue, Suite 1910
Fort Lauderdale, FL 33301
954.769.5330 direct
954.524.6927 fax
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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/
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The Barthet Firm
200 S. Biscayne Blvd., Suite 1800
Miami, Florida 33131
305-347-5295
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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
200 S. Biscayne Blvd., Suite 1800
Miami, Florida 33131
305-347-5295
alex@barthet.commailto:alex@barthet.com
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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
<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
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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
200 S. Biscayne Blvd., Suite 1800
Miami, Florida 33131
305-347-5295
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Lienor can authorize anyone to sign on their behalf as an agent for purposes of execution. It is only when it is prepared for a fee by a non-lawyer who is not an actual employee of the Lienor, that it becomes the UPL. Just my 1 ½ cents
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From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Michael Clark
Sent: Thursday, July 28, 2016 10:27 AM
To: 'Michelle L. Rivera' Michelle@wclfirm.com; 'Dan Vega' DVega@tevtlaw.com; CHernicz@Herniczlegal.com
Cc: clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Texas Collection Agencies
The statute allows an agent (ostensibly a notice company) to sign the lien, but requires an employee or the lienor to prepare it. Anyone else see that as inconsistent?
Michael Clark, Esquire
Florida Bar Certified Construction Law Specialist
Siegfried, Rivera, Hyman, Lerner,
De La Torre, Mars & Sobel, P.A.
201 Alhambra Circle, Eleventh Floor
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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 Michelle L. Rivera
Sent: Thursday, July 28, 2016 10:04 AM
To: 'Dan Vega'; CHernicz@Herniczlegal.commailto:CHernicz@Herniczlegal.com
Cc: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Texas Collection Agencies
The liens our office has seen that are prepared and recorded by notice companies are not signed by the contractor (or subcontractor); they are signed by an employee of the notice company as “agent” of the contractor. Just my two cents on the topic. Have a great day.
Kind regards,
Michelle L. Rivera, Esq.
Attorney
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Williams Law Firm
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Winter Park, Florida 32789
Telephone: 407-926-4100
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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 9:35 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
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
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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.commailto:DVega@tevtlaw.com>
Cc: 'Wolf, Brian' <bawolf@smithcurrie.commailto:bawolf@smithcurrie.com>; '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: 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
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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/
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The Barthet Firm
200 S. Biscayne Blvd., Suite 1800
Miami, Florida 33131
305-347-5295
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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
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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
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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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305-347-5295
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Michael Kurzman
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