Michigan

COLLECTORS - Get your demand letters reviewed before they turn into big problems

I have had the displeasure of suing a collection agent and agency that I had done work for a number of years ago. Why? The agency (which is owned by the agent) sent out a bad check demand letter to client that did not contain all of the requirements of MCL 600.2952. This statute requires that bad check demand letters have certain information contained in them. Because this agency did not comply with this statute, his bad check demand letter necessarily failed to comply with the Fair Debt Collection Practices Act. While he made what appeared to be a good faith attempt to comply with the FDCPA, it was not good enough.

Moral of the story - Debt collectors - Spent some money and get your demand letters reviewed by an attorney. The American Collectors Association and the Michigan Collectors Association are two very good places to start. By not having your letters reviewed by an attorney, you are saving a few dollars and buying a whole lot of risk. Since this is current litigation and I dont think is ever a good idea to talk about current cases, I will leave it alone at that. Word to the wise, my readers!

Full post as published by Michigan Collection Law Blog on November 13, 2009 (boomark / email).