June 14th, 2013
Regardless of whether the economy is booming or busting, there may be times when some of your bills go unpaid. This situation can happen to most anyone. However, that does not mean you, as the consumer, are at the mercy of overly aggressive and abusive debt collectors. The Fair Debt Collection Practices Act, Florida Consumer Collection Practices Act and statutes in certain other jurisdictions provide protections to consumers from unfair and deceptive debt collection practices. Some unfair debt collection practices include:
- numerous telephone calls, especially robo-calls or calls after 9 PM;
- failure to identify itself as a debt collector;
- failure to provide notice of one’s right to dispute or question the debt amount;
- improperly informing others of your debt or the status of your debt;
- attempting to collect amounts not actually due or even owed;
- using abusive language or tactics when discussing your debt;
- threatening legal actions against you without the proper basis;
- continuing to contact you after you have disputed the debt.
You may be experiencing these types of unfair and deceptive debt collection tactics. Federal and state laws provide remedies to consumers who have been the victim of unfair and deceptive debt collection practices. Remedies include statutory damages and actual damages which can include emotional distress. The law also provides that the debt collector must pay your attorneys’ fees when violations are proven to level the playing field between you, the consumer, and the debt collection company. If you have been the victim of unfair and deceptive debt collection practices, contact the law firm of Henrichsen Siegel, P.L.L.C. to find out your legal rights as a consumer. With experienced lawyers in Florida, Georgia, the District of Columbia and other jurisdictions, we are here to assist you with protecting your rights.
Tags: debt collection
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June 5th, 2013
On May 30, 2013, the Florida Supreme Court issued its opinion in the case of First Baptist Church of Cape Coral, Florida, Inc. v. Compass Construction, Inc., SC11-1278, holding that a contractual indemnitor can be ordered to pay attorneys’ fees of the indemnitee based on 1) the amount of fees actually incurred by the indemnitee or 2) an alternative fee arrangement agreement entered into by the indemnitee and its attorneys. Florida follows the “American Rule” which states that each party is responsible for its own attorneys’ fees unless fee-shifting is authorized by statute or contract. In Compass Construction, First Baptist, the owner, and Compass Construction, the contractor, were sued due to a worksite accident. First Baptist defended the claim and also cross-claimed to enforce its contractual indemnity rights against Compass Construction. First Baptist’s insurer retained an attorney to provide the defense and to enforce the indemnity rights, including reimbursement of attorneys’ fees.
The engagement agreement between First Baptist’s insurer and the attorney included an alternative fee arrangement in addition to the traditional hourly rate. The alternative fee arrangement provided that “[s]hould anyone other than the [insurance company] be required to pay attorney’s fees . . . the hourly rate for attorney’s fees would be $300.00 . . . , or such amount as is determined by the [c]ourt, whichever is higher.”]. First Baptist prevailed against the plaintiff and sought fees from Compass Construction. The trial court awarded fees, calculating the same based upon the alternative fee arrangement which resulted in a higher recovery than what was actually billed to and paid by the insurer. Compass Construction appealed to the Second District Court of Appeal which reversed the trial court’s decision, holding that the court was bound by the traditional fee agreed to between the insurer and the attorney and not the alternative fee arrangement. However, the Second DCA certified that its decision was in direct conflict with Wolfe v. Nazaire, 758 So. 2d 730 (Fla. 4th DCA 2000). The Wolfe court had approved the use of an alternative fee arrangement to award fees against a third-party rather than the hourly rate paid by the client. Wolfe, 758 So.2d at 733.
The Compass Construction Court began its analysis by reviewing the history of cases discussing the award of attorneys’ fees under fee-shifting statutes or by contractual agreement. It noted that there was a long history of awarding fees at a higher rate than contingent fee arrangements as long as the award did not violate the reasonableness requirement. The Compass Construction Court further explained that there was no difference between an alternative fee provision stated in a strictly contingency fee agreement and an hourly rate fee agreement. Consequently, the alternative fee arrangement would be enforced when awarding attorneys’ fees based on the indemnity agreement between First Baptist and Compass Construction.
The takeaway from this case is that the fee arrangement between indemnitors and their attorneys should be drafted to permit the recovery of fees based on an alternative fee arrangement. This type of provision can be added to engagement letters to ensure the greatest potential for an award of attorneys’ fees for the indemnitor against the indemnitee. The attorneys at Henrichsen Siegel, P.L.L.C. have years of experience representing surety and fidelity companies, including the enforcement of contractual and common law indemnity rights. We will ensure our engagement agreements take in account this important development concerning the recovery of attorneys’ fees from third parties.
The Florida Supreme Court’s opinion can be obtained at http://www.floridasupremecourt.org/decisions/2013/sc11-1278.pdf
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April 23rd, 2013
- A contingency fee means that you pay no fees unless your case is won.
- For certain types of cases, attorneys will work on your behalf and pursue compensation for your claims in exchange for a portion of the recovery and if provided for by law or contract, the attorneys’ fees from the opposing party.
- Many injury victims, unemployed individuals or smaller companies cannot afford to pay for the quality of representation they deserve. Through contingency fees everyone is able to obtain quality representation without paying for it out of pocket.
- You are able to obtain quality representation at no additional cost.
Henrichsen Siegel, P.L.L.C. reviews cases for possible contingency representation. Henrichsen Siegel attorneys are licensed in Washington, DC, Florida, Georgia, Maryland, New York, New Jersey and Virginia, with offices in Washington, DC, Jacksonville, FL, Miami, FL and New York, NY. Contact us to be interviewed by phone about your specific situation.
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March 20th, 2013
On Tuesday, March 19, 2013, Helen H. Albee, Member of Henrichsen Siegel, P.L.L.C., was elected to the position of Secretary of the Board of Directors of Jacksonville Electric Authority. Please follow the link below to read the article in The Financial News and Daily Record. We congratulate Ms. Albee!
http://www.jaxdailyrecord.com/downtowntoday.php?dt_date=2013-03-20
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March 20th, 2013
Get it in writing If you’ve been fired, your employer doesn’t have to offer you a severance package. But if they do, they have to put it in writing and stick to it. They also have to provide you a copy of it in writing.
Weigh your options If you’ve been fired from an executive or management position, a severance offer could include requiring you to promise not to sue them later in exchange for the severance pay you would get.
Deadline to sign You usually have to accept or reject a severance offer within a certain period of time and if you’re over age 40, the ADEA (Age Discrimination in Employment Act) requires your employer to give you even more time to think it over.
Making a counteroffer You can ask your employer for a better severance offer if you feel the original one was not appropriate but you may have technically rejected the first offer by doing so. You run the risk of leaving the table empty-handed if your counteroffer is rejected. Not every employer will retract the original offer but it is a possibility to consider.
Need more information? If you are facing a severance situation at any stage in the process, contact the law firm of Henrichsen Siegel, P.L.L.C. for a consultation to help you with your career transition.
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March 15th, 2013
Henrichsen Siegel, P.L.L.C., an AV Rated© and Best Insurance Recommended© law firm, is reviewing and handling all types of legal claims relating to Superstorm Sandy. With attorneys licensed in New Jersey, New York, Maryland, Virginia, the District of Columbia, Florida and Georgia as well as offices in Washington, DC, New York and Florida, we bring a strong background of insurance and commercial dispute experience throughout the Eastern United States to Superstorm Sandy claims. “We are committed to assisting businesses and people affected by Superstorm Sandy in making sure their legal rights are protected,” stated managing member Neil L. Henrichsen. Please see http://www.hslawyers.com/superstorm-sandy-claims/ for further information.
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February 7th, 2013
Twenty years ago yesterday in 1993, former President Bill Clinton signed the Family and Medical Leave Act (FMLA) which provided millions of Americans with the opportunity to take time off from work for a number of reasons, including to care for a new child or a sick relative. Between 1991 and 1997, the percentage of full-time employees in large and medium-sized businesses taking maternity leave grew from 37 to 93 percent. Between 1965 and 1992, the percentage of mothers working outside the home had grown from 35 to 67 percent. Single parent households had become more common in America growing from 16 to 27 percent of families between 1975 and 1992.
The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Eligible employees are entitled to:
Twelve workweeks of leave in a 12-month period for:
The birth of a child and to care for the newborn child within one year of birth;
The placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
To care for the employee’s spouse, child, or parent who has a serious health condition;
A serious health condition that makes the employee unable to perform the essential functions of his or her job;
Any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty;” or
Twenty-six workweeks of leave during a single 12-month period to care for a covered servicemember with a serious injury or illness if the eligible employee is the servicemember’s spouse, son, daughter, parent, or next of kin (military caregiver leave).
If you believe your employer has violated the FMLA in relation to one or more of the situations above, please consider contacting Henrichsen Siegel, P.L.L.C.
Hiring an attorney is an important decision which should not be based solely on advertising. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship, every case is different and no action or outcome is guaranteed.
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January 31st, 2013
Yesterday, Helen Albee, a partner practicing in the Firm’s commercial litigation/construction litigation, became a member of the bar of the United States District Court, Southern District of Georgia. The Southern District of Georgia is one of the original 13 Federal courts created by the Judiciary Act of 1789. The First Congress passed the Judiciary Act to implement Article III of the United States Constitution which vested power in the Federal judicial system but provided very little detail. Ms. Albee is proud to be a member of a bar which has existed from the infancy of the United States of America and its Federal Courts. She looks forward to representing clients through the Southern District of Georgia in the venerable halls of its courthouses which includes Savannah and Brunswick, Georgia.
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January 30th, 2013
Henrichsen Siegel, P.L.L.C. is proud to announce the firm’s inclusion in A.M. Best’s Directory of Recommended Insurance Attorneys, a listing of select attorneys who meet the rigorous review standards for expertise, professionalism and performance. Henrichsen Siegel, P.L.L.C. represents clients with fidelity-claims representation and subrogation. Managing partner Neil L. Henrichsen has over two decades of experience representing the surety industry. The firm has locations in Washington, DC, New York City, Miami and Jacksonville, FL and can receive special admission into other jurisdictions in some cases. A.M. Best has been researching and reviewing attorneys for this publication for over 80 years and we are pleased to be included in 2013.
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January 22nd, 2013
http://www.jaxdailyrecord.com/showstory.php?Story_id=538554
Lawyer Snapshot: Helen Albee
01/21/2013
Family: Husband, Steve Albee, and a daughter.
Pets: Pumpkin, Samson and Goldie.
Education: University of Florida, B.S.B.A.; University of Florida College of Law, J.D.
Admitted to the Bar: Florida Bar in 1993, Georgia Bar in 2003.
Employed by: Partner at Henrichsen Siegel.
Field of practice: Business litigation, construction litigation, consumer protection and contracts.
Professional organizations: Construction Law Committee of The Florida Bar.
Community involvement: I recently was appointed to the JEA board of directors, which is a very exciting opportunity to be involved in public service. While serving on the JEA board, I anticipate learning a great deal about the utilities industry and how our local government works. I already have learned a great deal about the workings of the City Council during my confirmation process.
I also am on the board of Springfield Preservation and Revitalization Inc. (SPAR) and its affiliate, the Springfield Area Merchants and Business Association (SAMBA). Through these organizations, I am able to see the wonderful changes happening in Springfield and Downtown, not only on the residential side, but also on the commercial side.
Finally, I volunteer at Assumption Catholic School Music Program and with Community Nutcracker of Jacksonville Inc.
How did you become involved?
I became involved when I was asked to serve my community or my church. I believe when you are called to serve, you should give what you can, whether it is time, treasure or talent.
How can someone else become involved?
The first step is finding an organization whose mission is in line with your personal interests whether it is revitalization of a historic neighborhood, environmental issues, the arts or education. Then, reach out and find out what the volunteer opportunities are and how the organization works. There also are programs like HandsOn Jacksonville that provide opportunities to volunteer for specific projects, which I also have done in the past.
What have you learned/achieved through the experience?
I have learned that organization and communication are two keys to developing successful projects and relationships. I also have learned that everyone has something to offer if given the opportunity to contribute.
What was the last book you read or are reading?
I just finished “Lost in Translation,” by Nicole Mones, a novel about an archeological expedition in China. It really was very good.
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