Legal Articles

Below is a selection of articles written by our attorneys focused on educating our clients on credit and collection issues. 

Please select the article you wish to see.  We will be updating this site regularly, so you may want to bookmark this page.  

10 Tips for Preparing for Trial, NARCA Newsletter  

Reverse Piercing of the Corporate Veil, NY NACM Newletter

Emails and Confidentiality Notices, NARCA Newsletter

Credit Card Grantors How to Avoid Unnecessary Trials, NARCA Newsletter

Can a Defendant File a Counterclaim under the FDCPA, ACA Newsletter

Reclamation of Property

Credit Application

Post Petition Repossession

Preferences

Bankruptcy Notice

Consignment

Letter of Credit

Guidelines for Testimony at Trial, NARCA Newsletter

Guidelines for Testimony at Deposition

Contract Review, NARCA Newsletter

Suggested Strategies for Recovering Collateral Seized by Third Parties

Parole Evidence Rule, NARCA Newsletter

Paid-in-Full Checks, ACA MAP Bulletin, based on Jay Winston's Law Review Article, New England School of Law

Stripping Liens in Bankruptcy

Exemplified Judgment/Triple Seal Judgment see also Article for Arizona Special Treatment

Bankruptcy and Cash Collateral

Selling equity in your business to fuel expansion

Email Collections, NARCA Newsletter

Unsigned Check, ACA International Tele-seminar

Certified Checks and Cashier Checks, ACA International Tele-seminar

Involuntary Petition

Arizona's Foreign Judgment Dilemma, Know the steps to domesticate an old foreign judgment in Arizona. 

Recent FDCPA Decision of Note Gostony, v. Diem Corp. & Debra Dencek, NARCA Newsletter

Zero Percent Financing and Cram Downs, ABI Newsletter

Indirect Auto and Boat Lenders beware,  Are you in Compliance with the Connecticut Retail Installment Sales Financing Act?, NARCA Newsletter

 

 

DISCLAIMER

These articles are not intended to be a substitute for consultation with an attorney.  No attempt has been made here to review, include, or comment upon all the relevant laws and statutes.  Most of the general statements presented are representative of the laws in the majority of the states, but some states have passed laws that modify or change the legal consequences of the general statement.  Exceptions exist to every general statement.  Therefore, a general statement should not be used to fit a particular set of circumstances until after a thorough examination of the facts and laws plus a review of the decisions of the courts of the appropriate state.  Laws and statutes are continually amended, revised, and repealed and court decisions may be reversed or rendered obsolete by more recent decisions or decisions of higher courts.  It is recommended that a review of all the state laws and federal laws as well as the court decisions of the federal courts and the state courts should be done before any decision is made with regard to any legal problem involved with the credit or collection effort and consultation with an attorney is always recommended before proceeding.

 

Copyright © 2000, 2001 Winston & Winston P.C. All rights reserved.
Revised: March 19, 2005