Insights
Proposed Changes to Ohio's Statute of Limitations on Contracts Raises Concerns for Creditors
June 27, 2019 | Larry R. Rothenberg, Esq.The recently introduced Ohio H.B. 251 is pending in the House's Civil Justice Committee, and is sparking significant argumentation among trade groups on both sides of the issue....
Read MoreA Creditor's Guide to Ohio's Name and Gender Marker Change Process
May 8, 2019 | David Mullen, Esq.It is estimated that 1.4 million Americans identify as transgender – a figure that has essentially doubled over the last decade. When an individual transitions from one gender to another, they may also elect to change their name and/or their gender marker. Banks, lending institutions, and other businesses that typically deal with personal data must therefore ensure appropriate policies and procedures are in place for addressing name and gender changes. This article does not discuss political and social attitudes towards these individuals, but rather explores Ohio's process and potential best practices for addressing name and gender changes from the standpoint of a creditor....
Read MoreRevisiting the "Debtor Prison"
January 25, 2019 | James T. Hart, Esq.A question I am sometimes asked as a collection lawyer is whether our modern-day civil judicial system operates as or encourages "debtor prisons." I generally laugh at the notion and explain that no, persons are not sent to jail in a civil case simply because they cannot pay a debt owed to another....
Read MoreCobo and the Single Refiling Rule: Pick Your Remedy and Order It Carefully
December 17, 2018 | Charles A. Walgreen, Esq.On November 29, 2018, the Illinois Supreme Court issued its much-anticipated opinion in First Midwest Bank v. Cobo, 2018 IL 123038. The Cobo case focused on the single refiling rule set forth in Section 13-217 of the Illinois Code of Civil Procedure, which prohibits a plaintiff from refiling the same cause of action. The Cobo decision has important compliance and procedural implications for servicers and holders of secured and unsecured loans that commence suit in Illinois....
Read MoreH.R.5082 Proposes Change to FDCPA and CFPB
September 12, 2018 | James G. Kozelek, Esq.On February 23, 2018, Representative Alexander Mooney (R-WV) and Representative Vicente Gonzalez (D-TX) introduced H.R.5082 – Practice of Law Technical Clarification Act of 2018, which proposes to remove attorneys from Consumer Financial Protection Bureau (CFPB) supervisory and enforcement authority and from the definition of a debt collector under the Fair Debt Collection Practices Act (FDCPA) when engaged in legal proceedings....
Read MoreThe Nature and Necessity of Damages Hearings in Ohio
September 6, 2018 | David Mullen, Esq.Occasionally, some courts require parties to prove their damages at a hearing. This is sometimes the case when actions are resolved through motions for default judgment. These hearings usually involve simple presentations of evidence after liability has already been established. However, they can cause a great deal of frustration, especially when judgment as to liability was entered through default, as they require creditor and attorney time, preparation, review, and attendance in court. Some courts also view these damages hearings as another "chance" for a previously disinterested defendant to appear and litigate the matter....
Read MoreFirm News
- Weltman Shareholder James G. Kozelek Elected Recording Secretary for the Commercial Law League of America
- Weltman, Weinberg & Reis Co., LPA Welcomes Attorney Courtney A. Martin to Philadelphia Office
- Weltman's Jason K. Wright Expands Firm's Bankruptcy Footprint to Include Arizona Courts
- Managing Shareholder Scott S. Weltman Testifies in front of the House Committee on Financial Services
- Weltman, Weinberg & Reis Co., LPA Attorney Charles Andrew Walgreen Named to 2019 List of Illinois Rising Stars
Alerts
- Now in Effect: New Requirements for Reporting Elder Abuse in Ohio
- No Joke: The Ohio Statutory Exemption is Increasing on April 1st – Is Your Organization Ready?
- An Analysis of Ohio's New Requirements for Private Selling Officers, Junior Lienholders, and Mortgage Servicers
- Coming Soon in Ohio: Online Notarizations
- The Dodd-Frank Amendments and the Resurrection of the Protecting Tenants at Foreclosure Act