Bank Fraud, Phishing and Checksystems Case

Phishing is a cybercrime in which a target or targets are contacted by email, telephone or text message by someone posing as a legitimate institution to lure individuals into providing sensitive data such as personally identifiable information, banking and credit card details, and passwords. The information is then used to access important accounts and can result in identity theft and financial loss. Everyone makes mistakes. Customers make mistakes. Banks make mistakes. Statistics show that phishing generally occurs when someone least expects it. We have found that it is becoming more and more commonplace for online institutions to request sensitive information from customers in order to proceed with transactions.

Several of the institutions researched by this firm do this on a regular basis and legally work, on this basis, with large banks and financial institutions. So, as of 2018, a precedent has been set. While most “old school” customers would never give out sensitive information such as online banking user id’s and passwords, many younger customers are readily doing so for a number of reasons that include, but are not limited to, obtaining credit cards and loans. Simply put, the new “tech savvy” generation is more familiar with doing transactions online than simply approaching an established bank or lending institution.

In a recent case, a customer was approached by an online institution with an apparently known name and legitimate email address. Information was provided. The customer’s bank called days later and informed him or her that they were shutting down their account and reporting them to ChexSystems for fraud because several counterfeit checks had been deposited into their account by “mobile banking.” Chex Systems, Inc. (ChexSystems) is a nationwide specialty consumer reporting agency under the federal Fair Credit Reporting Act (FCRA). ChexSystems’ clients regularly contribute information on closed checking and savings accounts. ChexSystems provides services to financial institutions and other types of companies that have a permissible purpose under the FCRA. ChexSystems’ services primarily assist its clients in assessing the risk of opening new accounts. https://www.chexsystems.com. In this case, no investigation was made as to who actually committed the fraud and now the customer cannot open up any account at that institution ever again and also is blocked from opening up a new account with another bank. The customer had never even used mobile banking before.

Thrift & McLemore’s attorneys are well versed in bank fraud litigation and phishing scams.  Contact Thrift & McLemore by email at [email protected] or by phone at 678-784-4150 to discuss how we can assist you.

Georgia Small Business Debt Collection Suggestions

Georgia Small Business Debt Collection:  It is no secret that the key to running a successful business is a healthy bottom line.  Businesses need profits to continue operating, paying their bills, and their employees.  For small businesses especially, every little bit counts, and it is important to keep an eye on everything coming in and going out.  This is why it can be especially devastating to small business owners when customers do not pay their invoices on time.  These delinquencies can create solvency issues for the business that may ultimately threaten its own ability to pay bills on time.

Some degree of invoice delinquency is simply unavoidable.  Be it a dispute regarding the service performed, solvency issues on behalf of the customer, or just people looking for a free ride – certain customers just do not pay their bills.  There are certainly means to address these customers, but there are also steps you can take as a small business in Georgia to minimize delinquent invoice accounts.

Keep your cool.  It is a natural reaction to become hostile with a customer who will not pay their bill after you have performed a valid service.  While you have every right to be frustrated, taking it out on the customer will be of no service in getting that bill paid.  Once hostility is introduced to the matter at hand, cooperation likely goes out the window.

Stay Organized.  This is critical in dealing with overdue invoices from a customer.  Businesses need to have great documentation of outstanding receivables, including each invoice delivered and the respective due date.  It should also monitor each time the customer received correspondence from the business, and the means by which this was done (mail, email, or phone).  Debt collection law in Georgia can be complicated, and keeping records like this will ultimately help down the road should the dispute turn into a lawsuit.

Remain Diligent.  While you may feel that you are at the mercy of the client, remember that this is a valid debt.  While remaining respectful, you should use every tool at your disposal to be paid for the work you have performed.  Regularly contact the customer.  It may be an honest mistake at first, and simply reminding the customer of the bill does the trick.  This can be done via a quick phone call or resending of the invoice.  If this does not work, you can institute a deadline for payment.

Know your options.  If you have followed all of the steps above and still gotten nowhere, it may be time to hire some help.  Many debts in Georgia can be considered delinquent after 90 days, at which point it is possible to take legal action.  Introducing a collections attorney can help to navigate the legalities of debt collection while turning up the pressure on the delinquent client.  If all else fails, this attorney can file a lawsuit for the debt.  An experienced attorney will be able to walk you through all of the necessary requirements for taking action of last resort.

If you have questions regarding a delinquent debt for your Georgia business and need some answers, let us help!  Thrift & McLemore’s attorneys are qualified in the State of Georgia to collect debts on behalf of their clients.  Contact Thrift & McLemore by email at [email protected] or by phone at 678-784-4150 to discuss how we can help you and your organization collect on your receivables and delinquent debts.

Collecting on your Georgia Commercial Debt through Garnishments

As a creditor in Georgia, and especially one experiencing delinquent debts, your first objective is to pursue any legal means to obtain satisfaction of the debt owed to you.

Lawyer Atlanta GA

There are many ways for creditors to collect this delinquent debt, with varying degrees of difficulty, all of which depend on how hard the debtor intends to fight payment.

The easiest and most commonly adopted approach involves the use of a qualified attorney or debt collection agent.  This individual or entity will begin by sending either a demand letter or otherwise attempting to contact the delinquent debtor to amicably resolve the debt and get the creditor paid.  Unfortunately, this approach has mixed success.

More common in Commercial debt collection matters, due to the sophistication of parties, and contractual nature of the agreements, the creditor must go to court and receive judgement on delinquent debt in their favor, which then entitles them to act in regards to compel payment.  This judgement is a declaration by the court that the debt is valid, and the creditor can now seek to enforce the debt.

The most common tool used by these newly appointed “Judgement-Creditors” is Garnishment.  Georgia Garnishment Law is found in Title 18 Chapter 4 Article 4 of the Georgia Code, and follows the federal rules generally.  Specifics on the process can be found in OCGA 18-4-4 which outlines the process and period of Garnishments in the state.  There are two ways to enact a garnishment on a delinquent debt once judgment has been granted or the debt otherwise perfected.

The most common of these is a Summons of Garnishment, or simply a bank garnishment.  If a bank is served with this garnishment, they must immediately place a hold on the debtors account and may to the court all funds on deposit at the time of service, plus any additional funds that may be deposited into the account within the next 30 days.  After this thirty-day period, the garnishment is no longer in place.

Although less common, Georgia also allows the perfected creditor to garnish a debtor’s wages by way of a Continuing Garnishment.  After receiving service of a Continuing Garnishment, the employer of the delinquent debtor must pay into the court 25% of the debtor’s net take home pay.  This garnishment remains in place for the lesser of 180 days or the full extent of the debt has been satisfied.  Georgia also allows for renewal of this garnishment, but it must be again filed with the court.

Garnishments are generally filed in the Magistrate Court in the county for which the garnishee is physically located.  Costs may vary county to county, but are typically around $50 for filing, plus the cost for summons of service.

If you have questions regarding a delinquent debt of any kind and are at a loss for how to move forward with collecting it, let us help!  Thrift & McLemore’s attorneys are qualified in the State of Georgia to collect debts on behalf of their clients.  Contact Thrift & McLemore by email at [email protected] or by phone at 678-784-4150 to discuss how we can help you and your organization collect on your receivables and delinquent debts.

Freddie Mac will now allow conventional financing for manufactured housing (Credit: Ben Lane HW)

GSE rolls out new manufactured housing financing

Freddie Mac will soon see no difference between certain manufactured homes and traditional single-family housing from a financing standpoint.  The government-sponsored enterprise announced Friday that it is rolling out a new financing program for manufactured housing that will bring conventional financing to factory-built housing.

The program, which is called CHOICEHome, is a two-year pilot that will allow for conventional financing for certain manufactured homes. The homes that will be eligible for the program have features like permanent foundations and pitched roofs.

Many of these homes also come with energy-saving features like Energy Star Qualified Low-E windows, programmable thermostats and minimum insulation values.

According to Freddie Mac, it will treat loans secured by CHOICEHome like loans that are secured by single-family site-built homes.

“If a factory-built home meets certain specifications, it will be granted a CHOICEHome certification and will be eligible for CHOICEHome financing,” Freddie Mac said, adding that its loan products HomeOne and Home Possible will be available for manufactured housing.

Additionally, Freddie Mac said that appraisers will be able to use site-built housing as a comparable for valuation.

The program is part of Freddie Mac’s Duty to Serve plan, which focuses on supporting underserved markets by financing more rural and manufactured housing and preserving more affordable housing for homebuyers and renters nationwide.

“Today’s manufactured homes can deliver outstanding quality at prices that are up to 50% less per square foot than conventional site-built homes,” Freddie Mac noted. “These savings can enable more Americans to own their own home, even in the face of an ever-widening housing affordability gap.”

According to Freddie Mac, to meet the CHOICEHome eligibility requirements, manufacturers and lenders must follow Department of Housing and Urban Development-code guidelines for the construction and siting of the home in order, and lenders must follow local and state guidelines for manufactured housing titled as real property.

“Finding a home is more difficult than ever because of the ongoing housing supply shortage in many parts of the country, especially when looking for a home at a lower price point,” said Mike Dawson, vice president of Single-Family Affordable Lending Strategy and Policy at Freddie Mac.

“Currently there are more than 22 million families living in factory-built housing, and with that number expected to grow, there’s an opportunity for factory-built homes to address the housing supply shortage and quality housing overall,” Dawson added. “This new generation of manufactured housing might just be the best option for first-time homebuyers, Millennials, and empty-nesters looking to downsize.”

(Credit: Ben Lane HW)

If you have questions regarding manufactured housing finance, let us help!  Thrift & McLemore’s attorneys have assisted numerous companies and individuals in this legal field.   Contact Thrift & McLemore by email at [email protected] or by phone at 678-784-4150 to discuss how we can help you.

Thrift & McLemore Launches Commercial Collections Practice Area

Atlanta, GA – We are pleased to announce the launch of our Commercial Collections practice area.  Our new practice area specializes in handling commercial collections claims in commercial debt recovery and litigation.  Thrift & McLemore’s Commercial Collections practice includes open accounts, unsecured and secured loans, credit cards, automobile loans, student loans, foreign judgments, real property foreclosures and commercial claims.   We represent commercial creditors, financial institutions, government entities, insurance companies, service organizations and certain individuals in recovering commercial loans.

Thrift & McLemore is proud of our record of service to business clients.  The breadth and scope of our practice encompasses:

  • Sale of goods disputes
  • Dealer disputes
  • Distributor disputes
  • Collection on letters of credit
  • Issuing demand letters
  • Bankruptcy workouts
  • Litigation
  • Collection on business agreement defaults
  • Attachments
  • Garnishments

Working together, the location of tangible assets, existing contracts and employment, bank accounts, equity in inventory and other assets, may be located and serve as a basis for recovery.  We are dedicated to the proposition of being a vital part of a client’s credit and recovery.

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