The area of Creditor's Rights has become increasingly complex over the past two decades as a result of the proliferation of consumer protection statutes by the Federal and State governments. In Michigan, a creditor seeking to collect past due accounts and to minimize its claims must be diligent in its collection practices while at the same time remaining conscious of the numerous laws affecting how and when a debt may be pursued.
The Kitch firm prides itself on maintaining a group of attorneys that specializes in the collection of debts and the protection of creditors that pursue those debts. Kitch is not a "collection mill" that simply brings in claims and processes forms. Rather, it recognizes that each client and each case presents distinct facts and legal issues that must be considered in forming a successful litigation strategy. For this reason, each matter is examined on a case-by-case basis to ensure that a unique, aggressive and effective approach is pursued for each client and each case. In representing a wide range of commercial entities, it is the continuing goal of the Kitch firm to provide up-to-date, accurate and intelligent ways for its clients to reduce outstanding receivables and protect against unintended collection practices that could result in legal action by a disgruntled consumer.
Our clients include commercial and residential landlords, title agents, collection agencies, insurance companies, lenders, and healthcare providers. Our practice includes commercial collections, defense of consumer claims, actions on leases, actions on guaranties, foreclosures, escrow claims, and payoff error claims for title companies.
Kitch attorneys represent clients in all areas involving creditor's rights, including:
State Courts: Commercial collections in State Courts, including District Court (less than $25,000) and Circuit Court (more than $25,000). Defense of consumer claims based upon the consumer protection laws of the State of Michigan, such as the Michigan Consumer Protection Act, the Michigan Collection Practices Act and the Occupational Code.
Federal Courts: Defense of consumer claims in Federal Court based upon the consumer protection laws of the Federal Government, including the Federal Fair Debt Collection Practices Act and Fair Credit Reporting Act.
Contracts and Agreements: Commercial and residential leases, guaranties, contracts, payoff error correction agreements (escrow claims), and employee practice guides.