Mark Colombell and Bert Musick spoke at the combined annual convention for the Virginia Collectors Association and the Mid-Atlantic Collectors Association. They presented a simulated judicial settlement conference in a case alleging FDCPA and TCPA violations. Mark Colombell took the uncomfortable role of plaintiff’s attorney as Bert Musick represented the defendant. Rick Perr, an outstanding…
Recently, Bert Musick, David Ruby and I had the privilege of organizing and participating in a fraud prevention program for community banks throughout Virginia. What made this presentation “unique” was the opportunity to bring together experts from the private and public sectors to speak to the community banks on a wide range of issues that…
District Court Judge John A. Gibney granted a defense motion to compel arbitration of a class action complaint alleging FDCPA violations. The defendants, a lawyer and his law firm, relied on an arbitration provision contained in the underlying credit card agreement between the creditor and the plaintiff. The credit card agreement read in part: “Whose…
Paul Izzo and Shawn Majette are speaking at the 23rd Annual Virginia Geriatrics Conference in Short Pump on April 23, 2012.
Shawn Majette will speak at Brain Injury Association of Virginia Chesterfield / Powhatan Support Group at Woodlake Methodist Church Hampton Park Campus on April 2, 2012 from 6:30-8pm regarding Medicaid trusts, estate planning, etc. for adults with brain injuries.
When a financial institution is sued in federal court, the first question is usually: “How quickly can we get this case thrown out?” One of the most effective mechanisms for challenging a faulty Complaint is through Rule 12(b)(6). However, Rule 12(b)(6) only determines whether a plaintiff has set forth sufficient facts to support a claim. …
Defendants in consumer protection cases filed in Virginia state courts usually have a choice to make about where to defend the case: state or federal court. Most consumer plaintiffs seek relief under state and federal statutes. The federal question allows for federal jurisdiction and removal to the US District court becomes an attractive option. Why…
The US Supreme Court recently held in CompuCredit Corp v. Greenwood that an arbitration provision in an agreement subject to the Credit Repair Organizations Act (“CROA”) may be enforced even though CROA requires a disclosure advising consumers of their right to sue for a violation of any rights provided by CROA. CROA also prohibits the…
We recently had a case dismissed for lack of subject matter jurisdiction where a plaintiff rejected an offer of judgment that would have granted him all of the relief he was entitled to. Offers of judgment can be effective in encouraging early resolution to lawsuits when they are properly crafted. Most federal consumer laws contain…
Shawn Majette will speak to the Brain Injury Association of Virginia about protective Medicaid trusts, estate planning, etc. on Monday, April 2, 2012 from 6:30 to 8:00 PM.
A joint meeting with the Mid Atlantic Collectors Association (MACA) and the Virginia Collectors Association is planned for April 23-24, 2012, at the beautiful Historic Inns of Annapolis-Governor Calvert House in Annapolis, MD. Educational offerings will include ACA’s Patrick Morris (CEO) on State Issues and a second session on CFPA; and “Advocacy: Issues and Challenges…
By Dewey B Morris | The Code of Virginia contains several statutes of limitations dealing with the enforcement of a deed of trust. If a deed of trust contains a maturity date, it may be enforced for a period of ten years after the stated maturity date. If a deed of trust does not contain…
By Robert R. Musick | Fourth Circuit says that repossessing a car is collection activity subject to the FDCPA. On January 5, 2012, the Fourth Circuit reversed a Maryland District Court judge who dismissed an FDCPA case on the grounds that repossessing an automobile was not collecting a debt as defined by the FDCPA. The…
As seen in the Richmond Times Dispatch, February 26, 2012. There are many common misconceptions regarding Medicare and Medicaid, including what it covers and when people become eligible. Understanding these myths can help your family plan and prepare. Myth: Medicare and Private Insurance will cover the cost of long term care when my parent goes…
Paul Izzo to speak at Bon Secour’s Caregiver Support Group regarding running out of Medicaid money and what the options are. The date is Wednesday, April 11, 2012 from 4:00-5:00 PM.
By Shawn Majette, Esq. | Facts & Findings March/April 2011 Facts & Findings This article strives to identify a manageable bit of a broad topic: the presumption of fraud in typical civil cases arising from criminal prosecution for financial exploitation against the elderly. Following is a way of approaching the most typical case of “financial…
Nine ThompsonMcMullan attorneys are named in the 2011 Super Lawyers listing. They are: Shawn Majette-Elder Law Chris Malone-Business Litigation Grice McMullan-Real Estate Dewey Morris-Consumer Law David Ruby-Bankruptcy (Also named a Top 50 Lawyer) John Thompson-Business/Corporate William Tunner-Civil Litigation Defense In the Rising Star category: Tom Lane-Civil Litigation Defense Neil Talegaonkar-Labor and Employment
Shawn Majette on Medicaid at Senior Law Day put on by the Northern Neck Bar Association in Callao, VA on March 24, 2012.
Shawn Majette spoke on February 24-25, 2012 in Charlottesville, Va to the Virginia Academy of Elder Law Attorneys on the topic of “Unprogram.”
Va CLE – Elder Law Basics www.vacle.org Speaker: Shawn Majette When: February 2, 2012 Where: Fairfax VA
By Mark R. Colombell | A borrower can move to set aside a confessed judgment by filing a motion with the Court within twenty-one (21) days after he has received proper notice that judgment has been entered. In order to set aside a confessed judgment, the borrower must set forth grounds that would have been…
By Dewey B. Morris | In a case decided on December 14, 2011,[1] the 4th Circuit held that a rescission notice based on Model Form H-8 was sufficient even though the mortgage loan was a refinancing for which Model Form H-9 was designed. The Court said Model Form H-8 contains all information required by TILA and…
By Robert R. Musick | The FDCPA has an expansive definition of who constitutes a debt collector. This definition snags attorneys, collection agencies, and trustees among others. As with any definition, there are exceptions. For example loan servicers and mortgage lenders are not debt collectors. A creditor collecting its own debt is not a debt…
By Robert R. Musick | Mortgage lenders and servicers are beset with lawsuits alleging that the notes and deeds of trust they hold are somehow unenforceable. While the internet is often a useful tool for research, it can also give false hope and truly incense borrowers. Virginia, unlike other states, is a non-judicial foreclosure state,…
By Robert R. Musick | Validation of a debt can be a sticky situation. Some third-party collectors receive very little information from their client when a debt is placed with them for collection. Here are some things to remember regarding validation: If the validation notice is not contained in the initial communication, it must be…
By Dewey B. Morris | When mortgage lenders and brokers plan to advertise, they must remember that “advertising” is broadly defined and there are at least three separate regulations that must be reviewed to determine if the ad is appropriate. These regulations dictate what must be in an ad, what cannot be in an ad…
By Dewey B. Morris | The Consumer Financial Protection Bureau has recently published for comment another draft of a combined Truth in Lending-RESPA disclosure mandated by the Dodd-Frank Act. The new form will replace early truth in lending disclosures and the Good Faith Estimate currently required under RESPA. The theme of the proposal is “Know…
By Mark R. Colombell \ Promissory notes almost always contain a provision for an award of attorney’s fees. Often, the attorney’s fee provision provides for an award of a percentage amount of the unpaid debt (e.g. 25% of the unpaid principal). The question that naturally arises is what happens when there is a large discrepancy…
By Dewey B. Morris | A number of Federal and Virginia laws require creditors extending consumer credit to maintain records for a specified period of time. One of these laws is the Virginia Payday Loan Act which requires records to be kept for three years after the loan is paid. A recent Virginia Supreme Court…
By Adam Nelson, anelson@t-mlaw.com Business tenants tend to leave behind property that they think is worthless or just “not theirs,” whether because it was leased, financed, etc. On the other hand, some business tenants have not really left behind the property; rather, they are just “storing” the property there until they decide what to do…
By Adam Nelson, anelson@t-mlaw.com The tenant is now in control of the lease, and the landlord generally cannot take action against the tenant for pre-petition funds due or for possession of the leased premises. However, all is not lost for commercial landlords, as there are some favorable provisions in the bankruptcy code that specifically benefit…
By Adam Nelson, anelson@t-mlaw.com Possibly, but really only if the landlord has very clear language in the lease about the default and the lockout remedy. And even then, there are many risks to the landlord with doing lockouts. As most commercial landlords generally just want their money or their empty space back, the better course…
By Shawn Majette, smajette@t-mlaw.com The elder lawyers at ThompsonMcMullan want you to know. The answer is the brand spanking new Virginia Advance Health Care Directive Registry. The Registry is open to any Virginia resident and will allow you to post in a completely secure, private site your advance directives and other important legal documents. You can…
Mark Colombell and Robert Musick spoke at the September 20, 2011 and February 28, 2012 Annual Meeting of the VCBA in Richmond, Virginia. Their topic was Defending the FDCPA Action in the 4TH Circuit.
August 4, 2011 – R. Shawn Majette to speak to the V.A. Medical Center emergency physicians regarding emergency department law September 14, 2011 – R. Shawn Majette to speak at the 20th Annual VA CLE Advanced Elder Law Seminar at Richmond Crowne Plaza West. www.vacle.org September 22, 2011 – Cedarfield Health Fair – Paul G. Izzo…
Virginia Collectors Association, Inc., June Newsletter By Robert R. Musick and Mark R. Colombell We learn a lot about the Fair Debt Collection Practices Act (“FDCPA”) from litigation. Despite the fact that the FDCPA contains only 18 sections and can be read in less than 15 minutes, it is far from being the model of…
Robert R. Musick spoke at the Internal Audit Seminar for Community Banks on May 6, 2011, sponsored by the Virginia Association of Community Banks. His presentation included information on fraud identification, prevention, and recovery affecting community banks. Mr. Musick provided insight and tips for protecting and recovering assets through bankruptcy proceedings and civil law suits. …
FOR IMMEDIATE RELEASE CONTACT: Carol Byrne, Media Relations Office: 703.293.7500 ext. 7584 Email: carol.byrne@crsoftwarellc.com http://www.crsoftwarellc.com/release_05182011.html Compliance Key For Successful Collections Fairfax, VA, May 18, 2011 – Robert R. Musick, practicing attorney with Thompson McMullan in Richmond, VA and key note speaker at the 2011 CR Software Users Conference May 11-13, told a standing room only…
By Daniel Casciato As Seen in: Medical Office Today Have you paid close attention to the terms of the holdover clause in your lease recently? Some physicians are charged up to 200% of the original monthly rent to stay in their space a few months after their lease expires. Did you know that before you…
By Robert R. Musick and Mark R. Colombell as seen in Virginia Collectors Association, Inc. March 2011 Newsletter We all know that the Fair Debt Collection Practices Act is a strict liability statute. There is, however, an exception to this rule; and that is when a collector can prove that a violation was unintentional and that…
A half-day program put on by ThompsonMcMullan covering: Reporting Requirements and Best Practices for Filing Reports Pursuant to the Bank Secrecy Act; Detecting and Preventing Internal and External Fraud; Identifying Risks and Costs Related to Internet and Mobile Delivery Systems; Update on Virginia Legislation; and Update on Dodd-Frank Act. Held April 14, 2011 at the Willow…
Elder lawyer Shawn Majette will be offering the following talks over the next three months. Feb 25-26, 2012 Mr. Majette will present in the 4th Annual VAELA Unprogram, Meet the Experts in Charlottesville at the Boars Head Inn (www.vaela.org) March 4, 2012 Mr. Majette will be take part in a…
By Robert R. Musick, Esq., and Mark R. Colombell, Esq. | Like so many other industries, the practice of law evolves rapidly and enterprising plaintiffs’ attorneys are like lions stalking wounded prey. The collection industry has been in the cross-hairs of public opinion for some time and we have taken some shots. It is rare for a…
News Release Congratulations to ThompsonMcMullan’s Twelve Legal Elite Twelve of ThompsonMcMullan’s attorneys have been named to Legal Elite by Virginia Business Magazine. Mark R. Colombell in Construction Robert A. Dybing in Civil Litigation Brad King in Legislative/Regulatory/Administrative R. Shawn Majette in Taxes/Estates/Trusts/Elder Law Christopher M. Malone in Civil Litigation C. Grice McMullan, Jr. in RealEstate/Land…
While the need for estate planning, including wills or trusts, for Boomers (of whom I’m a card carrying member) is the same as it is for individuals of all ages, there are a few identifiable trends that seem particularly relevant to Boomers. Blended families. It has become increasingly common in my practice to work with clients…
ThompsonMcMullan Attorney Adam Nelson presented How Bankruptcy Affects the Lease at the National Business Institute CLE. As part of the one day conference on Commercial Leases: Negotiating Key Provisions Adam covered: How Bankruptcy of a Tenant Can Affect a Lease; Bankruptcy Considerations During Lease Negotiation; Requirements for the Assumption of Leases; and Rejection of the…
By Robert R. Musick and Mark R. Colombell In the recent case of Sunga v. Rees Broome, P.C., 2010 U.S. Dist. LEXIS 81970 (August 12, 2010), a Federal judge in Alexandria denied a debt collector’s motion to dismiss causes of action under the Fair Debt Collection Practices Act (the “FDCPA”). The Court found that a Plaintiff…
Virginia Lawyers Media is pleased to announce R. Shawn Majette is a member of the 2010 class of Leaders in the Law . This program, now in its fifth year, aims to honor the lawyers who are setting the standard for other lawyers. We recognize attorneys and professionals in law-related fields who have a significant…
By Edward E. Zetlin, Esq. Edward Zetlin practices elder and disability law with Needham, Mitnick & Pollack in Falls Church, Va. He is an adjunct Professor of Law at American University’s Washington College of Law where he teaches Elder Law and Trusts and Estates. A past President of Virginia’s state NAELA Chapter, Mr. Zetlin formerly…
By R. Shawn Majette, Esq. | Involuntary civil commitment is the only legal proceeding known to my grey hairs by which the state deprives a person of liberty without proof of a criminal act or a civil contempt.1 Fortunately for all of us, and especially your writer, the law has been settled since at least…
Nine ThompsonMcMullan attorneys selected for inclusion in the 2010 Viriginia Super Lawyers include; John Gibney for General Litigation, R. Shawn Majette for Elder Law, Christopher Malone for Business Litigation, C. Grice McMullan for Real Estate, Dewey B. Morris for Consumer Law, and John B. Thompson for Business and Corporate. Those selected for inclusion in the…
Ramifications from the Repeal of the Removal Statutes Prior to April 2007, attorneys had the right to remove a case filed in General District Court to Circuit Court if certain criteria were met. More specifically, Va. Code § 8.01-127, 127.1 and 16.1-92 (the “Removal Statutes”) permitted a defendant to remove a case to Circuit Court if:…
8/31/2010 – R. Shawn Majette at MEDS/PDN seminar in Richmond on “Medicaid Planning” (www.meds-pdn.com) with Mark Christopher, Esq. 9/15/2010 – R. Shawn Majette Moderater for 19th Annual VA CLE ADVANCED ELDER LAW Seminar (www.vacle.org) at Waterford Fair Oaks in Fairfax VA 9/22/2010 – R. Shawn Majette at UVA’s “Aging and the Law” law school class…
It came up as an afterthought during a conversation the client had with his attorney. He was about to offer the position of manager of his retail store to a candidate who had a lot of “people skills,” but he wondered if he should make further inquiries into the almost-employee’s background. “We do that,” the lawyer…
Part two of a conversation with Elder Law Attorney Shawn Majette on Dangerous Elder Law Myths. Mr. Majette explores Wills, Advanced Directives, and Power of Attorney. Please link here to here the interview.
Part one of a conversation with Elder Law Attorney Shawn Majette on Dangerous Elder Law Myths. Mr. Majette explores the differences between skilled and custodial care, nursing homes versus assisted living, and Medicaid and Medicare. Please link here to here the interview.
Did You Know That As An Employer, You Now May Have An Additional Legal Requirement With Which To Comply? On February 4, 2009, President Obama signed the Children’s Health Insurance Program Reauthorization Act of 2009 (“CHIPRA”). CHIPRA extends and expands the State Children’s Health Insurance Program (“SCHIP”). CHIPRA contains several provisions that affect employer sponsored group…
Seven of ThompsonMcMullan’s attorneys have been named to Legal Elite by Virginia Business Magazine. Mark R. Colombell in Construction, Robert A. Dybing in Civil Litigation, R. Shawn Majette in Taxes/Estates/Trusts/Elder Law, Christopher M. Malone in Civil Litigation, C. Grice McMullan, Jr. in RealEstate/Land Use, Neil Talegaonkar in Business Law, William Tunner in Alternative Dispute Resolution.…
By Sheila Berry, Paralegal at ThompsonMcMullan The story of Little Blue Riding Hood is true. Only the color has been changed to prevent an investigation. –Stan Freberg When we think of investigators, we think of police detectives, private investigators, or, given the popularity of television shows like CSI, forensic specialists. Although litigation paralegals are unlikely to…
Virginia Lawyers Media is pleased to announce Christopher Malone is a member of the 2009 class of Leaders in the Law. his program, now in its fifth year, aims to honor the lawyers who are setting the standard for other lawyers. We recognize attorneys and professionals in law-related fields who have a significant accomplishment or…
Dangerous Elder Law Myths 1. Myth: Medicare and Private Insurance will cover the cost of long term care when I go into a nursing home. Medicare only pays for limited coverage in a nursing home and only after a hospital stay of at least 3 days. The care must be “skilled care” and the program…
Elder Law attorney Paul Izzo spoke on November 18, 2009 about how Guardianship can sometimes be a difficult decision for a family to make. Planning ahead can sometimes avoid the need for guardianship, and understanding the process can lessen the burden if it is necessary. The event was held in Charlottesville, VA. http://www.vacle.org/php-bin/ecomm4/products.php?product_id=2312
Register for this course Cosponsored with the Alzheimer’s Association, Central and Western Virginia Chapter Program Level: Intermediate-Advanced COURSE PURPOSE You are appointed guardian ad litem for an alleged incapacitated person in a guardianship proceeding. What exactly do you do? • How do you communicate with this person? • How do you know if the person…
11/4-6/09 Va Poverty Law Center guardianship program, Williamsburg, Shawn Majette will speak. Registration brochure (no longer available).
Buying distressed companies at discounts Strategic acquisitions Sale of a portion of the ownership Stockholder disputes Purchasing passive shareholder interests Succession Ownership and Leadership Financing Alternatives Overall credit markets’ effects on transaction pricing Keiter Stephens accountants, ThompsonMcMullan lawyers, and Virginia Capital are pleased to offer an afternoon of insights, advice, and strategies on how to…
10/24/2009 – Shawn Majette will speak at annual Tappahannock Senior Law Day at the Essex County General District Courthouse for the Northern Neck Bar Association.
10/3/2009 – R. Shawn Majette spoke to Post-Polio Support Group’s annual Fall meeting at the Children’s Hospital www.cvppsg.org 10/5-6/2009 – R. Shawn Majette at Mental Health Law Reform – Commission Meeting – Richmond – Sheraton West 10/13/2009 – Paul Izzo speaking to group of community resource providers for Henrico Mental Health regarding guardianships 10/14-18/2009 –R. Shawn Majette…
As seen in Virginia Lawyers Magazine, October , 2009 Virginia requirement for withholding tax by pass-through entities Robert A. Warwick and Richard L. Grier In 2007, the Virginia General Assembly added § 58.1-486.2 to the Code of Virginia (the “Code”) to require pass-through entities (e.g., S corporations, partnerships, LLCs) doing business in Virginia to “pay…
10/14-18/2009 – Shawn Majette is attending the Fall meeting of the Special Needs Alliance in St. Petersburg, FL in conjunction with attendance at the annual Stetson School of Law Special Needs Trusts National Conference for SNA and for Stetson program.
10/3/2009 – Alzheimer’s Memory Walk – ThompsonMcMullan sponsor. Join our team or get information about the walk.
10/3/2009 – Shawn Majette will speak to Post-Polio Support Group’s annual Fall meeting at the Children’s Hospital.
9/29/2009 – Shawn Majette will speak at annual law school class for professor T.R. White “Aging and the Law” at University of Virginia.
Disease and Other Forms of Dementia: Issues and Answers for Attorneys Overview of Alzheimer’s Association and other community Resoiurces available to Virginia attorneys Signs and Symptoms of Alzheimers How to Communicate with Clients Who Have Alzheimers Ethics Concerns when dealing with clients who have Alzheimers or other dementia Click for more information on this CLE.
VIRGINIA COMMERCIAL LENDING LAW A Guide for Commercial Lenders and Businesses Wilson R. Trice, Director ThompsonMcMullan, P.C. Richmond, Virginia TABLE OF CONTENTS BASIC LEGAL STRUCTURE General Law The Virginia Court System Required Qualifications to Do Business – Foreign (Non-Virginia) Business Entities Licensing Requirements Taxation Virginia Contract Law Virginia Promissory Notes…
By Sheila Berry, Paralegal at ThompsonMcMullan and Larry Ytuarte, Ph.D. In less than a generation, breakthroughs and innovations in research and development have turned the stuff of science fiction into fact. Computers, the internet, cell phones and their various combinations have changed our lives in ways unimaginable just twenty years ago. The use of science to answer…
Dewey B. Morris and Robert R. Musick, are providing training for Licensees under the Virginia Mortgage Lending and Broker Act. This training is sponsored by the Virginia Association of Mortgage Brokers.
Reprinted with permission of NALA, The Association of Legal Assistants/Paralegals. The article originally appeared in the August 2008 issue of Facts & Findings, NALA’s quarterly magazine for paralegals. The article is reprinted here in its entirety. For further information, contact NALA at www.nala.org or phone (918) 587-6828.
By Dewey B. Morris | This article contains a summary of actions taken by the 2009 session of the Virginia General Assembly pertaining to Consumer Financial Services. Download the article (pdf).
Insight An individual may be subject to Virginia resident income tax even though he or she resides outside of Virginia if the individual has established, and has not abandoned, a Virginia domicile. Analysis An individual who is a resident of Virginia is subject to Virginia income tax on his or her entire income, whether generated…
Founding partners C. Grice McMullan and John B. Thompson, as well as President and Managing Director Christopher M. Malone, and firm members John A Gibney, Jr., Dewey B. Morris, and R. Shawn Majette have been selected by their peers for inclusion in Virginia’s Super Lawyers 2008 edition. Mr. McMullan was recognized for his work in…
Powhatan County, represented by Bob Dybing, recently prevailed in a long running zoning dispute filed by a developer, who claimed the County had violated his Fourteenth Amendment rights to due process and equal protection by denying his request to rezone 250 acres of land to residential use. U. S. District Judge Robert Payne granted Powhatan…
By Dewey B. Morris | This article contains a summary of actions taken by the 2007 session of the Virginia General Assembly pertaining to Consumer Financial Services. You can view the article here (PDF).
Tom Lane raised $2,570 for the Muscular Dystrophy Association while participating in the Downtown Lockup on March 27. The event raised over $14,000 for the association.
On Tuesday, March 18, Sherry Fox was voted to join the Board of Directors for Hilliard House, a program that assists homeless women and their children to build their capacity to live productively within the community. Hilliard House was opened in 2000 by the Henrico Community Housing Corporation, a non-profit corporation focused on community development.…
Simulated Judicial Settlement Conference in a Case Alleging FDCPA and TCPA Violations
Two Common Elder Law Myths
Virginia Geriatrics Conference
Nine TM Attorneys Named in 2011 Super Lawyers
