Oregon Collection Lawyer in Hot Water Over Suits
The state bar has gone after Derrick McGavic after 35 complaints are filed against his firm over 10 years, as the Eugene, Ore. lawyer faces several consumer suits claiming FDCPA violations.
A leading collection attorney in Oregon is the target of action by the Oregon State Bar and is the defendant in at least two lawsuits filed by consumers over violations of the Fair Debt Collection Practices Act. The grievances are a part of a building chorus of calls against collection lawsuits filed on behalf of agencies and debt purchasers.
Derrick McGavic, head of The Law Offices of Derrick E. McGavic in Eugene, Ore., faces possible disciplinary action by his state’s bar due, in part, to some 35 official bar complaints filed against the firm in the past 10 years, according to local paper Willamette Week.
But the bar’s complaint against McGavic focuses on one case where he is alleged to have continued to contact a consumer after he was informed the consumer had retained legal counsel. In addition, McGavic is accused of seeking a default judgment in the case without properly notifying the defendant.
Kateri Walsh, a spokesperson for the Oregon State Bar, told insideARM that “an ethics case against McGavic has been approved for prosecution.” Walsh said that if McGavic is found guilty he could face a range of penalties, including public reprimand, suspension of his law license for a period of 30 days to five years, and disbarment.
McGavic faces two federal lawsuits over FDCPA complaints filed in January on behalf of consumers by Keith Karnes, a Portland, Ore. lawyer who has represented clients in suits against McGavic and other debt-collection attorneys. The suits, filed in U.S. District Court in Portland, allege that McGavic threatened consumers in initial contacts with jail.
McGavic did not return insideARM phone calls and his Web site Monday reported it was "currently closed for maintenance."
The actions against McGavic may be a reflection of efforts across the country to reduce the number of lawsuits filed against consumers by debt collectors and purchasers.
At the debt collection workshop held by the Federal Trade Commission in October of last year, both consumer and collection attorneys acknowledged lawsuit volumes are increasing (“Collectors, Consumers Disconnect at FTC Workshop,” Oct. 11, 2007). Karnes told the Willamette Week that he “is busier than he should be” in defending consumers against lawsuits.
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Comments
Comment from Mr. MRH on October 20, 2008 at 4:03PM EST
How do I file a complaint against this gentleman and his firm. He is harrassing me for a debt I do not owe and will not work to celar this up.
Comment from Harassed on November 20, 2008 at 4:08PM EST
I would like to find out how to file a complaint against his office as well. They were rude and took money from my accounts without prior notice. They also didn't follow the laws of not obtain my child support and part of my wages.
Comment from marycurth on November 24, 2008 at 4:16PM EST
Derrick McGavic's office has given my developementally disabled grandson papers for myself, with no adult present. The papers were dated june, were delivered in November to a disabled miner, and I just found them today Nov,23. I also asked courts for mediation,had no court date, but still being hasseled by this firm
Comment from Anonymous on November 25, 2008 at 6:01PM EST
Anyone know what is going on with this lawsuit against McGavic?
Comment from David Dawson on November 29, 2008 at 3:53PM EST
I would like to add that this law firm is attempting to pursue me for an account that is barred from collection by the statue of limitations.
Comment from Anonymous on December 2, 2008 at 3:16PM EST
Apparently the Oregon Bar only reprimanded him publicly. This past month after his reprimand I guess he filed over 30 more lawsuits. Too bad this snake doesn't crawl back into his hole.
Comment from THamilton on December 3, 2008 at 2:00PM EST
Maybe the Dept of Justice should get involved. My daughter is fighting him now also. Class Action Lawsuit?? He must have "idiot" as requirement for employment with him!!
Comment from Dsperin on December 9, 2008 at 3:38PM EST
I've got this guy on me as well. He calls my home 5 times a day, but no one is on the line. It's like an automatic dialer without a recording. When I try to call the number on the caller ID back to talk with someone, I can't get a live person OR a recording. I really hate this man!
Comment from Broke in Brooks on December 10, 2008 at 6:20PM EST
The man was'nt happy with a $100.00 a month payment from me,and now has a garnishment going on aginst me and is taking over $500.00 a month that I can NOT afford! We need help putting this guy thru some of his own missery!
Comment from db on December 17, 2008 at 9:34PM EST
McGavic garnished my bank account on a debt my wife owes, i had no prior notice about this situation, but has left me with no money and unfortunetly I have a medical condition that I need medication for. I haave explained to them about this, but they will not release my account from the garnishment. the account is mine, but they put a freeze on it. what can i do, I need that money unfrozen and it seems i'm screwed. unhappy and unhealthy. it seems they dont care about the medication I need....it's all about the money.
Comment from Anonymous on January 2, 2009 at 6:45PM EST
I filed a complaint with the attorney generals office. I dont understand why this attorney and others for Unifund are able to practice any type of law if they have be warned verbaly and written up. I know for a fact if I had as a many written and verbal warnings as Derrick McGavic I'd be terminated.