Vermont Debt Collection Laws: Vermont, Naturally

Today, April 8, 2013, The National List published the white paper on debt collection law in Vermont, written by Spencer B. Lythgoe, Esq., a Utah-licensed attorney. The National List currently does not have a member attorney practicing in the state of Vermont who was able to write a white paper for us. For our creditors who plan on doing collection business in VT, we want to provide answers to at least some of the questions you might have, as well as direct you to some sources you could check out as needed. To that end, we asked Spencer to do the research and write the paper for us. He graciously accepted.

Spencer received a Bachelor’s Degree in Mathematics from Brigham Young University and a Juris Doctor from William & Mary School of Law, where he was a member of the William & Mary Law Review. He has worked for over five years as an attorney/law clerk for the Second District Court for the State of Utah in Ogden, where he has performed legal research on a vast range of subjects, including debtor-creditor actions, and drafted numerous written opinions. He was recently hired as an associate at a law firm specializing in debt collection.

Although it is short, Spencer feels that the paper adequately covers the laws governing debt collection in VT, “of which there aren’t many.” He told us that because VT is an “old state,” many of the laws have been on the books for decades and not revised to meet changes in the way business is conducted today. Some of Vermont’s legal terminology reflects this. Wage garnishment in Vermont is referred to as “trustee process against wages.” A debtor examination is known as a “supplemental proceeding.”

Spencer Lythgoe

From the paper, we also learned that Vermont does not require creditors, collection agencies, debt buyers, or Vermont-licensed attorneys to be specially licensed, registered, or bonded in order to engage in debt collection. For an attorney licensed in another state to engage in litigation practice in Vermont, the attorney must first file a pro hac vice licensing statement with the court administrator and pay a $200 fee. See the paper and here for more information.

Spencer advises, “Debt collectors and creditors should be aware of Vermont’s consumer protection act, located in Title 9, Chapter 63 of the Vermont Code.”

If you are looking for a NL Member Attorney in VT, these firms would be happy to help you. You can find more information about them on The National List website, www.nationallist.com.

Mayer & Mayer, ilerdon@mayerlaw.com

Kazlow & Kazlow, gkazlow@prodigy.net, www.kazlowandkazlow.com

Ragan & Ragan, PC, wprjr@raganlaw.com, www.raganlaw.com

Born and raised in Massachusetts, Spencer is an avid fan of all the professional Boston sports teams. He and his wife and 3-yr-old daughter live in South Ogden, Utah. They are excited to welcome a “baby brother” sometime in May.

The National List thanks Spencer for submitting this paper and for telling us something about himself. You can access the paper at http://www.nationallist.com/white_papers/vermont.