Judgment Obtained Against Boca Raton Woman and Real Estate Agent in Rental Scam
Our debt recovery law firm was retained by a Michigan woman, who after being introduced to an alleged high end Boca Raton property, that was supposedly available for rent, sent $26,000.00 as a security deposit to the owner of the property. The real estate agent failed to disclose a material fact to our client, namely that the restrictive covenants of the HOA did not allow owners to rent the property. After learning of this fact, a little too late, our client demanded a return of the deposit. Both the real estate agent and the property owner acknowledged that the money was due to my client , but the money was no longer available to be returned. No explanation was given to our client and soon, the owner of the property and the real estate agent stopped communicating with our client.
Collection Law Firm
Securing a Judgment was Relatively Easy -How to Collect on the Judgment is the Challenge
Obtaining a judgment for our client was relatively easy. It should be noted that we obtained a judgment against both the husband and wife, the owners of the property as well as the real estate agent. In Florida if a creditor only has a judgment against one spouse, property held as tenants by the entirety are exempt from execution. Because we obtained a judgment against both spouses this exemption will not pose a problem in our enforcement efforts. The other area that has to be addressed even though we have a judgment against both spouses, we would not be able to execute on the homestead property of the owners because of Florida’s constitutional protection of homestead property . Fortunately, we were able to find several properties owned by the owners. Since you may only have one homestead, we are now exploring the possibility of foreclosing on the one of the other properties .
Call and Speak to our Collection Law Firm for Assistance
Our firm prides itself in exploring many avenues of collection. Our debt recovery firm has seen an uptick in fraudulent activity, coupled with the weak economy. There are many people who will resort to many unscrupulous activity when they are desperate enough for money. As for the real estate agent, his license is in jeopardy. We will also explore the agent’s personal assets to attempt to secure the liquidation of the judgment for our client. As our debt collection attorney is beginning to piece together a solid debt collection strategy for our client, it is still too early to tell you with certainty how collection on the judgment will occur. We will keep posting about this case and its debt collection strategy in future debt recovery law firm blogs.
We Welcome Complex Debt Collection Matters
Other attorneys who are not versed in post judgment collection, often refer their toughest cases to our debt collection attorney for review. We do not take on all cases, but we do try to give each prospective client of our debt collection law firm an honest assessment of what steps can be taken to enforce the judgment and thereafter, from our years of experience as collection attorneys prognosis as to chances of recovery. We encourage anyone with a debt collection issue to contact our debt recovery law firm. Together we will devise a collection strategy that is just right for you.
Collection Agencies and Collection Departments Utilizing Debt Collection Book
Our EBook Collecting Account Receivables has been getting very positive feedback. Our commercial debt collection clients have told us that they downloaded the book and have had their accounting staff read it. The book helps creditors set up internal debt collection strategies. Discussed is also the difference between a collection agency and a debt collection law firm. Collection attorneys can provide debt recovery services that commercial collection agencies are not able to provide legally.
DOWNLOAD FREE COPY OF EBOOK
Guide to Internal Debt Collection Procedures
Collection Agencies Hire Collection Attorneys
Collection agencies are limited to making phone calls and sending demand letters for payment. Collection agencies cannot file a law suit, take depositions in aid of execution or garnish bank accounts to seize assets once a judgment is obtained. Obtaining a judgment is not the hard part if a debt is justly owed. It is how you collect on a judgment. A collection agency is not licensed to practice law and must retain a collection lawyer to implement a litigation strategy to collect on accounts. Collection agencies when forwarding a debt collection case to a collection attorney typically will charge their client’s a higher contingent fee because they have to charge a fee on top of the collection lawyer’s fee. Many credit managers realize that when it is apparent customer is not paying, it makes sense to retain a debt collection law firm rather than a collection agency. Not only will the credit manager save money but, putting the power of an attorney behind your demand for payment is more effective.
Collection agencies serve a purpose when there is a high volume of cases with relatively small balances to collect. We invite you to contact our commercial debt collection law firm to discuss the differences between utilizing a collection agency or forwarding your commercial collection accounts directly to a collection attorney.
Senior Debt Collector Joins The Gebeloff Law Group
A Commercial Collection Law Firm
The Gebeloff Law Group has added a Senior Debt Collector to its staff. The addition of the debt collector will assist Mr. Gebeloff in securing prelitigation payments from debtors. The philosophy of The Gebeloff Law Group is to provide its clients commercial debt collection services in an effective and cost efficient manner. If voluntary payment is not obtained prior to litigation, the debt collector will help gather valuable information about the debtor, including, but not limited to, the nature of the dispute, assets the debtor may or may not have and/ or if the debtor’s officers may have set up other entities in an effort to defraud creditors.
Collection Attorney Stephen B. Gebeloff
We have discussed in prior blogs the difference between our commercial debt collection law firm and commercial collection agencies. Collection agencies also use debt collectors but, too many times debt collectors are limited in their effectiveness as they are constrained. Collection agencies are not licensed to practice law. A commercial collection agency must eventually send your debt collection case to a collection attorney if the collection agency is unable to collect on your company’s past due account receivable. The collection agency then will charge the creditor a higher contingent collection rate.
Our debt collector will also work on post judgment collections. Too many times after a judgment is obtained, not enough pressure is brought upon a debtor to make payments to satisfy the judgment. Commercial collection agencies cannot bring proceedings supplementary to implead third parties and/or pursue third parties for fraudulent transfers. We are optimistic that the addition of our Senior Debt Collector to our staff will increase the percentage of the recovery of bad debt our clients send to our commercial collection law firm.
Please feel free to call our debt collection law firm and ask to speak to one our experienced debt collection staff. We would be happy to discuss the differences between using a collection agency, collection agencies and/or using a collection attorney with a commercial collection law firm to collect your pre-judgment or post judgment debt.
Post Judgment Collection
What Can Our Debt Collection Attorneys Do to Collect Your Money After Judgment
After Judgment is obtained and the debtor does not voluntarily make a payment to satisfy the judgment, there are several options to consider. If you know where the debtor has assets, writs can be issued by the Court giving the Sheriff to seize assets to satisfy or partially satisfy the Judgment. We often ask our clients to keep copies of checks of all payments they may receive from their customers. There may come the day when the customer becomes a debtor and knowing where the debtor banks may lead to successful garnishment of funds in the debtor’s bank to satisfy the judgment.
Judgment collection law firm
If you are uncertain about where the debtor may have assets, the Court allows creditors to conduct post judgment discovery. You have the option of taking the debtor’s deposition or of sending post judgment interrogatories to the debtor. If the debtor fails to respond to post judgment discovery, the Court can assist the creditor in getting the debtor to comply. The debtor must turn over financial information to the creditor. Failure to do so may lead to the Court holding one of the officers of the judgment debtor entity or an individual judgment debtor in contempt of Court.
Our firm will also use post judgment discovery to determine if money has been fraudulently transferred to a third party or to another entity that may be owned by the either the individual judgment debtor or corporate judgment debtor in an effort to conceal assets from creditors. If so, we can explore the possibility of naming these third parties in a lawsuit as defendants alleging fraudulent transfer
How Fast Can Judgment Be Obtained in a Debt Collection Case
Our debt collection client’s frequently ask our collection attorneys-lawyers how long will it take to collect their companies past due account receivables. It is important to note that every debt collection case is unique. Below we will summarize what to expect when your account receivable manager places an account for debt collection with our law firm.
If after a debt collection lawsuit is filed by our collection law firm, the debtor files no responsive pleading to the complaint, twenty (20) days after the summons is served, default will be entered. Thereafter, our debt collection client simply has to execute an affidavit of proof and our collection lawyers-attorneys will prepare a Motion for Default Judgment. In this scenario Judgment can be obtained anywhere from thirty (30) to forty-five (45) days.
Debt Collection Case
If a debt collection case is disputed by a debtor, the timing of a debt collection case depends on the dollar amount of the account receivable. In Florida, if a debt collection account is under $15,000.00 that would put the account in the jurisdiction of the Florida County Court Judicial System. In Florida, debt collection cases filed in the County Court typically go to trial within four to six months after the debt collection case is filed. Debt collection cases filed by our debt collection law firm in Florida that have an account receivable above $15,000.00, put the account in the Jurisdiction of the Circuit Court. Cases in this jurisdiction typically take longer to go to trial than debt collection cases that are filed in the County Court.
As previously indicated, each debt collection case is different. Our collection attorneys-lawyers work with our clients to try and streamline the process and get the debt collection case to trial and secure a judgment as expeditiously as possible. Once a judgment is obtained by our debt collection law firm, our collection attorneys-lawyers and debt collection paralegals will then devise a strategy to then attempt to liquidate the judgement.
We encourage all account managers to call and speak to our collection attorney to devise a comprehensive debt collection strategy for all of their account receivables that have become delinquent. There are many studies that show the longer a creditor waits to take action on collecting past due accounts, the percentage of recovery drops over time.
Collection Law Firms Ensure Debtor Compliance with Discovery in a Debt Collection Matter
After a judgment is obtained in a debt collection case, the Court typically orders that the debtor be required to answer post-judgment discovery. Our collection lawyers can either take the deposition of the debtor or prepare interrogatories to assist our collection law firm discover assets in the debt collection matter. Depending on the balance of money owed to our client, our collection attorney will recommend which is the most cost effective way to proceed.
Our collection attorneys are able to compel the debtor in a debt collection matter to make a full financial disclosure of its assets. If the debtor does not comply our collection lawyer will petition the Court to have the debtor appear for the Judge and explain why the debtor has not provided the required financial disclosure. Once there is a disclosure our collection law firm will discuss with the creditor the best way to attach assets.
Miami Dade County Court House
Our collection attorney always asks a client if they have any bank account information from past business transactions with the debtor. The debtor may be using the same bank account. Our collection lawyer will then have the Court issue a writ of garnishment. The writ of garnishment is then served on the bank. If the debtor still maintains accounts, the bank will notify our debt collection law firm. Then after 30 days, our collection lawyers will petition the court to then turn over the funds being held by the bank to our attorney trust account on behalf of our clients.
Our collection law firm would be happy to discuss post judgment collection strategies and or debt collection strategies with you. Please feel free to contact our collection law firm and speak to our debt collection attorneys. Our debt recovery firm would be happy to devise a collection strategy that is just right for your company.
Florida Collection Attorney
In Florida, once a Florida Collection Law Suit has been filed, the Clerk of Court will assign a case number. The Clerk will also issue a summons to be served on the Florida Debtor with the collection lawsuit. The summons will direct the debtor to file a responsive pleading to the creditors allegations contained in the complaint within twenty (20) days. If the debtor does not file a responsive pleading, our Florida collection attorney will petition the Court to enter Default. If a responsive pleading is filed, litigation with ensue pursuant to the Florida Rules of Court. The Florida litigation process will be examined in future posts.
If Default is entered, our Florida collection law firm will prepare an affidavit for the creditor to fill out and return to our office. The affidavit will indicate how much money is due to the creditor. Once the affidavit is returned to our Florida collection lawyer will file a motion to enter default judgment with the Court. Our Florida collection law firm will ask the court for the costs incurred by the creditor to file the collection lawsuit and prejudgment interest. In Florida each party is responsible to pay their own attorney’s fees in a collection case unless there is a written agreement between the parties allowing the recovery of reasonable attorneys’ fees , the purchase orders and or invoices allow for the recovery of attorney’s fees or as allowed by a Florida Statute.
Once Default Judgment is entered in Florida, our Florida Collection Firm and collection lawyer will be able to begin enforcing the Judgment and attempt to collect your money that is due. Post Judgment collection techniques in Florida will be discussed in other posts on this site.
There are many things to consider when trying to collect a Judgment in Florida. Please feel free to contact our Florida Collection Firm to discuss your Florida collection cases. After a review of your case, Mr. Gebeloff will devise a collection strategy that is appropriate for you.
Contact Stephen B. Gebeloff, P.A., Collection Law Firm at (561) 953-4600 or email Mr. Gebeloff firstname.lastname@example.org to discuss your Florida debt collection needs.
If you are trying to collect money on an out of state judgment, Florida Courts will give out of state Judgments Full Faith and Credit, recognizing them as if they were entered by a Florida Court. To effectuate collection on your out of State Judgment, you will need to first record the Judgment. The clerk will give the debtor thirty (30) days to contest the validity of the Judgment. Typically the most common defense is the foreign court did not have proper personal jurisdiction over the debtor.
After the thirty (30) days have elapsed, creditors will be in a position to begin proceedings to collect their money. Our Florida Judgment Collection Law Firm and Collection Attorney are here to assist creditors collect their out of state judgments.
If you have any further questions regarding the Florida debt collection process, collecting on out of state judgments or the Florida debt collection process, feel free to call or email our collection lawyer to answer your questions.
In Florida, after a creditor obtains a judgment it can serve post judgment interrogatories in aide-of-execution or choose to subpoena an officer or the person with the most knowledge of the debtor’s finances for deposition. Depending on the size of the collection matter it may be more cost effective to first send interrogatories. In either case the debtor must provide a full disclosure of its assets including, but not limited to, its bank accounts, automobiles, equipment and or other real and personal property. In Florida if the debtor does not comply with post judgment discovery, a Writ for the Bodily Attachment may be issued by a Florida Judge.
Once the creditor has a full understanding of the debtor’s assets, a determination can be made as to whether or not it would be costs effective to pursue its Florida Collection matter further.
Contact Stephen B. Gebeloff, P.A., Collection Law Firm at (561) 953-4600 or email Mr. Gebeloff email@example.com to discuss your post judgment debt collection needs.
After a Judgment is obtained in Florida there are several different methods to consider to effectively liquidate your judgment. However, as a matter of routine practice a certified copy of the Florida Judgment should be recorded in any Florida county that you believe the debtor may have real property. This will act as a lien against that property. The Judgment should also be recorded with the Florida Department of State, Division of Corporations to secure a judgment lien against the debtor’s personal property.
Our firm will attempt to garnish a debtor’s bank account if that information is available. Surprisingly, many debtors have paid our clients in the past and still use the same bank account. If there is no banking information available, our collection firm will serve a Fact Information Sheet, pursuant to the Florida Rules of Court on the debtor. If the debtor fails to answer the Fact Information Sheet in a timely manner, our law firm can petition the Court to have the debtor appear before the Court and tell the Judge why it has not furnished our firm with the debtor’s financial information. If the debtor fails to appear before the Court, the Judge can order that a Writ of Bodily Attachment be issued. If that occurs, the debtor will be picked up by the Sheriff’s Department and face possible incarceration for failure to comply and appear before the Court.
Our firm may consider other avenues such as bringing in a successor entity or the debtor’s principals for fraudulently transferring its assets to either an insider of the debtor or another closely held entity. We can take a debtor’s post judgment deposition to discover assets. We can also serve a wage garnishment, if we are able to determine a place of employment for the debtor.
There are many things to consider when trying to collect a Judgment in Florida. Please feel free to contact our Florida Collection Firm to discuss your Florida Post Judgment matter. After a review of your case, Mr. Gebeloff will devise a post judgment collection strategy that is appropriate for you.
Contact Stephen B. Gebeloff, P.A., Collection Law Firm at (561) 953-4600 or email Mr. Gebeloff firstname.lastname@example.org to discuss your post judgment debt collection needs.