Attorney Demand Letter

Attorney Demand Letter Service for the Collection Industry

The Gebeloff Law Group is excited to announce a new attorney demand collection letter service to creditors. The attorney demand letter service allows creditors to place debt collection claims initially at a flat rate fee rather than being obligated to pay a contingency fee for debt collection. The concept is to send the attorney demand letter to a debtor and to inform the debtor that this is their last chance to make payment arrangements on past due receivables.

Attorney Demand Letter

Attorney Demand Letter

If collection of money due to your company does not result from the attorney demand letter, our collection attorney will consult with our collection client and decide if they would like to place the claim for debt collection litigation. The concept of the debt collection attorney demand letter program is save companies money. Rather than a creditor paying a contingency fee , sometimes a debtor just may need the final push of an attorney demand collection letter and a phone call from a collection lawyer to get the debtor to pay your company money due and owing.

To place an attorney demand letter our collection clients can visit our web site attorneydemandletters.com. Once they are on the attorney demand letter site, there will be instructions on how to submit a claim for our collection attorney demand letter service. If a client feels that a collection attorney demand letter most likely will not be enough to persuade a debtor to pay their outstand account, the debt collection client can also place the debt collection account for litigation with our debt collection law firm.

 

For more information on the attorney demand letter debt collection program, our clients can visit our website or call our collection firm to discuss the attorney demand letter program. Together, working with our collection attorneys, a debt collection client can determine if the attorney demand collection letter program is the right approach to collect their money.

Restrictive Endorsement

CASHING A CHECK WITH A RESTRICTIVE ENDORSEMENT / IS THE CHECK  NOW PAYMENT IN FULL

CALL OUR COLLECTION LAW FIRM TODAY AND SPEAK WITH OUR COLLECTION ATTORNEY TO DISCUSS

It is important for creditors to consult with a lawyer. Our collection law firm is frequently asked to answer the question can cashing a check with a restrictive endorsement “paid in full” mean that they have accepted the payment as full payment despite the fact there is still a balance due. This a complicated area and we urge our client’s to call our collection law firm and speak to our collection lawyer.
Any writing affixed on a check or words contained in some form of document, i.e., email, letter, that refers to an accompanying check is considered a “restrictive endorsement.” Creditors should be versed on the effects of “restrictive endorsements” as cashing a check with a restrictive endorsement could lead to the conclusion that the debtor has achieved an “accord and satisfaction,” payment in full. At our debt collection law firm, we receive many inquiries from our debt collection clients on whether or not to cash a check tendered by a debtor with a restrictive endorsement. Our collection attorneys always err on the side of caution and advise our debt collection clients not to cash the checks.

Restrictive Endorsements on Checks

Restrictive Endorsements on Checks

Our collection law firm also receives inquiries to our collection lawyers about situations where a check is sent to a lock box and cashed. Fortunately for our debt collection clients, all states, have adopted the recent revision of the Uniform Commercial Code, Article 3, Section 311 (UCC3-311), which is commonly referred to as “Safe Harbor.” The Safe Harbor principal is applicable to payments received in a system that is serviced by a third party (such as a bank lock box or a post office box). Typically, this is the creditor’s banking institution whose lock box is serviced by banking personnel lacking the knowledge and expertise to make an informed decision relative to restricted endorsements.
The Florida statute is found below but generally a creditor should look to state statute to find a similar Safe Harbor provision such as UCC 3-311. The UCC 3-311 specifies within 90 days of depositing restricted payment from a buyer, the seller can send one of their checks back to the buyer in the same amount of the restricted check and preserve the creditor/seller’s legal remedies. The creditor should make sure the “reimbursement” check should be sent back via some mode requiring proof of attempted delivery. Our collection clients should note the buyer/debtor need not cash the “reimbursement check;” as the creditor/seller’s right to proceed with litigation is preserved by the act of sending back the amount originally submitted under endorsement text or provisions.
Our collection lawyers also counsel our debt collection clients to make sure they put specific language in their contracts and or credit applications pertaining to where and to whom payment should be sent. This is important because the Uniform Commercial Code provides that if a credit grantor is made aware of a dispute prior to any type of final payment being made the creditor’s claim for an overdue balance is not discharged if within a reasonable time before tender the creditor stipulates that a restricted instrument (restricted check) must be sent to a designated person, office or place. If those instructions are not followed, then creditor remedies are available.

Florida Statute Section 673.3111 Accord and satisfaction by use of instrument, provides:
(1) If a person against whom a claim is asserted proves that that person in good faith tendered an instrument to the claimant as full satisfaction of the claim, that the amount of the claim was unliquidated or subject to a bona fide dispute, and that the claimant obtained payment of the instrument, the following subsections apply.
(2) Unless subsection (3) applies, the claim is discharged if the person against whom the claim is asserted proves that the instrument or an accompanying written communication contained a conspicuous statement to the effect that the instrument was tendered as full satisfaction of the claim.
(3) Subject to subsection (4), a claim is not discharged under subsection (2) if either paragraph (a) or paragraph (b) applies:
(a) The claimant, if an organization, proves that:
1. Within a reasonable time before the tender, the claimant sent a conspicuous statement to the person against whom the claim is asserted that communications concerning disputed debts, including an instrument tendered as full satisfaction of a debt, are to be sent to a designated person, office, or place; and
2. The instrument or accompanying communication was not received by that designated person, office, or place.
(b) The claimant, whether or not an organization, proves that, within 90 days after payment of the instrument, the claimant tendered repayment of the amount of the instrument to the person against whom the claim is asserted. This paragraph does not apply if the claimant is an organization that sent a statement complying with subparagraph (a) 1.
(4) A claim is discharged if the person against whom the claim is asserted proves that within a reasonable time before collection of the instrument was initiated, the claimant, or an agent of the claimant having direct responsibility with respect to the disputed obligation, knew that the instrument was tendered in full satisfaction of the claim.

 

Our debt collection clients  are often confused  on what they should do with a check with a restrictive endorsement  ” Paid in Full.” Please feel free to contact our debt collection lawyers at our debt recovery law firm. Our collection attorneys are always willing to discuss a collection strategy to help our client’s minimize risk and bad debt.

DEBT COLLECTION ATTORNEY TO HELP CASH FLOW

Debt Collection Attorney

In the beginning of 2015 many businesses will look at their account receivables and realize their cash flow could be better if their customers paid their invoices on a timely basis. A business decision needs to be made when  to use the services of a collection law firm to help recover delinquent accounts. Our collection law firm and attorneys work with our clients to strike a balance between aggressive collection strategies or simply to send a gentle collection letter to the client’s customers who simply need to see that past due payments are no longer going to be ignored by your company.

Debt Collection Attorney

Debt Collection Attorney

Our debt collection law firm has many years of debt recovery experience in most industries.Our collection attorneys have the experience to use a gentle debt collection approach to help the client maintain the business relationship; or our collection lawyers can recommend a more aggressive approach, including filing a lawsuit to attempt recovery of your receivable when necessary. Our debt collection firm will also explore naming officers of the debtor company, when it appears that the customer may have fraudulently misrepresented their financial position in order to induce your company to ship product.
Please call our debt recovery law firm and ask to speak to our collection attorney or one of debt collection paralegals. We will be happy to discuss a debt collection strategy that is just right for your company. Do not let past due collection accounts put a damper on your cash flow. Call our debt collection law firm and debt collection attorney today.

Officer Liability in a Debt Collection Case

When considering strategies to most effectively be able to collect money on a debt owed to your company, an analysis of the corporate structure is vital. The State Department of Corporations give valuable information on how the corporate debtor is structured. Many times in a debt collection case, our collection attorneys find that the debtor’s corporation has been administratively dissolved. That does not necessarily mean the debtor company is still not operating. In that case our collection law firm is able to bring your company’s debt collection lawsuit against the officers of the company in an individual capacity. Our collection lawyer would draft the caption of the debt collection lawsuit …John Johns t/a (trading as) Bob’s Debtor Company.

Our collection law firm believes that keeping pressure on the officers of an entity is a very effective tool in getting your debt collection matter resolved. Most companies set up a corporate structure to shield the officers from personal liability. However, if the company is sloppy and does not keep up its corporate charter, individual liability for the debt may be imposed by the Courts.

Miami Dade Court House

Miami Dade County Court House

Our collection law firm’s collection attorneys also look for evidence that a corporate debtor may have been severely under-capitalized. Our debt collection law firm has brought suit against officers of a company for not having adequate working capital. The theory being that the officers knew or should have known that the debtor entity did not have the financial capability to pay for the goods or services.

If you would like to discuss your company’s debt collection and or debt recovery strategies with our debt collection attorney, feel free to call our debt collection law firm. We would be happy to devise a debt collection and recovery strategy that is custom tailored to your company’s debt collection needs. EMAIL US TODAY

Why Use a Collection Attorney / Why Use a Collection Agency

A collection attorney has the ability to send out collection letters to customers that owe you money. The collection attorney can provide insights to you on alternative methods of effectuating debt collection. Our collection law firm is constantly looking for ways to pierce the corporate veil and assert personal liability against corporate officers of a company even when there are no personal guarantees on the account securing the debt.

Another advantage in using a collection attorney law firm over a collection agency is that the collection attorney can file a lawsuit to help you collect your money. If your customer does not enter into a payment agreement with our collection law firm, our collection attorney will enter judgment. Once judgment is entered, there are many different ways our collection attorney can discuss with you on how to locate assets to satisfy the debt.

Florida Collection Law Firm

Palm Beach County Court House

If you have smaller balance accounts that it does not make sense to litigate with a debt collection law firm, a collection agency may be the answer. The collection agency will also send demand letters and make phone calls. But, of course a collection agency cannot provide legal advice or file a lawsuit to collect your money.

If you need to discuss your account receivable issues with our collection attorney, please feel free to contact our debt recovery law firm and our collection lawyer will be happy to devise a debt collection strategy that is just right for you. steve@gebelofflaw.com

Collection Attorney to Run NYC Marathon for Sloan Kettering

Collection attorney Stephen Gebeloff will be running the NYC Marathon in November to benefit Sloan Kettering as part of Fred’s Team. When he is not behind  his desk at his boutique  collection law firm, he is spending many hours out on the road training.

“Life is not all about being a collection attorney”   Gebeloff  explains.  Besides collecting debts and collecting on judgments for his client’s , Gebeloff  believes that is is important to give back.  Knowing I can personally help make a difference in the battle against cancer  helps  me run the many miles in preparing for  the marathon.

Gebeloff has been practicing debt collection law for most of his career but,  finds running  to help find a cure  very rewarding.  “In my debt  collection law career I have met many people  and very rarely have a dull day. But, when I’m not collecting debt’s, I love to lace up my sneakers and  run with my teammates, most become friends for life.”

If you have further questions about  our collection law practice or want to speak to Steve about his running, call or email.   We will devise a debt collection or  running strategy that  is just right for you.

Collection Attorney

If you would like to support our collection attorney  for his Marathon Run, you may make a tax deductible contribution by  clicking the link below.

Link to Support our Collection Attorney  and Sloan Kettering

 

 

 

 

OUR DEBT COLLECTION LAW FIRM LEAVES NO STONE UNTURNED

When collecting debt, time is critical to maximizing your recovery of your past due account receivables. As a collection law firm, we see time and time again our clients waiting on their customers repeated promises for payment. Our collection lawyers have spoken to hundreds of debtors. Our collection attorneys know when a debtor is truly experiencing financial issues that are not allowing the debtor to make payment. Our collection lawyers also know when a debtor simply is stalling and / or simply has no intention of paying for the goods or services your company has provided.

Our collection law firm strives to quickly advise our debt collection clients the dynamics surrounding each debt collection case. Our collection attorneys believe that our clients when they engage a debt recovery firm should have all the facts surrounding a debt collection matter so they can make informed business decisions prior to spending additional time and resources in attempting to recover their money.

Florida Collection Law Firm

Palm Beach  Court House

Our debt collection firm and attorneys have the tools to assist our clients to paint a picture of a debtor’s situation. Our collection lawyers want to provide our clients with the information they need. Not every debt collection case can be recovered. But, our debt recovery firm wants to at least let our collection law clients know that we leave no stone unturned in at least presenting scenarios that effect the collectability of our clients past due accounts.

At our collection firm, one of our debt collection attorneys would be happy to discuss your particular debt recovery case. Our collection lawyer will devise a debt collection strategy that is tailored to your company’s particular  debt recovery needs.
Please call our collection attorney or email us the particulars of your debt collection case.

Contact a Collection Attorney and Debt Collection Law Firm

What to do when your customer owes you money and starts ignoring your demands for payment. You should consider using a debt collection and debt recovery law firm.

Since the economic down turn of 2008,   it is more and more common for a small business to struggle with its cash flow. As a result, businesses are cash strapped and cannot pay all of its vendors each and every month. It is important for creditors to be proactive.

Our   debt collection law firm believes that those creditors that push the hardest, will get paid first ahead of other vendors that our owed money. Our collection attorneys send out collection demand letters. Our debt collection lawyers will contact your customers who owe your company money and try and ascertain if there is a legitimate business reason why your account receivable is not being paid. If there are legitimate reasons, our collection law firm will act as an intermediary and attempt to help both sides come to an amicable solution.

If there are no legitimate business reasons for your customer to not pay on your open account, our collection attorney will most likely recommend that suit be brought. Our collection lawyer will analyze the collection account to see if officers of the company can be held responsible for payment of the corporate debt.

 Collection  Attorney and Collection Law Firm

Collection Attorney and Collection Law Firm

Contact our collection attorney at our debt collection law firm and speak to our collection lawyers about the specifics facts surrounding your debt collection case. Our collection lawyer will discuss the possibility of pursuing the principals of closely held entities for the debt owed to your company. You may mail or email your supporting documents to our collection firm. Our collection attorney will review your account and then contact you to devise a strategy for your debt collection matter.

Stephen B. Gebeloff, P.A.
5255 N. Federal Hwy., 3rd Floor
Boca Raton, FL 33487
(561)953-4600
fax(561)953-4610
steve@gebelofflaw.com

Can Principals of a Closely Held Entity Be Personally Liable for the Debt of the Entity

Our collection attorneys find time and time again small businesses ignore corporate formalities. At our Florida Collection Law Firm, we investigate to see if corporate formalities have in fact been followed. If not our collection lawyers will seek to pin personal liability for corporate debt on the principals of these entities. The principals of these single member limited liability companies or closely held companies simply take these forms with the illusion, it will shield them from personal liability for the debt these entities incur. This is a mistake.
Our collection lawyers look for commingling of corporate funds with the personal funds of the principals and/ or the use of corporate funds for expenses that our clearly not business related. Good examples are expenses for purchase of movie tickets, repeated charges to restaurants and or charges incurred at Universal Studios or Disney World. One of the biggest mistakes our collection attorneys find is the principals of the debtor entities do not file their annual reports with the department of corporations. This causes the entity to become administratively dissolved.

 Collection  Attorney and Collection Law Firm

Collection Attorney and Collection Law Firm

Please feel free to contact our collection attorney at our debt collection law firm and speak to our collection lawyers about the specifics facts surrounding your debt collection case. We will discuss the possibility of pursuing the principals of closely held entities for the debt owed to your company. You may mail or email your supporting documents to our collection firm. Our collection attorney will review your account and then contact you to devise a strategy for your debt collection matter.

Stephen B. Gebeloff, P.A.
5255 N. Federal Hwy., 3rd Floor
Boca Raton, FL 33487
(561)953-4600
fax(561)953-4610
steve@gebelofflaw.com

Pre-Litigation Debt Collection Stategies

Upon receipt of a new claim for collection in our office, our collection attorney and debt collection paralegals review your collection case. Initially  our debt collection firm is  trying to determine if the debtor is still a viable entity or perhaps the principals of the corporation or limited liability have opened up a new entity or shifted assets to themselves. Depending on the results of our investigation and appropriate demand letter for payment of your debt is sent.

Stephen Gebeloff Florida Colletion Lawyer

Aggressively Pursuing Our Clients’ Interests

Our law firm demands that payment be made for the amount that is due and owing to our debt collection clients. The collection demand letter sent to the debtor serves several purposes. The first is to let the debtor know that our collection firm has been retained by the creditor. We are also able to determine if the address is valid to serve the summons and debt collection lawsuit on the defendant if our collection attorneys are unable resolve the matter pre-litigation, During this initial period of time, our collection attorneys will also determine the corporate identity of the debtor.
The lawyers from our debt collection law firm will make telephone demands on the debtor. Our collection firm strives to give our debt collection clients an assessment as to the prospects of collecting their money on their past due receivables. In this tough economy our attorneys try to determine if there is a legitimate dispute on the account, the debtor has cash flow problems or simply is flat out ignoring demand for payment of the debt. . If we are unsuccessful collection our client’s money at this stage, a debt collection strategy is discussed with our collection law clients.

Please feel free to contact our collection attorney at our debt collection law firm and speak to our Florida collection lawyer about the specifics facts surrounding your Florida debt collection case. You may mail or email your supporting documents to our collection firm. Our Florida collection attorney will review your account and then contact you to devise a strategy for your collection matter.
Stephen B. Gebeloff, P.A.
5255 N. Federal Hwy., 3rd Floor
Boca Raton, FL 33487
(561)953-4600
fax(561)953-4610
steve@gebelofflaw.com