Collection Agencies – Collection Lawyers – Debt Collection

Collecting Money in Florida – Collection Agency – Florida Collection Attorney

In past blogs, we have discussed the difference between using a Florida commercial collection agency rather than a Florida debt collection attorney. Collection agencies are not licensed to practice debt collection law. A collection agency typically will make collection calls and send a few collection letters to your customer to collect your money. If the collection agency is not successful, they then have to charge you a higher contingency fee and send the case  to a collection lawyer.

Debt collection Law Firm Florida

Florida collection law firm

A  debt collection law firm contacting your customer first to make demand for payment, has a bigger impact than your customer receiving a collection letter from a commercial collection agency.  A debt collection lawyer  after sending a demand letter  and calling your customer demanding payment, can then recommend that a lawsuit be started to recover the money that is owed to your company.

Florida Debt Recovery Law Firm

Once a lawsuit is started to recover your money, your company now has greater control over the debt collection process.  Your customer will either recognize the debt and attempt to make payment arrangements with our office – hire an attorney, if there is a legitimate dispute to the debt or ignore the debt collection lawsuit. If the lawsuit is ignored, your company would be entitled to have a default judgment entered against your customer for the amount of the open invoices, costs and interest as allowed under Florida Law.

Florida Collection Attorneys – Lawyers

To learn more about the debt collection process and about how our Florida collection attorneys may be able to help your company recovery its money, we encourage you to contact us and ask to speak to one of our collection attorneys. Working together, we will devise a debt recovery strategy that is just right for your company.

 

Collection Attorney Collecting Bad Debt

Debt Collection Attorney – Lawyer

Florida debt collection attorney recently performed with the Symphonic Band of the Palm Beach – Armed Forces Salute. When  he is not his saxophone, collection attorney Stephen  Gebeloff, manages  his commercial debt collection law firm in Palm Beach County. The Gebeloff  Law Group is a  boutique debt collection  law firm with its offices in Boca Raton, Florida.

Collection Lawyers - Collection Attorneys

Collection Attorney – Debt Collection Law Firm

 

The debt collection lawyer prides himself with offering customizable debt collection  strategies to his debt collection clients.  As an attorney who concentrates his practice on complex debt collection matters, Mr. Gebeloff explores a wide variety  of possible of legal theories that he  maybe able to utilize when devising a collection strategy for your company. Collecting money from your customers is the primary goal  of our debt collection strategy.  Sometimes, a demand letter from a collection attorney may be all that is needed to collect on  past due invoices.   A letter from a collection attorney rather than a collection agency sends a powerful message that your company is serious  about collecting past due accounts.

Contact Our Debt Collection Law Firm

When you contact our Florida debt collection law firm, Mr. Gebeloff will take the time to understand your business and make recommendations on  how your company can  take better control of delinquent accounts. Our firm has developed an attorney demand letter service that may be appropriate.  Our collection law firm also considers officer and director liability. There are times when the corporate entity is more of a sham and is akin to the individual officer him or herself.  In that case, our collection attorney will look to  assert personal liability for the debt on the officer(s).

 

When you call our collection law firm, our staff will be happy to answer your questions about commercial debt collection law. We are not a commercial collection agency. There are big differences between using collection agencies rather than collection attorneys when collecting your debt.  Let our debt collection attorneys help your company maximize collect of past due accounts.

 

collection letter

Debt Collection Demand Letters

Pre-litigation demand letters may be an effective way for creditors to save on paying contingent collection fees. The Gebeloff Law Group is about to launch a new division, AttorneyDemandLetters.com. The program will give creditors two options to choose from:

1) A Demand letter would be sent to the debtor   urging the debtor to make payment arrangements directly to the creditor. The Demand Letter program is for a flat fee. Gebeloff is looking to save creditors from paying high contingent collection fees to commercial collection agencies when a Demand Letter from a commercial collection attorney may be all that is needed to convince the debtor to pay the creditor.

Debt collection demand letter

Collection Demand Letter

2) The second option adds a phone call from our commercial collection law firm. The call would be placed by a commercial collection attorney directly to the debtor. The debt collection letter coupled with a debt collection phone call from a collection lawyer will give the debtor a sense of urgency that they should consider paying the creditor before the possibility of incurring additional legal fees and costs defending a debt collection law suit. The Gebeloff Law Group again would simply charge a flat fee for this debt collection service.   If the pre-litigation collection service is not successful, the creditor would then be given the option to pursue the past due collection account in the more traditional manner once the claim is placed in The Gebeloff Law Group’s debt collection litigation cue.

The Gebeloff Law Group has teamed up with ScaleUp Consulting, a Miami based agency to help promote the Attorney Demand Letter program and set up technology so clients as well as potential clients can login and place their accounts for debt collection. The Scale Up Consulting team has been very easy to work with and help our commercial debt collection law firm take their vision and make the vision a reality.

Call the collection attorneys at the Gebeloff Law Group to discuss all your company’s debt collection needs. We are always happy to devise a debt collection strategy that is customized for all our client’s debt recovery needs.

Collection Attorney-Marathon Man

COLLECTION ATTORNEY TO RUN CHICAGO MARATHON

To Benefit The Leukemia and Lymphoma Society

Collection Attorney, Stephen B. Gebeloff of The Gebeloff Law Group, a Commercial Debt Collection Law Firm will be joining Team in Training, Palm Beach Chapter to run the Chicago Marathon in October 2015 to benefit The Leukemia and Lymphoma Society.

When Gebeloff is not behind his desk at his  commercial debt collection law firm, he is spending many hours out on the road training.

Collection Attorney

Collection Attorney to Run Chicago

DONATE HERE

“Life is not all about being a debt collection attorney,” Gebeloff  explains. Besides collecting debts and collecting on judgments for his clients, Stephen Gebeloff  believes that it is important to give back to the community.  Gebeloff says “knowing I can personally help make a difference in the battle against cancer helps me run the many miles needed to prepare  for the marathon.”

This year too many close friends and family members have been diagnosed with Leukemia. “It changes the way you see life. I enjoy my debt collection practice but, seeing others struggle battling cancer makes you realize work is not everything. Your health is the greatest gift you can have” states Gebeloff.

Gebeloff has been a commercial debt collection lawyer, practicing debt collection law for most of his career. He finds running to find a cure very rewarding undertaking when he is not at work.  In his debt collection law practice he very rarely has a dull day at the office.  When  he is not collecting debts for his collection clients, he loves to lace up his sneakers and run with his teammates. Most  teammates from Team in Training become friends for life. “We all imagine a world without cancer,” Gebeloff affirms.

 

If you have further questions about  the Gebeloff Law Group and its collection law practice or want to speak to Steve about his running, call  him . Together, he will devise a debt collection or running strategy, that  is just right for you.

If you would like to Donate to The Leukemia and Lymphoma Society and support collection attorney Gebeloff’s marathon run, you may make a tax deductible contribution by clicking the link below.

DONATE HERE

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.