Collection Attorney Pursues Fraudulent Transfers

Debt Collection Attorney Pursues Officers of Companies  for Fraudulent Transfers

Creditor fraud is more abundant with a tighter economy.  Many officers of companies believe they can simply close down one corporation and then open up another company without liability. Our debt collection law firm concentrates on litigating these types of cases. Our debt collection attorney will look to assert personal liability on the officer of the company, your customer and the newly formed company  by asserting  various fraud claims, including claims brought under the uniform fraudulent transfer act.

Collecting your money-Debt collection methods

Guide to Internal Debt Collection Procedures

Collecting  Past Due Invoices

Our debt collection law firm has represented all industries, including insurance companies seeking to recover insurance premium, staffing agencies, commercial lender, material suppliers, just to name a few.  No matter what industry your company is in, it is important to take early steps to help eliminate a greater account receivable.  Let our debt collection law firm put together a debt collection strategy to help your company collect more past due accounts from your customers. We are not a commercial debt collection agency. There is a vast difference between a collection agency and a debt collection law firm. Collection agencies can send debt collection letters and make phone calls to try and collect past due accounts, however, collection agencies are not licensed to practice law and would have to send the account to a collection attorney to attempt collection of the account receivable if the collection agency was unable to collect the debt.

Collection Agencies Cannot Practice  Debt Collection Law

We invite you to call our debt collection law firm and ask to speak to our collection attorney.  The collection attorney will review your case and discuss various scenarios that may come into play while attempting collection of your company’s past due account. Our collection attorney has also authored a book on how to set up internal debt collection procedures and practices.  We cannot promise we can collect all outstanding accounts, but we can put your company in a better position to collect the money that is due for services rendered or  goods sold and delivered.

 

Collection Attorney Marine Corps Marathon

COLLECTION ATTORNEY TO RUN MARINE CORPS MARATHON

Boca Raton, Florida collection attorney has pledged to run the 2016 Marine Corps Marathon in support of the Leukemia   and Lymphoma Society.   His debt collection law firm provides debt recovery and commercial collection services to   corporations, individuals   and collection agencies nationwide.  The Gebeloff Law Group is there to support a collection agency when their debt collectors   are unable to secure payment of past due debt.  Collection agencies are not licensed to practice debt collection law. They must send noncollectable account receivables to collection lawyers for litigation when their agency cannot collect the debt.

 FIFTH MARATHON FOR COLLECTION LAWYER TO BENEFIT LEUKEMIA AND LYMPHOMA SOCIETY

Collection lawyer Gebeloff has pledged to fund-raise to support the Leukemia and Lymphoma Society.

(Click Here to Sponsor Steve)

Collection Attorney

Collection Attorney Gebeloff

The debt collection law firm is fortunate that is has collection agency and other clients the firm provides commercial collection services for. These collection agencies and commercial clients have sponsored his efforts. Just like running a marathon collection of past due accounts requires careful planning.  Collecting on judgments in particular requires analyzing each fact pattern on a case by case basis.  The firm’s debt collection attorney will look for ways to impose personal liability on officers of the debtor company.

COLLECTING DEBTS, RUNNING MARATHONS, RECENT DEBT COLLECTION AUTHOR

Collection attorney Gebeloff has recently authored an E-Book on collecting on past due accounts. The book is free and   will be a valuable tool for many companies that extend credit. The book helps set up internal credit and collection policies and procedures for companies as well as discusses collection agencies, commercial collection attorneys   and post judgment debt collection strategies.   Feel free to download a copy of the “Collecting Account Receivables” E-Book HERE.

SUPPORT COLLECTION ATTORNEY GEBELOFF’S RUN HERE

Debt Collection Policies

Debt Collection Policies

Having debt collection policies in place will assist a debt collection attorney when you need to hire a debt collection law firm to collect your money

Keeping copies of your customer’s checks can be very helpful to 0ur debt collection law firm after judgment is obtained. Our collection attorneys will ask our clients after a judgment is obtained if they have any information to assist our debt collection law firm garnish or attach assets.   Sometimes a debtor is unaware that once a judgment is obtained a debt collection attorney can issue a writ of garnishment and serve the writ on a bank. Our  debt collection law firm has found that many times the debtor is using the same bank account and may have some or all of the funds in the account necessary to satisfy the judgment.

Collecting your money

Guide to Internal Collection Procedures

When setting up a credit and collection policy for your company your employees should be mindful that one day your customer may stop paying their invoices and your company may have to engage a collection attorney to help your company collect your money. Our debt collection law firm has been assisting companies   with their debt collection policies and procedure. Some companies have credit applications but, surprisingly a lot of our clients learn the hard way once one of their customers stops paying. Having a credit application helps our collection attorneys not only find post judgment assets but, gives our collection lawyers   a better chance of locating the principals of a debtor corporation in the event your customer closes its doors. Our debt collection law firm will also suggest adding an attorney fee provision to the credit application, if there is not already one in place. Without that provision, in some states, you will not be able to recover the fees paid to your collection attorney from your customer.

 

Our debt collection law firm uses all information available to it to determine if there is a possible successor company that may be liable for the debt. Our debt collection lawyers will also explore the possibility that there may be personal liability of an officer for transferring assets. We invite you to call our debt collection law firm to speak to one of debt collection attorneys about your credit and collection policies. Our collection lawyers will be happy to make suggestions to help tighten up the credit application so in the event it becomes necessary to start a lawsuit to recover your money, the chances for successfully recovering your company’s money will be increased

 

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

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 LAW FIRMS COLLECT PAST DUE RECEIVABLES

USING A DEBT COLLECTION LAW FIRM TO ASSIST COLLECT PAST DUE RECEIVABLES

Our collection lawyers recognize, in this tough economy, many businesses are struggling with cash flow. Our collection law firm can assist a company in collecting their past due collection accounts. Our collection attorneys are sensitive to the tough economy and work with our collection clients to implement a debt collection strategy. Not every debt collection matter is the same. Each one of your customers is unique and our collection lawyers work with you to identify the specific issues presented. Our collection attorneys work with you to identify what may have put your customer in a situation where they are now behind in paying their past due invoices.
Our collection law firm will not only send a collection demand letter but, our collection attorneys will investigate the customers corporate status, attempt to speak with the owners of the company and then make a recommendation as to the best debt collection strategy for your company. Sometimes we may suggest that your company may better be suited using a debt collection agency. Our collection attorneys will ask you specific questions that will help you decide whether to use a collection agency or a collection law firm.

Florida Collection Law Firm

Palm Beach County Court House

If your company has many low balance past due accounts, a collection agency may be ideal. However, a collection agency cannot give legal advice and a debt collection agency cannot file a law suit if necessary. Not every debt recovery matter needs a collection lawsuit. That is why it is important to speak to our collection attorneys and decide together a debt recovery strategy. Sometimes it makes sense to place some of your past due accounts with our collection law firm and other accounts with a collection agency.
Call our collection law firm and ask to speak to one of our collection attorneys. Together, we will devise a debt collection strategy that is just right for your company’s past due accounts.

Collection Law Firms Post -Judgment Discovery

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 Court House

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.
steve@gebelofflaw.com

Collection Attorney to Lead Marathon Teams to Benefit Leukemia Research

Collection Attorney Stephen Gebeloff  was chosen  to  be the team-leader for  the Palm Beach Chapter of Team in Training. All money raised by the debt  collection lawyer and his  debt recovery law firm will be used to fund research and  help patients currently  who are currently treating.

Besides the day to day duties of  running his debt collection practice, Gebeloff  enjoys helping others  achieve their fitness goals and also collect money for the Leukemia Society in support of their mission. This season, he will be leading and  training with the Nike San Fransisco Half Marathon and the Marine Core Marathon teams.

Collection Attorney

To help collection attorney Gebeloff  support  Leukemia Research and fund patient services, please consider  making a tax free donation to his fundraising page.   Of course, if there are any questions pertaining to debt collection, domesticating judgments or generally questions  about the  collection industry, please feel free to contact our debt collection law firm  to discuss.

Email Collection   Attorney Gebeloff

Call Our Debt Collection Firm  1-888-345-8677