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 .
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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.
Using a Florida Collection Agency or Florida Collection Agencies
Florida collection agencies continue to collect debt in Florida. A collection agency in Florida needs to register with the State of Florida to have a collection agency license. A Florida collection agency may be a good fit for company that has a high volume of low balance claims for collection that are too small to justify filing a debt collection law suit. Florida collection agencies typically send our collection letters and then use debt collectors to make debt collection phone calls from their Florida collection agency office.
Even though a Florida collection agency may hold a license to collect debt in Florida, there really is no oversight over the Florida collection agencies over what tactics they may employ or how effective they may be at collecting debt in Florida. More credit managers are recognizing that they no longer need to place their debt collection claims with Florida collection agencies. A Florida debt collection law firm offers the same services as a Florida collection agency. However, what is important to recognize is that Florida collection agencies do not hold a license to practice law.
Florida Debt Collection Agency
If a Florida collection agency want to suggest that a collection case needs to go to an attorney, the Florida collection agencies have to outsource the collection matter to a Florida collection attorney. The end result is the Florida collection agency has to charge you a higher contingent fee as the Florida collection agencies now have to act as a middle man and will charge a premium on top of what the Florida collection law firm charges.
Our Florida collection lawyers will be happy to discuss the difference between Florida collection agencies and Florida collection law firms. In some instances utilizing a Florida collection agency may be a good option. However, in most cases using a Florida debt collection law firm will prove to get better results as the debtor recognizes that using a Florida collection law firm over a Florida collection agency means that your company intends to use the Florida courts to help your company recover its money.
Collection Agencies Must Be Licensed
Florida collection agencies are licensed in the State of Florida to collect debt. It is important when choosing a commercial collection agency in Florida to make sure the collection agency is in fact licensed. Several of our clients have come to our Florida debt recovery law firm after first utilizing the services of what they believed at the time to be a reputable licensed full service commercial collection agency.
Our collection law firm recognizes there are several good commercial collection agencies in Florida. As we have stated in past articles, a Florida collection agency can be a very good option for clients that have a high volume of debt collection cases with small balances. The collection agencies can send out several demand letters and make multiple collection calls in an attempt to collect on the past due account receivable. These small balance cases do not warrant filing a law suit to recover your company’s money as the cost would be prohibitive.
Florida Commercial Collection Agency
It is important for our law firm’s clients and potential clients to recognize that a commercial collection law firm can provide the same debt collection services as a Florida commercial collection agency. However, what is most important to recognize is that Florida commercial collection agencies are not licensed to practice law. The collection agency cannot file suit. The case must be referred to an attorney. The end result is that you will have to pay a higher contingency fee on the collection of your money as the collection agency will share the contingent fee.
If you would like to call our Florida commercial collection law firm, one of our collection paralegals or collection attorneys would be happy to assist you in deciding the best debt collection strategy that is right for your company.
Debt Collection Services in Florida
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Debt collection services in Florida can be provided by commercial collection agencies. Commercial collection agencies in Florida need to be licensed. It is important to make sure when retaining a commercial collection agency in Florida to make sure that the Florida collection agency in properly licensed to provide debt collection services in Florida.
When providing debt collection services in Florida the Florida collection agency should first send out a collection demand letter. The letter should be clear and indicate to the debtor that the commercial collection agency is providing debt collection services in Florida. The letter should not mislead the debtor in anyway or imply that the debt collection services in Florida are not from a debt collection attorney.
Debt Collection Services in Florida
The Florida collection agency is allowed to make collection phone calls when providing debt collection services in Florida. When making debt collection phone calls the Florida collection agency should try and ascertain whether the debtor is still active, whether the debt is disputed and/or an amicable solution can be obtained before recommending the case be forwarded to a Florida debt collection law firm.
Debt collection services in Florida are not always best handled by a Florida collection agency. There are times where it is apparent that the debtor has transferred assets, closed its business and opened a new corporate entity and/or has simply implied it will not pay a debt that is justly due and owing. Most reputable Florida collection agencies will then forward the case to a Florida collection attorney to continue to provide debt collection services.
Debt collection services in Florida provided by a debt collection attorney can sometimes be more effective. A collection attorney can put the power of a lawsuit behind your demand for payment. Another option The Gebeloff Law Group offers is an Attorney Collection Demand Letter Service.
Feel free to contact our law firm to discuss debt collection services in Florida.