Collecting Debt in December – Collection Attorney Can Help

Debt Collection -Recovery  in December – Not the Most Wonderful Time of the Year to Collect Money

December brings the holidays and with it small business owners not only having to pay their suppliers, but also have the added pressure of having to buy presents for their friends and families. Our debt collection law firm has noticed a trend that many of the companies who we make collection calls to attempt to recover our clients’ past due account receivable   overwhelmingly have the same outcome – “We really do not have the money to pay this invoice and/or  open account.”  Our collection attorneys have noticed that cash flow for most small businesses is on the decline making it harder for our clients to secure timely payments on their account receivable.

Collection Law Firm Florida

Collection law firm – Collection Attorney

Our collection attorney law firm believes that in most cases it takes a collection lawsuit to get the attention of your customer. Until a lawsuit is brought to collect on your company’s open account receivable, your customer may be out buying holiday presents for their friends and family, rather than paying your company on past due invoices.  When it comes to collection money, our collection lawyers believe that time is not on your side.  The more legal pressure that is put on your customer to pay past due invoices, the greater are the chances to recover the money due and owing to your company.  A collection agency is not always the best option to collect money.

We Are Not a Collection Agency

When you call our debt collection law firm, you will be able to speak to our collection attorney to devise a debt collection strategy that best fits the needs of your company and takes into account the financial position of  the customer who owes your company money. Collection agencies are not licensed to practice law. A collection agency can only make debt collection calls and send collection letters demanding payment.

Collection Agencies Are One Dimensional – Call Our Collection Attorney

Ask us how our attorney debt collection law firm differs from a commercial collection agency. Yes, collection agencies have a purpose, but when in December collecting money is not the most wonderful time of the year, let our debt collection lawyers guide you in establishing  the best strategy to help your company move into the new year  with a debt collection strategy that  is right for your company. Let our collection law firm help you recover ore money in the months and years ahead.

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.

 

Debt Collection From Scamming Landlord

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.

Debt Recovery Firm

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.

Debt Recovery – Debt Collection Law Firm

Collection  Agency or Collection Attorney

December is the time of year many businesses take a pause to self asses the year their business had. Many small businesses struggle with cash flow. Companies that have outstanding account receivable often do not have a system in place to pursue bad debt / past due accounts.   Our debt recovery law firm has put together a free -E-book to assist companies with their debt collection policies and procedures. Inside the book our collection attorney provides some strategies that may assist a company sharpen up their internal debt collection procedures.

Collection Lawyer Stephen Gebeloff

Collection Attorney Stephen B. Gebeloff

If a business has done everything they believe was possible to collect past due accounts, they often may start to consider sending the account to a collection agency.  Collection agencies may be an effect tool for debt recovery, but we have discussed the differences between a collection agency, collection attorneys, and debt collection law firms.  A collection agency is not licensed to practice debt collection law.  Collection agencies typically send accounts to collection attorneys throughout the United States. To send collection accounts to collection lawyers a collection agency must typically charge a higher contingency fee. The reason is that the collection agency is simply acting as a middleman.

Collection Agencies and Debt Recovery Law Firms Are Not The Same When It Comes To Collecting Past Due Accounts

Most commercial collection law firms can provide the same services that a collection agency can, but as stated above, because collection agencies are not collection attorneys, a debt recovery law firm can be a lot more powerful way to attempt the collection of your company’s overdue accounts. A letter and phone call from a collection attorney lets your customer know that your company is serious in pursuing the collection of the past due account.

 

There are many variants to being able to collect a past due account. Our debt collection law firm believes that before a lot of money is spent on contingent collection fees, a flat fee alternative should be considered. To learn more about flat fee debt collection attorney fee programs our commercial collection law firm provides, we encourage you to contact one of our debt recovery law firm and ask to speak to someone from our debt collection and recovery team.   CLICK HERE TO LEARN MORE

Florida collection agency-agencies

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 commercial collection agency

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.

 

Debt Recovery Lawsuit

Where Should Your Company File a Debt Recovery Lawsuit

The question is often asked by our commercial debt collection clients where should suit be filed against their customer with delinquent account receivables when their customer is not located in the same State. There are two choices. A debt collection lawsuit can be brought in the State where the client is located or a collection lawsuit can be brought in the State where the client’s customer is located to attempt recovery of the debt.

Bringing a debt recovery lawsuit in the State where the client is located has logistical advantages but, not always the fastest way to recovery debt from a customer who seems to be intentionally ignoring the obligation to pay. It is true that our client may not have to incur the cost of traveling to the debtor’s State to attempt recovery of the debt but, typically if the debt recovery suit is brought in the client’s State the debtor will simply ignore the suit and a default judgment will be obtained. At that point, the client will then have to domesticate the judgment in the debtor’s State to be able to seize the debtor’s assets. This slows down the debt recovery process.

Debt recovery law firm

Debt Recovery Law Firm

Our commercial debt recovery law firm recommends that   debt collection lawsuit be brought in the debtor’s State. If the debtor is still operating that is where the debtor’s assets are going to be to levy and or garnish. It is true that the client may have to travel to attend trial but, typically if a debtor is simply stalling and not offering any legitimate defenses, our debt recovery attorneys have found that the same default judgment can be obtained in the debtor’s State and debt recovery efforts can begin sooner. In this scenario the client would not have to travel at all. The default judgment could be obtained simply by providing an affidavit as to the delinquent account receivable.

Our debt recovery law firm has a network of highly skilled debt recovery lawyers throughout the United States. Please call our debt recovery lawyers and discuss what the best strategy is to pursue recovery of your delinquent account receivables no matter where your customer may be located.

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

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

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.