Collecting Debt in Florida – What is the Statute of Limitations
Statute of limitations on debt collection cases in Florida are five years for written contracts and four years for oral contracts. Many collection cases presented to our Florida debt collection law firm relate to goods sold and services delivered. When an account receivable is placed for collection relating to goods sold and delivered the statute of limitations is four years. Our debt collection attorney will confirm to you that when attempting collection of account receivable, the earlier you place your claim with our Florida debt collection law firm or with a commercial collection agency for that matter, the odds of being able to collect your money increase.
Call Our Florida Debt Collection Attorney
Our Florida collection law firm hands commercial collection accounts. Our Florida collection lawyer will send a written demand letter to your customer demanding payment for the products your company has delivered for their services your company has provided but has not been paid. If the demand letter from the collection attorney does not secure payment of the account, our collection law firm would then be able to bring a law suit to collect the past due account. A collection agency is not licensed to practice debt collection law and therefore must send the account to a Florida collection attorney, if the collection agency is unable to collect the past due receivable.
Florida Collection Attorney and Florida Debt Collection Law Firm
We welcome your company calling our debt collection law firm. Ask to speak to our Florida collection attorney about different collection strategies that might be just right for your company. When you work with our Florida collection law firm and collection lawyer, you will be assured that an effective debt collection strategy will be implemented to help maximize your recovery of past due Florida account receivable.
Florida Collection Agencies Differ From Florida Collection Law Firms
Many creditors continue to send past due accounts to Florida collection agencies. Florida collection agencies send demand letters for payment to your customers that owe money. A collection agency can make debt collection phone calls to attempt to recover your company’s past due accounts. Many creditors come to our debt collection law firm after their account has been with a collection agency. What our collection attorney finds after reviewing the delinquent account is that a collection agency holds on to the past due account for too long. Florida collection agencies loss profit when they need to forward your collection account to a debt collection law firm. The reason is that the collection agency has to split the contingent collection fee with the debt collection lawyer.
Florida Collection Agencies and Fictitious Collection Agency Names
Our law firm is not a Florida collection agency. Florida collection agencies are not licensed to practice law. We see many Florida collection agencies take on fictitious names that lead not only companies to believe they are a Florida debt collection law firm, but deceptively try to lead your customers that they are collection attorneys licensed to practice debt collection law. By way of example, a Florida collection agency will take on the fictitious name Jones, Williams and Smith. The Florida collection agency then instructs their debt collectors to make collection calls stating they are with the firm of Jones, Williams and Smith. That is a highly deceptive practice misleading your customers who are in collection to believe they are being contacted by debt collection attorneys from a Florida debt recovery law firm.
Florida Collection Attorney Gebeloff
Our Florida collection attorney believes that creditors will get better results sending their delinquent accounts directly to our Florida debt collection law firm. Our Florida collection attorney will send an attorney demand letter, demanding payment of the Past due account. If immediate payment arrangements are not made, our debt collection attorney will set forth a debt collection strategy and discuss with your company how your company’s money may or may not be able to be collected. Please feel free to call our Florida collection law firm. We will explain in detail how we differ from a Florida collection agency. Together we will devise a collection strategy that is just right for your company to pursue past due delinquent accounts.
About Collection Agencies:
Collection Agency Directory
Florida Collection Agency
Florida Collection Agencies
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 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.
Florida Collection Agencies Hire Our Florida Collection Attorney For Their Collection Agency
Florida collection agencies have been contacting our debt collection law firm more frequently because it has been coming more difficult for their Florida collection agency to collect on past due accounts. The difficulty for Florida collection agencies is that the collection agency is limited to making collection calls and sending out demand letters for payment. This is still a very tough economy and Florida collection agencies do not have the same effectiveness as a Florida collection attorney filing a lawsuit to collect money.
Collection Attorney Stephen B. Gebeloff
Our Florida collection lawyers work with Florida collection agencies when the Florida collection agency after sending debt collection letters and after making telephone collection calls, has been unable to effectuate collection of their clients account receivable. Our debt collection attorneys look at a variety of credit and collection strategies to devise a collection strategy that Florida collection agencies cannot implement. Florida collection agencies are not license to practice law. Because of that, the collection agency has to refer the collection case to our Florida collection attorney and charge you a higher contingency fee.
Collection Agency Alternative
Recognizing that creditors are paying high contingency fees to Florida collection agencies, our debt recovery law firm has implemented a low flat fee attorney demand letter service. Just as Florida collection agencies send demand letters for payment, our law firm will not charge a contingent fee like a Florida collection agency. Our collection attorneys also offer a flat fee telephone demand service.
We invite you to visit our web site to learn more about how we can save your company money by choosing our attorney demand letter service to attempt collection of your companies past due accounts rather than using a Florida commercial collection agency.
We also offer companies access to our free EBook.
Guide to Internal Debt Collection Procedures
We are always available to answer your debt collection and debt recovery questions.
Florida Collection Agencies Read Our Debt Collection Book
Collection agencies in Florida continue to refer their commercial collection accounts to our debt collection lawyers. A Florida collection agency can only utilize making collection phone calls and send demand letters for payment. Florida collection agencies are not licensed to practice law in the State of Florida. Once the Florida commercial collection agency has exhausted its efforts in trying to collect past due accounts, if the creditor wishes to pursue litigation, the Florida collection agencies must refer the account to a Florida collection attorney.
Our Florida debt collection law firm has written an EBook that is available to assist our clients manage their account receivables. We discuss the differences between a Florida collection agency and a Florida commercial collection law firm.
Guide to Internal Debt Collection Procedures
Florida collection agencies sometimes hold onto past due debt collection accounts too long
Many times we find that Florida collection agencies hold onto a collection account for an extended period of time when it is apparent that litigation is required to effectuate collection. We believe a collection account should be with a collection agency no more than thirty (30) days before forwarding the account from the commercial collection agency to a collection attorney if there is not a solid repayment plan put into place by the Florida collection agency.
After reading our EBook, we would be happy to discuss implementing an effective debt collection strategy for your company. We would be happy to also partner with any Florida collection agency that may need our assistance after traditional tactics utilized by Florida collection agencies have not convinced the debtor to enter into a repayment plan. There are many avenues that we may be able to pursue in attempting collection of your past do accounts.
Florida Collection Agencies Have Limitations
In previous articles, we have been discussing why collection agencies may not be the best alternative when your company is trying to collect an account receivable. A collection agency is not licensed to practice law and cannot give your company legal advice about debt collection in Florida. Many Florida collection agencies retain our Florida debt collection law firm once traditional collection practices employed by a Florida collection agency have been exhausted.
A Florida Collection Agency Cannot Practice Law
There are basic steps every Collection Attorney should undertake when representing a judgment creditor in order to assess the likelihood of recovering from a judgment debtor. In addition, a Florida Attorney undertaking to collect on a Judgment should be versed in the various rights and remedies that are available to Judgment creditors afforded by Florida Law, that when used correctly, may lead to recovery of money towards satisfaction of the Judgment.
Below are steps that a collection attorney should perform when analyzing a collection matter and making an assessment as to the viability of collection:
- Speak to the creditor client to determine if the client has any knowledge if the Judgment debtors may be associated with any business entities and officers, directors, partners, members. This information is useful as Florida law permits a charging lien to be issued and served on an entity against a Judgment debtor’s interest in an entity.
- Perform their own search of the Florida Department of State Division of Corporations to see if the Judgment debtor is listed as an officer or managing member or partner in any business.
- Use public record search programs made available to collection attorneys such as Accurint or Lexisnexis to get a broad profile on the debtor including, but not limited to, addresses the debtor has lived at, corporations the debtor was and/or is an officer, properties that are and/or were owned by the debtor, automobiles that were and/or are owned by the debtor.
- Try and ascertain a place of employment
- Ask the client about their knowledge of what assets the debtor may own that may satisfy the judgment, including, but not limited to household furnishings, automobiles, jewelry and/or other personal property of value
- Ask the client if they have copies of any checks from the debtor or know where the debtor does bank to possibly attempt garnishment.
- Ascertain if a Judgment Lien was recorded with the Division of Corporations. If not advise the Client of the effect of filing a Judgment Lien and discuss whether it would be prudent to file a Judgment Lien even if it is decided by the client they do not want to spend any more time or money pursuing collection of the Judgment.
Florida Debt Collection Agency
Florida Collection Agencies Hire Our Collection Law Firm
Once an analysis of the information is obtained from the non-inclusive list above, a discussion with the client should be undertaken explaining possible costs involved, strategies that can be put in place to attempt collection and a reasonable timeline provided as to how post judgment collection proceedings may play out depending on how a debtor may or may not respond to post judgment collection efforts.
Once it is decided that the client wishes to proceed with collection efforts below are several, non-inclusive steps, that an attorney may utilize to attempt collection
- Writ of Execution
- Writ of Garnishment
- Pursuant to Florida Rule of Civil Procedure 1.560 obtain Post Judgment Discovery in Aid of Execution, including, a Fact Information Sheet directed to the debtor ( Pursuant to Florida Rule of Civil Procedure 1.977), and/or any other form of discovery including request for documents, interrogatories and/or depositions of the debtor or third parties.
- Commence proceedings supplementary pursuant to Florida Statutes Section 56.29
Feel free to contact our Florida debt collection law firm. We will discuss how we differ from Florida collection agencies. A Florida collection agency can only provide limited debt collection services in Florida.
Florida Collection Agency Directory
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.
Retail Collection Agencies Regulated by the FDCPA
A collection agency is employed to collect debts either on commercial debt collection or retail debt collection accounts. When collecting debts from consumers or individuals who owe money from transactions that are not related to a commercial transaction, the account is considered a retail debt collection account. The collection agency is regulated by the FDCPA (Fair Debt Collection Practices Act). The collection agency is prohibited from employing debt collection tactics that may mislead or be overly aggressive. There are many prohibitions detailed in the act and collection agencies should be very careful when attempting collection of consumer accounts. There are law firms that their entire law practice concentrates on suing collection agencies that violate the act.
Commercial Collection Agencies
Commercial collection agencies that only collect on commercial collection accounts are not bound by the FDCPA. Our debt collection law firm mainly collects on commercial collection accounts as we do not want to subject our debt recovery from to the rigors of the FDCPA. We perform the same services as a commercial collection agency and more. Just like a commercial collection agency our law firm will send out collection demand letters demanding payment for your company’s money. Our debt collection attorneys will also make telephone calls just like a commercial collection agency to attempt to collect money and to determine the nature of the dispute, if any.
Florida Collection Agency
A commercial collection agency is not a collection law firm. Collection agencies are not licensed to practice law. A collection agency cannot file a lawsuit to collect your money. The collection agency has to send your debt collection account to a collection law firm. In most cases, the collection agency will be obligated to charge a higher contingent fee rate to act as an intermediary between the collection attorney and the client. If your company knows form the outset that the account is going to be difficult to collect or require litigation, rather than placing the account with a collection agency, retaining a commercial collection law firm with experienced debt collection attorneys and paralegals.
Feel free to contact one of our debt collection lawyers or paralegals to discuss your company’s debt collection needs.
Debt Collection Agency or
Debt Collection Law Firm
When your internal collection efforts have failed, it is time to consider turning the account over to either a collection agency or collection law firm. Your company has to consider whether they want to pursue hard or soft collections.
Soft collections is used when client relationships want to be maintained. Your customer is sent gentle demand letters and telephone calls are made to try and work with your customer to determine the root cause of the delinquency and then to try and establish creative solutions to recover your money in both an amicable and most expeditious way possible. The goal is not to alienate your customer with the hopes that once your customer’s account is brought current the business relationship can continue.
Hard collections are employed when it is apparent that your customer has no intention of or does not have the resources to pay for the services you have provided or for the goods that you have sold and delivered. The telephone calls are made and demand letters are written in a manner to make it clear to our customer that if payment arrangements are not made immediately, litigation may be started to recover your money.
Using a Collection Agency
A collection agency may be considered where balances on accounts are too small to consider filing a lawsuit. In this instance, the debt collection agency can continue to make collection calls and send letters. They can be a valuable resource for a company that has multiple small balance past due accounts. However, collection agencies have their limitations in that they are not attorneys and can only go so far in demanding payment. If litigation is required the collection agency has to outsource the account to a collection attorney and your company will end up paying a higher contingent fee as the collection agency typically charges a higher rate once an account is sent to an attorney.
Debt Collection Law Firm
A debt collection law firm can perform the same debt recovery services as collection agency and more. The law firm is equipped to make telephone demands and send collection letters. The collection law firm can also utilize soft collections or hard collections as necessary. Importantly, the debt collection law firm gives your customer a stronger sense of urgency to resolve the outstanding debt. Further a collection attorney is able to file a lawsuit, levy on assets and garnish bank accounts if necessary to collect your money. A lawyer can give provide you with legal advice and opinions onthe best course of action to take an alternative theories in which it may be possible to impose personal liability on officers of the company for the debt even if there are no personal guarantees on the account.
Florida Debt Collection Agency
What to consider when deciding to use a Florida Collection Agency
A Florida debt collection agency may be ideal for creditors with multiple past due accounts with small balances that are past due. When collecting money a Florida debt collection agency may send demand letters and make phone calls in an attempt to collect your money. A Florida debt collection agency usually hires debt collectors to make numerous phone calls to persuade the debtor to pay.
A Florida debt collection agency cannot practice law. If the Florida debt collection agency is unable to collect your money with phone calls and debt collection letters the collection agency must then send the account to a Florida debt collection law firm.
Florida Debt Collection Agency
Our Florida debt collection law firm receives many accounts from a Florida debt collection agency that has been unable to collect the debt by phone calls and letters alone. We find often that a Florida debt collection agency will hold on to the account to long before forwarding the claim to our law firm for collection. The collection agency does not want to forward the account if it does not have to because their contingency fee will be reduced in that the case has now been sent to a collection lawyer.
Please keep in mind that our debt collection law firm uses collection lawyers and debt collection paralegals to attempt the collection of past due accounts. Just like a Florida debt collection agency our debt collection firm can send demand letters and make collection phone calls. The advantage to a client coming to our collection practice instead of using a Florida debt collection agency is that the contingency rate will be lower if the account has to go to litigation, collection demands are coming from a collection law firm and collection attorneys and paralegals are handling the account. Putting the power of a debt collection law firm may be right for you before your company considers a Florida debt collection agency. Please feel free to contact our debt recovery law firm to discuss your options.