Hurricane Irma – Harder to Collect Money in Florida

Collecting  Money Owed After Hurricane Irma

Hurricane Irma has brought the Florida economy to a halt. The strain on small businesses may make it harder for your company to collect money from customers to whom you have extended credit.   Hurricane Irma has caused many businesses to board up and close.  This will obviously have an economic impact on everyone and may make it more difficult for your customer to make payments that are  due  because of  cash flow issues.  Once the storm clears,  and things get back to “ business as usual” in Florida,  it is important for your business to stay on top of their collection accounts.

Collection Lawyers - Collection Attorneys

Collection Attorney – Debt Collection Law Firm

Our debt collection law firm is sympathetic to cash flow problems that small businesses may encounter. However, unless your company stays on top of collecting money owed to your company, your company’s account receivable may end up on the bottom of the stack of invoices your customer must pay.  Our collection attorney will make demand for payment and stress the urgency that your customer make payment arrangements to pay the debt owed to your company.  If payment arrangements are not made, our debt collection law firm will recommend that suit be started to collect the money.

Call Our Debt Collection Law Firm

Once a lawsuit is commenced to collect the money owed to your company, if your customer is serious about paying the past due invoices, a payment schedule can be set up. The payment schedule would be filed with the court. If the customer missed a payment, your company would be able to secure a judgment for the amount owed to your company.   Litigation does not always secure payment of money owed to your company.   However, once suit is filed your customer should feel the urgency to get the debt owed to your company resolved.

Speak to a Collection Attorney

Call our debt collection law firm and ask to speak to our collection attorney. Together we will devise a collection strategy that is just right for you.

Collecting Money Owed Your Company

Collecting Money Owed To Your Company With A Florida Collection Lawyer

Our Florida debt collection law firm has experience in collecting past due account receivable owed to your company. Collecting money from companies that owe your company money can be frustrating.  In today’s economy, many businesses are struggling with cash flow which results in paying their vendors on a timely basis. Debt collection hopefully is the last resort for your company and your company has a good internal credit and collection practice in place.   Our collection attorney has authored a book to assist companies set up internal credit and collection practices.  Click here to get your free copy of this informative Ebook on debt collection.

Florida Collection Attorney Gebeloff

Debt Collection Law Firm  – Debt Collection Attorneys

Our collection lawyer has explained before the difference between a commercial collection agency and using a debt collection law firm to assist your company recover bad debt. Collection agencies do have a purpose. However, a collection agency is limited in collecting past due accounts in that they have to   rely on sending demand letters for payment and/or make a series of collection phone calls. A debt collection law firm uses collection attorneys and debt collection lawyers to not only send demand letters for payment of money due and owing, but the collection lawyer is able to file a lawsuit to collect on the past due account if collection letters and debt collection phone calls to not lead to the recovery of your money.

Our Florida collection lawyers also concentrate on collecting on judgments. Once a judgment is obtained there are a variety of methods that our debt collection law firm can employ to try and discover assets.  Obtaining a judgment for money due your company is not necessarily difficult, it is collecting on the judgment and getting you company paid the money  it is owed that  sometimes takes the right skill and finesse  to liquidate the judgment  so that your company collects the money it is owed

Florida Collection Agency Limitations

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:

  1. 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.
  2. 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.
  3. 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.
  4. Try and ascertain a place of employment
  5. 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
  6. Ask the client if they have copies of any checks from the debtor or know where the debtor does bank to possibly attempt garnishment.
  7. 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 commercial collection agency

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

  1. Writ of Execution
  2. Writ of Garnishment
  3. 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.
  4. 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

Florida Debt Collection Law Firm Collecting Commercial Collection Accounts

 COMMERCIAL COLLECTION LAW FIRM

Our Florida collection attorneys will assist your company collect past due commercial accounts

Florida collection agencies have been collecting commercial debt in Florida for many years. When your company choices to engage a Florida collection agency it has become apparent that your customer who is located in Florida has stopped paying invoices in a timely fashion. Florida collection agencies typically hire debt collectors to make collection calls from their Florida collection agency.   Florida collection agencies then will send a series of collection letters to the debtor located in Florida.

Florida Collection Attorney Gebeloff

Florida Collection Attorney Gebeloff

Our Florida commercial debt collection law firm has been receiving debt collection cases from Florida commercial collection agencies when the Florida collection agency has been unsuccessful in collecting on the past due date. In that instance the Florida commercial collection agencies are obliged to increase the contingent collection rate that they charge so that they may then forward the debt collection matter to our Florida commercial debt collection law firm for further handling. Florida collection agencies are not licensed to practice law.

Our Florida commercial collection law firm just like a Florida collection agency will send our collection letters and place collection calls. The huge difference is the customer is now receiving a collection letter from a Florida collection attorney. Collection phone calls are made by a Florida debt collection law firm. There is a greater sense of urgency for your customer to make payment to your company when demand for payment is coming from a Commercial Collection firm rather than a Florida collection agency. Lastly, there is no middleman. Our firm will charge a flat contingent fee on collection. Again Florida collection agencies raise your company’s contingent collection rate upon collection when they forward the claim to a debt collection lawyer.

 

Please contact our Florida debt collection law firm and speak to one of our debt collection professionals. We would be happy to discuss a debt collection strategy that is best suited to help your company recover money that is justly owed.

 

Debtor Stall Tactics in a Florida Debt Collection Case

Once a Florida Debt Collection case is filed, the debtor by hiring a Florida lawyer, can stall your debt collection efforts. Time is money not only to Florida creditors but, to Florida debtors as well. A common strategy to stall which is utilized by Florida debtors is to file a motion to dismiss your collection lawsuit. In Florida by filing such a motion, it prevents a Florida collection attorney to indicate to the Judge that the debt collection case is ready to be placed on the trial docket.

Stephen Gebeloff Florida Colletion Lawyer

Florida Collection Attorney

Our Florida collection lawyer must set the debtor’s motion for a hearing. The hearing may take several weeks to get on the Judges calendar. Once the motion to dismiss the debt collection lawsuit is before the Judge, the Judge will either deny the motion or grant the motion allowing the Florida collection lawyer an opportunity to amend the collection lawsuit.

The goal of any collection attorney and collection law firm is to get the collection case before the Judge as quickly as possible. In Florida, our collection law firm cannot set the case on the trial docket until thirty days after the debtor’s counsel files an answer to the collection lawsuit. Thus, by filing motions to dismiss the collection lawsuit, the debtor’s attorney can delay the collection case by weeks and or months before it reaches a Judge.

Before trial in a debt collection case a collection attorney may try to file a motion for summary judgment. But, any material fact or facts that a debtor can bring before the court in a debt collection case will defeat a summary Judgment Motion.

Our debt collection firm’s goal is to advance the case to trial and judgment as quickly as possible. We welcome you to call or email our firm to discuss a debt collection strategy that is just right for you.

 

Collecting on Fraudulent Transfer in Florida

Florida Collection  Attorney and Collection Law Firm

Florida Collection Attorney and Collection Law Firm

In Florida if principals of a company who are trying to avoid paying the debts of the company attempt to transfer funds and or open up another company, Florida law allows creditors to bring a third-party action against the officers and the new entity to attempt to recover their money. Many debtors in Florida believe simply by transferring money to another person and or opening a new business will put their assets out of reach of creditors in Florida.

With a proper motion brought before a Florida Court, the Judge will grant joinder. This means the officers who transferred money and the new entity will be brought into a Florida lawsuit brought to collect money from the original debtor.

Just because a business appears t be closed or administratively dissolved our Florida Collection Law Firm and Collection Attorney will investigate to see if there is a possibility to assert a cause of action for transferring the money.

Call us if you have any questions about successor liability in Florida for transfer of assets. It is easy to place a Florida collection account with our firm. You may mail or email your supporting documents to our collection firm. Our Florida collection attorney will review your account and then contact you to devise a strategy for your Florida collection matter.

Stephen B. Gebeloff, P.A.
5255 N. Federal Hwy., 3rd Floor
Boca Raton, FL 33487
(561)953-4600
fax(561)953-4610
steve@gebelofflaw.com

 

Florida Debt Collection Services

Stephen Gebeloff Florida Colletion Lawyer

Florida Collection Attorney

Florida Debt Collection Services
Boca Raton , Florida

Stephen B. Gebeloff, Esq. has provided his clients in Florida and the United States debt collection services for more than 25 years. The firm focuses its debt collection services on commercial collection matters. Being a boutique Florida collection law firm, allows us to focus our Florida debt collection services on finding solutions for our clients’ toughest debt collection matters and devise strategies to effectively liquidate our clients’ account receivables.

Our Florida debt collection services law firm takes on debt collection matters from accounts that are just past due to cases in which judgment has already been attained but, our client has not been able to collect on its Judgment. We endeavor to resolve all of our Florida debt collection services cases in an expeditious, efficient and costs effective manner for our clients.

We welcome you to contact us to set up a Florida Debt Collection Services  Collection Strategy for your Debt Collection Needs. Contact  Stephen B. Gebeloff, P.A., Collection Law Firm at (561) 953-4600 or email Mr. Gebeloff steve@gebelofflaw.com to discuss your debt collection needs.