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.
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 .
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.
Collection Agencies Refer Their Debt Collection Files from Their Collection Agency to Our Debt Collection Law Firm
We have been discussing the differences between a debt collection law firm and commercial collection agency in several past articles on our debt collection blog. The first thing that our collection law firm emphasizes to our clients who seek our counsel in how to collect on past due collection accounts is that collection agencies are not licensed to practice law.
Collection agencies are limited in the means and methods available to the collection agency in attempting to recover past due accounts.
A typical collection agency will send out a series of collection letters and then make repeated phone calls. In these tough economic times, that usually is not enough. Most businesses today have very tight cash flow and phone calls and letters from a collection agency may not give the debtor enough incentive to make payments to your company first.
Florida Collection Attorney Gebeloff
When you engage a debt collection law firm instead of utilizing commercial collection agencies, you know put the power of the imminent threat of legal action behind your demand for payment on the past due account. It is true that the cash flow of a business presented to a collection agency when they are attempting to collect a debt will be the same as presented to the debt collection law firm but, once a debtor is served with a summons and complaint from a collection attorney, the timetables for payment change.
In our next blog post we will discuss what some of the scenarios your company may expect from a debtor after being served with a debt collection lawsuit. A debt collection lawyer backed by a commercial debt collection law firm can provide several different debt collection strategies for your company to consider. We will make clear why using a commercial debt collection law firm over a commercial collection agency may be the better alternative for your company when implementing a debt collection strategy.
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
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
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.
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.