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
Collection Agency-Collection Attorney eBook
Implementing an effective debt collection strategy for your company
Collection Attorney, Stephen Gebeloff is set to release his eBook to help companies with internal debt collection and external debt collection policies and procedures. The eBook is entitled “Collecting Account Receivables.” The eBook was written to help companies tighten up their internal collection procedures. The sub-title of the debt collection book is “Don’t Let Your Company’s Money Burn.”
Guide to Internal Debt Collection Procedures
The debt collection attorneys at our commercial collection law firm believe that if more companies were more proactive with their internal procedures relating to collecting their past due accounts, they would find that there would be a higher rate of recovery on accounts that they extend credit to.
The eBook discusses the differences between collection agencies and collection law firms. Using a commercial collection agency can be useful in some situations. However, credit managers should be mindful that a collection agency is not licensed to practice law. When using collection agencies, if the collection agency is unable to collect on an account, they then must send the file to a commercial collection law firm. The collection agency will charge your company a higher contingency fee as the collection agency will act as a middleman and want to retain a percentage of the contingency fee.
The eBook also discusses the debt collection process once a file is turned over to either a collection agency or debt collection law firm. Once a lawsuit is filed to attempt collection of past due accounts, the various scenarios are discussed. The e-Book gives an outline of the debt collection process. The collection attorneys at The Gebeloff Law Group are always happy to answer any questions your company may have. We will discuss the differences between commercial collection agencies, commercial collection law firms and how each may or may not be appropriate to help your company recover past due 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
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.
USING A DEBT COLLECTION LAW FIRM TO ASSIST COLLECT PAST DUE RECEIVABLES
Our collection lawyers recognize, in this tough economy, many businesses are struggling with cash flow. Our collection law firm can assist a company in collecting their past due collection accounts. Our collection attorneys are sensitive to the tough economy and work with our collection clients to implement a debt collection strategy. Not every debt collection matter is the same. Each one of your customers is unique and our collection lawyers work with you to identify the specific issues presented. Our collection attorneys work with you to identify what may have put your customer in a situation where they are now behind in paying their past due invoices.
Our collection law firm will not only send a collection demand letter but, our collection attorneys will investigate the customers corporate status, attempt to speak with the owners of the company and then make a recommendation as to the best debt collection strategy for your company. Sometimes we may suggest that your company may better be suited using a debt collection agency. Our collection attorneys will ask you specific questions that will help you decide whether to use a collection agency or a collection law firm.
Palm Beach County Court House
If your company has many low balance past due accounts, a collection agency may be ideal. However, a collection agency cannot give legal advice and a debt collection agency cannot file a law suit if necessary. Not every debt recovery matter needs a collection lawsuit. That is why it is important to speak to our collection attorneys and decide together a debt recovery strategy. Sometimes it makes sense to place some of your past due accounts with our collection law firm and other accounts with a collection agency.
Call our collection law firm and ask to speak to one of our collection attorneys. Together, we will devise a debt collection strategy that is just right for your company’s past due accounts.
Florida Collection Attorney
In Florida, once a Florida Collection Law Suit has been filed, the Clerk of Court will assign a case number. The Clerk will also issue a summons to be served on the Florida Debtor with the collection lawsuit. The summons will direct the debtor to file a responsive pleading to the creditors allegations contained in the complaint within twenty (20) days. If the debtor does not file a responsive pleading, our Florida collection attorney will petition the Court to enter Default. If a responsive pleading is filed, litigation with ensue pursuant to the Florida Rules of Court. The Florida litigation process will be examined in future posts.
If Default is entered, our Florida collection law firm will prepare an affidavit for the creditor to fill out and return to our office. The affidavit will indicate how much money is due to the creditor. Once the affidavit is returned to our Florida collection lawyer will file a motion to enter default judgment with the Court. Our Florida collection law firm will ask the court for the costs incurred by the creditor to file the collection lawsuit and prejudgment interest. In Florida each party is responsible to pay their own attorney’s fees in a collection case unless there is a written agreement between the parties allowing the recovery of reasonable attorneys’ fees , the purchase orders and or invoices allow for the recovery of attorney’s fees or as allowed by a Florida Statute.
Once Default Judgment is entered in Florida, our Florida Collection Firm and collection lawyer will be able to begin enforcing the Judgment and attempt to collect your money that is due. Post Judgment collection techniques in Florida will be discussed in other posts on this site.
There are many things to consider when trying to collect a Judgment in Florida. Please feel free to contact our Florida Collection Firm to discuss your Florida collection cases. After a review of your case, Mr. Gebeloff will devise a collection strategy that is appropriate for you.
Contact Stephen B. Gebeloff, P.A., Collection Law Firm at (561) 953-4600 or email Mr. Gebeloff firstname.lastname@example.org to discuss your Florida debt collection needs.
Florida Collection Attorney and Collection Law Firm
Creditors often ask us what the difference is between using a Florida collection agency or several Florida collection agencies as opposed to using a Florida Collection Attorney or Florida Collection Law Firm. Florida collection agencies do have their purpose. If you are looking for a debt collection strategy that sends out collection letters to debtors and then follows up with repeated calls demanding payment, a collection agency may work when the age of the account receivable is not that old. But, over time, or even now with businesses having a harder time with their cash flow, collection letters and phone calls from a Florida collection agency may not be enough to get your money collected.
When you use a Florida debt collection law firm or a Florida collection attorney or lawyer, the Florida collection lawyer will be able to start a lawsuit to help you effectuate collection. Receiving a summons and a complaint on a collection case starts the clock ticking for the debtor. The debtor now either knows it will have to offer a plan to settle the collection suit, hire a lawyer to defend the Florida collection lawsuit filed by the lawyer. If the debtor fails to respond, the Florida collection lawyer and or Florida collection law firm will be able to move to enter default judgment. The Florida collection lawyer will be able to then begin to look for assets to garnish.
In summary, Florida collection agencies at times can get the results a creditor is looking for. But, in the end, the urgency for the debtor to act to pay a creditor money that is due is much stronger when the collection demand for payment comes from a Florida collection lawyer or law firm.
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
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 email@example.com to discuss your debt collection needs.