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

Collection Agencies – Collection Lawyers – Debt Collection

Collecting Money in Florida – Collection Agency – Florida Collection Attorney

In past blogs, we have discussed the difference between using a Florida commercial collection agency rather than a Florida debt collection attorney. Collection agencies are not licensed to practice debt collection law. A collection agency typically will make collection calls and send a few collection letters to your customer to collect your money. If the collection agency is not successful, they then have to charge you a higher contingency fee and send the case  to a collection lawyer.

Debt collection Law Firm Florida

Florida collection law firm

A  debt collection law firm contacting your customer first to make demand for payment, has a bigger impact than your customer receiving a collection letter from a commercial collection agency.  A debt collection lawyer  after sending a demand letter  and calling your customer demanding payment, can then recommend that a lawsuit be started to recover the money that is owed to your company.

Florida Debt Recovery Law Firm

Once a lawsuit is started to recover your money, your company now has greater control over the debt collection process.  Your customer will either recognize the debt and attempt to make payment arrangements with our office – hire an attorney, if there is a legitimate dispute to the debt or ignore the debt collection lawsuit. If the lawsuit is ignored, your company would be entitled to have a default judgment entered against your customer for the amount of the open invoices, costs and interest as allowed under Florida Law.

Florida Collection Attorneys – Lawyers

To learn more about the debt collection process and about how our Florida collection attorneys may be able to help your company recovery its money, we encourage you to contact us and ask to speak to one of our collection attorneys. Working together, we will devise a debt recovery strategy that is just right for your company.

 

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.

 

Florida Collection Agencies Agency

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 Lawyer Stephen Gebeloff

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.

Collecting your money-Debt collection methods

Guide to Internal Debt Collection Procedures

We are always available to answer your debt collection and debt recovery questions.

Florida collection agency EBook

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.

Free EBook Down Load

Collecting your money-Debt collection methods

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 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 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.

 

Can I Collect Attorneys’ Fees Without a Written Agreement in a Florida Collection Case

Yes, typically in order for a creditor to collect attorney’s fees from the debtor there would be to have a credit application, purchase order or invoice that clearly stated that in the event the creditor has to proceed to take collection action, the debtor would be responsible to pay for the reasonable fees and costs of collection. Without any writing allowing for recovery of attorney’s fees, depending on the facts of the case, there may be a Florida Statute that would allow for the award of attorneys’ fees to the prevailing party in the litigation. Absent the above, the general rule in Florida is that each party is responsible for their own attorneys’ fees.

Stephen Gebeloff Florida Colletion Lawyer

Aggressively Pursuing Our Clients’ Interests  Tempered by Seasoned Professionalism

However, if there are no provision for attorneys’ fees in the creditor’s documents, a Florida creditor may wish to consider a Proposal for Settlement. In short by filing a proposal for settlement, the creditor would need to be awarded at least twenty-five (25%) percent more than its offer to the defendant. Thus, if a creditor was owed $100.00 and filed an offer for settlement of $50.00, the creditor would need to have a court award at least $75.00 or more. If the creditor extends such an offer and the debtor does not timely accept the offer and the Court awards at least 25% more than the offer, the creditor can apply to the Court for an award of its attorneys’ fees from the date the offer was to have been accepted.

This can be an effective strategy to get a debtor to be more realistic about settling a case. The drawback for the creditor would be that if the debtor accepted the offer for settlement, the creditor would have to settle for 25% less of the full value of the case. Please feel free to contact our Florida collection law firm and speak to our Florida collection attorney about Offers for Settlement and the specifics facts surrounding your Florida debt collection case. 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 collection 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

 

Stipulation For Settlement in a Florida Collection Case

Stipulations for Settlement are used in Florida debt collection cases when the debtor cannot commit to pay the full amount due and owing to the creditor in one lump sum payment. The Stipulation sets forth payment terms that are enforced by the Florida Courts. If the debtor makes all installments as agreed, there are no consequences to the debtor. However, if the debtor misses a payment, Judgment is entered for the full amount agreed upon in the Stipulation, less payments previously received and credited to the debtor. Once Judgment is entered post judgment enforcement steps can be taken.

Stephen Gebeloff Florida Colletion Lawyer

Florida Collection Attorney

Please feel free to contact our Florida collection law firm and speak to our Florida collection attorney about the specifics facts surrounding your Florida debt collection case. 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

 

Officer and Director Liabilty in a Florida Collection Case

OFFICER DIRECTOR LIABILITY

Our collection law firm continually looks for ways to assert personal liability on an officer or director of a corporation (“officer- director liability”) when there are no personal guarantees on the account. One way is to see if the corporation is still active on the Florida Department of State Division of Corporations website. If the corporation has been administratively dissolved, we look for the effective date of the administrative dissolution. If goods and services were provided during the time that the debtor was administratively dissolved, our collection attorney will assert that the officer is personally liable for the debt because the corporation no longer was officially in existence at the time. Recent case law in Florida, however, has indicated that if a corporation reinstates, the reinstatement would absolve the officer from liability.

Stephen Gebeloff Florida Colletion Lawyer

Florida Collection Attorney

Our collection firm does not stop there. There our other ways to assert officer director liability. We assert that the debtor corporation was under capitalized at the time the corporation placed the order for goods or services. Thus, we assert the officers and directors had knowledge of this fact or should have known this fact. A prudent director would not order $100.00 worth of product with only $5.00 dollars in the bank. We state our cause of action in the collection lawsuit as fraud.

Please feel free to contact our Florida collection law firm and speak to our Florida collection lawyer about the specifics facts surrounding your Florida debt collection case. 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