Collection Law Firms Ensure Debtor Compliance with Discovery in a Debt Collection Matter
After a judgment is obtained in a debt collection case, the Court typically orders that the debtor be required to answer post-judgment discovery. Our collection lawyers can either take the deposition of the debtor or prepare interrogatories to assist our collection law firm discover assets in the debt collection matter. Depending on the balance of money owed to our client, our collection attorney will recommend which is the most cost effective way to proceed.
Our collection attorneys are able to compel the debtor in a debt collection matter to make a full financial disclosure of its assets. If the debtor does not comply our collection lawyer will petition the Court to have the debtor appear for the Judge and explain why the debtor has not provided the required financial disclosure. Once there is a disclosure our collection law firm will discuss with the creditor the best way to attach assets.
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Our collection attorney always asks a client if they have any bank account information from past business transactions with the debtor. The debtor may be using the same bank account. Our collection lawyer will then have the Court issue a writ of garnishment. The writ of garnishment is then served on the bank. If the debtor still maintains accounts, the bank will notify our debt collection law firm. Then after 30 days, our collection lawyers will petition the court to then turn over the funds being held by the bank to our attorney trust account on behalf of our clients.
Our collection law firm would be happy to discuss post judgment collection strategies and or debt collection strategies with you. Please feel free to contact our collection law firm and speak to our debt collection attorneys. Our debt recovery firm would be happy to devise a collection strategy that is just right for your company.
After a Judgment is obtained in Florida there are several different methods to consider to effectively liquidate your judgment. However, as a matter of routine practice a certified copy of the Florida Judgment should be recorded in any Florida county that you believe the debtor may have real property. This will act as a lien against that property. The Judgment should also be recorded with the Florida Department of State, Division of Corporations to secure a judgment lien against the debtor’s personal property.
Our firm will attempt to garnish a debtor’s bank account if that information is available. Surprisingly, many debtors have paid our clients in the past and still use the same bank account. If there is no banking information available, our collection firm will serve a Fact Information Sheet, pursuant to the Florida Rules of Court on the debtor. If the debtor fails to answer the Fact Information Sheet in a timely manner, our law firm can petition the Court to have the debtor appear before the Court and tell the Judge why it has not furnished our firm with the debtor’s financial information. If the debtor fails to appear before the Court, the Judge can order that a Writ of Bodily Attachment be issued. If that occurs, the debtor will be picked up by the Sheriff’s Department and face possible incarceration for failure to comply and appear before the Court.
Our firm may consider other avenues such as bringing in a successor entity or the debtor’s principals for fraudulently transferring its assets to either an insider of the debtor or another closely held entity. We can take a debtor’s post judgment deposition to discover assets. We can also serve a wage garnishment, if we are able to determine a place of employment for the debtor.
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 Post Judgment matter. After a review of your case, Mr. Gebeloff will devise a post judgment collection strategy that is appropriate for you.
Contact Stephen B. Gebeloff, P.A., Collection Law Firm at (561) 953-4600 or email Mr. Gebeloff email@example.com to discuss your post judgment debt collection needs.