Collection Attorney-Marathon Man

COLLECTION ATTORNEY TO RUN CHICAGO MARATHON

To Benefit The Leukemia and Lymphoma Society

Collection Attorney, Stephen B. Gebeloff of The Gebeloff Law Group, a Commercial Debt Collection Law Firm will be joining Team in Training, Palm Beach Chapter to run the Chicago Marathon in October 2015 to benefit The Leukemia and Lymphoma Society.

When Gebeloff is not behind his desk at his commercial debt collection law firm, he is spending many hours out on the road training.

Collection Attorney

Collection Attorney to Run Chicago

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“Life is not all about being a debt collection attorney,” Gebeloff explains. Besides collecting debts and collecting on judgments for his clients, Stephen Gebeloff believes that it is important to give back to the community. Gebeloff says “knowing I can personally help make a difference in the battle against cancer helps me run the many miles needed to prepare for the marathon.”

This year too many close friends and family members have been diagnosed with Leukemia. “It changes the way you see life. I enjoy my debt collection practice but, seeing others struggle battling cancer makes you realize work is not everything. Your health is the greatest gift you can have” states Gebeloff.

Cancer is not something that will just miraculously go away. It takes time, a lot of patience and can be quite physically, as well as emotionally, draining. People have to spend hours going through chemo, worrying about whether they can keep working, and if they can’t how will they afford to live without an income? At least, this is where disability insurance comes in (you can find out what is disability insurance here). But even with that to help, it can still be an incredibly scary and difficult time.

Gebeloff has been a commercial debt collection lawyer, practicing debt collection law for most of his career. He finds running to find a cure very rewarding undertaking when he is not at work. In his debt collection law practice he very rarely has a dull day at the office. When he is not collecting debts for his collection clients, he loves to lace up his sneakers and run with his teammates. Most teammates from Team in Training become friends for life. “We all imagine a world without cancer,” Gebeloff affirms.

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If you have further questions about the Gebeloff Law Group and its collection law practice or want to speak to Steve about his running, call him . Together, he will devise a debt collection or running strategy, that is just right for you.

If you would like to Donate to The Leukemia and Lymphoma Society and support collection attorney Gebeloff’s marathon run, you may make a tax deductible contribution by clicking the link below.

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Attorney Demand Letter

Attorney Demand Letter Service for the Collection Industry

The Gebeloff Law Group is excited to announce a new attorney demand collection letter service to creditors. The attorney demand letter service allows creditors to place debt collection claims initially at a flat rate fee rather than being obligated to pay a contingency fee for debt collection. The concept is to send the attorney demand letter to a debtor and to inform the debtor that this is their last chance to make payment arrangements on past due receivables.

Attorney Demand Letter

Attorney Demand Letter

If collection of money due to your company does not result from the attorney demand letter, our collection attorney will consult with our collection client and decide if they would like to place the claim for debt collection litigation. The concept of the debt collection attorney demand letter program is save companies money. Rather than a creditor paying a contingency fee , sometimes a debtor just may need the final push of an attorney demand collection letter and a phone call from a collection lawyer to get the debtor to pay your company money due and owing.

To place an attorney demand letter our collection clients can visit our web site attorneydemandletters.com. Once they are on the attorney demand letter site, there will be instructions on how to submit a claim for our collection attorney demand letter service. If a client feels that a collection attorney demand letter most likely will not be enough to persuade a debtor to pay their outstand account, the debt collection client can also place the debt collection account for litigation with our debt collection law firm.

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For more information on the attorney demand letter debt collection program, our clients can visit our website or call our collection firm to discuss the attorney demand letter program. Together, working with our collection attorneys, a debt collection client can determine if the attorney demand collection letter program is the right approach to collect their money.

Mediating a Florida Debt Collection Case

Mediating a Florida Debt Collection Case

Mediation in Florida is required before a Florida Collection case can proceed to trial. Florida debt collection cases are not all the same and it is typical for a debtor to presents defense to payment of debt. Typical defenses to Florida collection cases are that the goods sold or delivered were non-conforming; the goods shipped were delivered late and or the product did not meet the quality standards the debtor expected.

Our Florida collection attorneys-lawyers are all very familiar with the defenses raised in a typical Florida debt collection case. Our Florida collection law firm will propound discovery in the form of interrogatories and request for production of documents to flush out the true nature of the debtor’s defense to the collection lawsuit.

By sending discovery our Florida collection attorneys-lawyers will know before attending mediation what the true obstacles to your company collecting money may be. Before attending a Florida mediation our debt collection clients will be better prepared to make an informed business decision before deciding whether to settle their collection case at mediation or bring their Florida debt collection case to trial.

Our Florida debt collection firm and its attorneys-lawyers are cognizant of the risk and reward of settling a case at mediation rather than waiting to take the collection case to trial. If a client settles a debt collection case at mediation, the client is empowered to decide the outcome of the case the day of mediation, rather than waiting on a trial date. Based on the backlog in the Florida Court system, it may be prudent to take a settlement in a debt collection case rather than wait for payment of the debt down the road. However, because each Florida debt collection case is unique, our collection attorneys-lawyers will weigh the settlement offered at mediation with our debt collection clients against the risks of proceeding to trial having to wait to get before a Florida Judge.

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If you have questions about the Florida mediation process, call our Florida Debt Collection Firm and ask to speak to one of our collection attorneys-lawyers about Florida mediation and or litigating your Florida debt collection cases.

Privacy Policy

Privacy Policy

This privacy policy applies to information collected online from users of this website. In this policy, you can learn what kind of information we collect, when and how we might use that information, how we protect the information, and the choices you have with respect to your personal information.

What personal information is collected through this website and how is it used?

We collect information about our users in three ways: directly from the user, from our Web server logs and through cookies. We use the information primarily to provide you with a personalized Internet experience that delivers the information, resources, and services that are most relevant and helpful to you. We don’t share any of the information you provide with others, unless we say so in this Privacy Policy, or when we believe in good faith that the law requires it.

User-supplied information: If you fill out the contact form on this website, we will ask you to provide some personal information (such as e-mail address, name, phone number and state). We only require that you provide an e-mail address on the contact form. Further, if chat is available through this site, you may be asked to provide information if you participate in an online chat. Please do not submit any confidential, proprietary or sensitive personally identifiable information (e.g. Social Security Number; date of birth; drivers license number; or credit card, bank account or other financial information) (collectively, “Sensitive Information”). If you submit any Sensitive Information, you do so at your own risk and we will not be liable to you or responsible for consequences of your submission.

Information that you provide to us through the contact form or an online chat will be used so that we may respond to your inquiry. We may also use information you provide to us to communicate with you in the future. If you do not wish to receive such communications, you may opt out (unsubscribe) as described below.

Web server logs: When you visit our website, we may track information about your visit and store that information in web server logs, which are records of the activities on our sites. The servers automatically capture and save the information electronically. Examples of the information we may collect include:

  • your unique Internet protocol address;
  • the name of your unique Internet service provider;
  • the town/city, county/state and country from which you access our website;
  • the kind of browser or computer you use;
  • the number of links you click within the site;
  • the date and time of your visit;
  • the web page from which you arrived to our site;
  • the pages you viewed on the site; and
  • certain searches/queries that you conducted via our website(s).

The information we collect in web server logs helps us administer the site, analyze its usage, protect the website and its content from inappropriate use and improve the user’s experience.

Cookies: In order to offer and provide a customized and personal service, our websites and applications may use cookies to store and help track information about you. Cookies are simply small pieces of data that are sent to your browser from a Web server and stored on your computer’s hard drive. We use cookies to help remind us who you are and to help you navigate our sites during your visits. Cookies allow us to save passwords and preferences for you so you won’t have to re-enter them each time you visit.

The use of cookies is relatively standard. Most browsers are initially set up to accept cookies. However, if you prefer, you can set your browser to either notify you when you receive a cookie, or to refuse to accept cookies. You should understand that some features of many sites may not function properly if you don’t accept cookies.

How is personal information protected?

We take certain appropriate security measures to help protect your personal information from accidental loss and from unauthorized access, use or disclosure. However, we cannot guarantee that unauthorized persons will always be unable to defeat our security measures.

Who has access to the information?

We will not sell, rent, or lease mailing lists or other user data to others, and we will not make your personal information available to any unaffiliated parties, except as follows:

  • to agents, website vendors and/or contractors who may use it on our behalf or in connection with their relationship with us;
  • if we are unable to assist with your matter, but know an unaffiliated attorney or firm that may be able to help you, we may refer you and share information you provided us with that party; and
  • as required by law, in a matter of public safety or policy, as needed in connection with the transfer of our business assets (for example, if we are acquired by another firm or if we are liquidated during bankruptcy proceedings), or if we believe in good faith that sharing the data is necessary to protect our rights or property.

How can I correct, amend or delete my personal information and/or opt out of future communications?

You may opt out of any future contacts from us at any time. Contact us via the phone number, contact form or mailing address on our website at any time to:

  • see what data we have about you, if any;
  • change/correct any data we have about you;
  • ask us to delete any data we have about you; and/or
  • opt out of future communications from us.

If you have any additional questions or concerns about this privacy policy, please contact us via the phone number, contact form or mailing address listed on this website. If our information practices change in a significant way, we will post the policy changes here.

Effective April 14, 2015

Restrictive Endorsement

CASHING A CHECK WITH A RESTRICTIVE ENDORSEMENT / IS THE CHECK  NOW PAYMENT IN FULL

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It is important for creditors to consult with a lawyer. Our collection law firm is frequently asked to answer the question can cashing a check with a restrictive endorsement “paid in full” mean that they have accepted the payment as full payment despite the fact there is still a balance due. This a complicated area and we urge our client’s to call our collection law firm and speak to our collection lawyer.
Any writing affixed on a check or words contained in some form of document, i.e., email, letter, that refers to an accompanying check is considered a “restrictive endorsement.” Creditors should be versed on the effects of “restrictive endorsements” as cashing a check with a restrictive endorsement could lead to the conclusion that the debtor has achieved an “accord and satisfaction,” payment in full. At our debt collection law firm, we receive many inquiries from our debt collection clients on whether or not to cash a check tendered by a debtor with a restrictive endorsement. Our collection attorneys always err on the side of caution and advise our debt collection clients not to cash the checks.

Restrictive Endorsements on Checks

Restrictive Endorsements on Checks

Our collection law firm also receives inquiries to our collection lawyers about situations where a check is sent to a lock box and cashed. Fortunately for our debt collection clients, all states, have adopted the recent revision of the Uniform Commercial Code, Article 3, Section 311 (UCC3-311), which is commonly referred to as “Safe Harbor.” The Safe Harbor principal is applicable to payments received in a system that is serviced by a third party (such as a bank lock box or a post office box). Typically, this is the creditor’s banking institution whose lock box is serviced by banking personnel lacking the knowledge and expertise to make an informed decision relative to restricted endorsements.
The Florida statute is found below but generally a creditor should look to state statute to find a similar Safe Harbor provision such as UCC 3-311. The UCC 3-311 specifies within 90 days of depositing restricted payment from a buyer, the seller can send one of their checks back to the buyer in the same amount of the restricted check and preserve the creditor/seller’s legal remedies. The creditor should make sure the “reimbursement” check should be sent back via some mode requiring proof of attempted delivery. Our collection clients should note the buyer/debtor need not cash the “reimbursement check;” as the creditor/seller’s right to proceed with litigation is preserved by the act of sending back the amount originally submitted under endorsement text or provisions.
Our collection lawyers also counsel our debt collection clients to make sure they put specific language in their contracts and or credit applications pertaining to where and to whom payment should be sent. This is important because the Uniform Commercial Code provides that if a credit grantor is made aware of a dispute prior to any type of final payment being made the creditor’s claim for an overdue balance is not discharged if within a reasonable time before tender the creditor stipulates that a restricted instrument (restricted check) must be sent to a designated person, office or place. If those instructions are not followed, then creditor remedies are available.

Florida Statute Section 673.3111 Accord and satisfaction by use of instrument, provides:
(1) If a person against whom a claim is asserted proves that that person in good faith tendered an instrument to the claimant as full satisfaction of the claim, that the amount of the claim was unliquidated or subject to a bona fide dispute, and that the claimant obtained payment of the instrument, the following subsections apply.
(2) Unless subsection (3) applies, the claim is discharged if the person against whom the claim is asserted proves that the instrument or an accompanying written communication contained a conspicuous statement to the effect that the instrument was tendered as full satisfaction of the claim.
(3) Subject to subsection (4), a claim is not discharged under subsection (2) if either paragraph (a) or paragraph (b) applies:
(a) The claimant, if an organization, proves that:
1. Within a reasonable time before the tender, the claimant sent a conspicuous statement to the person against whom the claim is asserted that communications concerning disputed debts, including an instrument tendered as full satisfaction of a debt, are to be sent to a designated person, office, or place; and
2. The instrument or accompanying communication was not received by that designated person, office, or place.
(b) The claimant, whether or not an organization, proves that, within 90 days after payment of the instrument, the claimant tendered repayment of the amount of the instrument to the person against whom the claim is asserted. This paragraph does not apply if the claimant is an organization that sent a statement complying with subparagraph (a) 1.
(4) A claim is discharged if the person against whom the claim is asserted proves that within a reasonable time before collection of the instrument was initiated, the claimant, or an agent of the claimant having direct responsibility with respect to the disputed obligation, knew that the instrument was tendered in full satisfaction of the claim.

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Our debt collection clients  are often confused  on what they should do with a check with a restrictive endorsement  ” Paid in Full.” Please feel free to contact our debt collection lawyers at our debt recovery law firm. Our collection attorneys are always willing to discuss a collection strategy to help our client’s minimize risk and bad debt.

DEBT COLLECTION LAW FIRMS COLLECT PAST DUE RECEIVABLES

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.

Florida 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.

DEBT COLLECTION ATTORNEY TO HELP CASH FLOW

Debt Collection Attorney

In the beginning of 2015 many businesses will look at their account receivables and realize their cash flow could be better if their customers paid their invoices on a timely basis. A business decision needs to be made when  to use the services of a collection law firm to help recover delinquent accounts. Our collection law firm and attorneys work with our clients to strike a balance between aggressive collection strategies or simply to send a gentle collection letter to the client’s customers who simply need to see that past due payments are no longer going to be ignored by your company.

Debt Collection Attorney

Debt Collection Attorney

Our debt collection law firm has many years of debt recovery experience in most industries.Our collection attorneys have the experience to use a gentle debt collection approach to help the client maintain the business relationship; or our collection lawyers can recommend a more aggressive approach, including filing a lawsuit to attempt recovery of your receivable when necessary. Our debt collection firm will also explore naming officers of the debtor company, when it appears that the customer may have fraudulently misrepresented their financial position in order to induce your company to ship product.
Please call our debt recovery law firm and ask to speak to our collection attorney or one of debt collection paralegals. We will be happy to discuss a debt collection strategy that is just right for your company. Do not let past due collection accounts put a damper on your cash flow. Call our debt collection law firm and debt collection attorney today.

Collection Law Firms Post -Judgment Discovery

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.

Miami Dade Court House

Miami Dade County Court House

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.
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Officer Liability in a Debt Collection Case

When considering strategies to most effectively be able to collect money on a debt owed to your company, an analysis of the corporate structure is vital. The State Department of Corporations give valuable information on how the corporate debtor is structured. Many times in a debt collection case, our collection attorneys find that the debtor’s corporation has been administratively dissolved. That does not necessarily mean the debtor company is still not operating. In that case our collection law firm is able to bring your company’s debt collection lawsuit against the officers of the company in an individual capacity. Our collection lawyer would draft the caption of the debt collection lawsuit …John Johns t/a (trading as) Bob’s Debtor Company.

Our collection law firm believes that keeping pressure on the officers of an entity is a very effective tool in getting your debt collection matter resolved. Most companies set up a corporate structure to shield the officers from personal liability. However, if the company is sloppy and does not keep up its corporate charter, individual liability for the debt may be imposed by the Courts.

Miami Dade Court House

Miami Dade County Court House

Our collection law firm’s collection attorneys also look for evidence that a corporate debtor may have been severely under-capitalized. Our debt collection law firm has brought suit against officers of a company for not having adequate working capital. The theory being that the officers knew or should have known that the debtor entity did not have the financial capability to pay for the goods or services.

If you would like to discuss your company’s debt collection and or debt recovery strategies with our debt collection attorney, feel free to call our debt collection law firm. We would be happy to devise a debt collection and recovery strategy that is custom tailored to your company’s debt collection needs. EMAIL US TODAY

Why Use a Collection Attorney / Why Use a Collection Agency

A collection attorney has the ability to send out collection letters to customers that owe you money. The collection attorney can provide insights to you on alternative methods of effectuating debt collection. Our collection law firm is constantly looking for ways to pierce the corporate veil and assert personal liability against corporate officers of a company even when there are no personal guarantees on the account securing the debt.

Another advantage in using a collection attorney law firm over a collection agency is that the collection attorney can file a lawsuit to help you collect your money. If your customer does not enter into a payment agreement with our collection law firm, our collection attorney will enter judgment. Once judgment is entered, there are many different ways our collection attorney can discuss with you on how to locate assets to satisfy the debt.

Florida Collection Law Firm

Palm Beach County Court House

If you have smaller balance accounts that it does not make sense to litigate with a debt collection law firm, a collection agency may be the answer. The collection agency will also send demand letters and make phone calls. But, of course a collection agency cannot provide legal advice or file a lawsuit to collect your money.

If you need to discuss your account receivable issues with our collection attorney, please feel free to contact our debt recovery law firm and our collection lawyer will be happy to devise a debt collection strategy that is just right for you. [email protected]