Category Archives: Post Judgment Collection

Collection Attorney

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Collection Attorney

Post Judgment Collection

Once a judgment is awarded to you, there are several avenues to consider when attempting to collect your money.  Our Florida debt collection firm will review your judgment and devise a strategy to give your company the best chance at getting paid.   Our collection lawyer will discuss post judgment discovery, with the goal of being able to levy on assets and/or garnish wages.  Florida law provides many exemptions to garnishment.    Our collection lawyer can make sure that the exemption to garnishment is legitimate. Our collection law firm will file the proper response with the Court to asserted claims of exemption.

Bank Garnishment

Our collection attorney can garnish – freeze – the bank account of a debtor.  Our Florida debt collection law firm advises its clients to always keep copies of their customer’s checks. If there ever comes a time when your customer owes you money, having bank account information will assist our collection lawyer. With this information the collection attorney can petition the court for a writ of garnishment.  Once the writ is served on the bank by the sheriff, and if there is money in the account, the bank must freeze your customer’s bank account.  The money that was frozen and set aside by the bank, upon Court approval can be turned over to you.

Garnishment Collection Lawyer
A Collection Attorney Can Garnish a Bank Account

Post Judgment Discovery

If you do not know where your customer has a bank account, our collection attorney will serve documents on your customer which require that a financial disclosure be turned over to our debt collection law firm.  The information obtained is useful in assisting the collection attorney in getting appropriate court orders to seize assets. Once assets are frozen or in the hand of the Sheriff,  the collection lawyer will file appropriate court documents to request that these assets be turned over  to our collection firm to pay the judgment.

Debt Collection Attorneys

Call Gebeloff Law to Speak to Our Collection Attorney 561-953-4600

https://www.justia.com/lawyers/collections/florida

Debt Collection at Year End

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Holiday Season Debt Collection

During the Holiday season, it is a good time for companies to review their account receivable and attempt to collect on past due accounts. Our Debt Collection Law Firm and Collection Attorneys are here to assist companies and individuals collect.

International Debt Collection Law Firm

The Gebeloff Law Group assists creditors worldwide collecting past due accounts from companies that may owe your company money for goods sold and delivered, money lent, breach of contract or for other business reasons.  Our firm will look behind the corporate veil of a company   to determine if there is a basis to impose liability on the officers of the company that owes you money.  There are many factors that go into a determination to impose officer/director liability. The Gebeloff debt collection law firm’s collection lawyers analyze each debt collection recovery case.

Collection Attorney Stephen B. Gebeloff, Esq.

Florida Debt Collection Services

Recently Israel Esquenazi attended   a South Florida Business Networking event, to share information about our firm’s debt collection services.  He was able to meet with South Florida Business owners who had outstanding account receivable from services they rendered and were not paid or from companies that shipped product to a company and were not paid on the invoice. Israel was able to let them know about our debt collection legal services.   We explain the benefit of putting the power of a debt collection law firm behind your company’s demand for payment.

Contact Our Debt Collection Lawyers

The Gebeloff Law Group also assists many companies and individuals trying to enforce a judgment.  There are many post-judgment judgment recovery steps that should be taken to attempt to collect on a judgment.  Call our debt collection law firm and ask to speak to one of our collection attorneys.

Florida Collection Attorney Lectures

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Florida Collection Attorney Lectures for the South Palm Beach County Bar Association

Florida collection attorney Stephen Gebeloff on March 7, 2019, gave a lecture to other lawyers at the South Palm Beach County Bar Association , providing practice tips on how to collect judgments in Florida.  Mr. Gebeloff has been a collection attorney in Florida for many years and was able to provide suggestions to the other attorneys in attendance on how to increase their success rate collecting Florida judgments. Florida collection attorneys practice in the area of debt collection and have day to day experience with the Florida Courts when representing a client who requires retaining a Florida collection attorney.

Collection Law Firm Florida
Collection law firm – Collection Attorney

Florida Collection Attorney Assists Creditors

The Gebeloff Law Group concentrates its practice in assisting creditors optimizing their collection of account receivable.  Mr. Gebeloff has been an active debt collection attorney for three decades. He first started his career in New Jersey before moving to Florida to continue his debt collection practice.  As a Florida collection attorney, Gebeloff strives to provide his clients with several different scenarios that may occur in the collection process. A Florida collection attorney has many more tools available to try and use. A Florida collection agency is typically limited to sending out collection letters and then make debt collection telephone calls.

Florida Collection Law Firm

Because a Florida collection law firm and the collection attorneys who represent creditors  can  bring a lawsuit to collect past due account  receivable, they are able to exert more pressure and stress the urgency for the debtor to pay the past due debt than a Florida collection agency. Once our Florida collection attorneys obtain a judgment, there are multiple ways our Florida collection attorneys can look for assets to garnish.

Call our Florida Collection Attorney

Please call our Florida debt collection law firm and ask to speak to our Florida collection attorney.  Our collection attorney is ready to work for you to help maximize your chances of collecting the past due account.

Florida Judgment Collection Law Firm

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Florida Judgment Liens

When a certified copy of a judgment is recorded in a Florida County, it creates a lien against real property located within the County.  Our Florida collection attorney has written articles before, however, reminding creditors that Florida has very stringent homestead protection. Our Florida debt collection firm has several active debt collection cases where our collection attorney is attempting to have the court find the equitable exceptions to Florida homestead. If you are attempting to collect money from a debtor in Florida and you believe that the debtor may have  a homestead, speak to our Florida collection lawyer and discuss if there is the possibility of piercing the Florida homestead protection.

Collection Law Firm Florida

Collection law firm – Collection Attorney

Florida Judgments Are Valid for Twenty Years

Florida Statute 55.081  provides that judgments shall act as  a lien against both real and personal property in Florida for no more than 20 years.  Our Florida collection attorney reminds creditors, however, that a certified copy of the judgment must be recorded in the county of the debtor’s residence to perfect the lien. The lien after recorded is valid for ten years and is able to be renewed one time, to extend the lien for  the twenty year life of the judgment.  Creditors should be mindful that to acquire priority against  personal property of a debtor, a judgment lien certificate  must be filed with the Florida  Department of State. Judgment Lien Certificates a re valid for 5 years and are able to be renewed for an additional 5 years.  Florida Statute 55.204 . Our Florida collection attorney can still proceed to execute on personal property if a Judgment Lien Certificate is not acquire. The caveat is that if there are other creditors who have recorded their judgment Lien Certificate, their judgments must be satisfied before your judgment upon execution by the sheriff.

Florida Debt Collection Law Firm and Collection Attorneys

Our Florida debt collection law firm welcomes your inquiries to see if we will be able to assist you in collecting on your Florida Judgments. Our collection lawyer explains, getting a judgment is usually the easy part. How you collect your Florida Judgment can sometimes be difficult. Please call our Florida debt recovery law firm and ask t speak to one of our collection attorneys to devise a  debt collection strategy.

 

Equitable Lien – Florida Collection Law

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Equitable Liens in Florida Debt Collection Case

An Equitable Lien is one possible factor to defeat homestead protection on Florida real property.  Florida has very stringent homestead laws protecting debtors from having to sell their home, to satisfy a judgment held by a creditor.  Our Florida collection attorney, Stephen Gebeloff,  has been concentrating the firm’s debt collection  practice on assisting creditors pierce Florida’s homestead protection. There are several other factors in the debt collection process, that may be uncovered, that could allow our Florida collection lawyer to consider the appropriate motion for the Court to consider equitable principles which may fall under several exceptions to Florida’s home stead protection.

Collection Law Firms in Florida

Florida Debt Collection Law Firm

 Law Firm in Florida to Collect Money

Our Florida Law Firm focuses its practice on assisting companies collect money from other companies and/or individuals that may owe money.  Our Florida collection lawyer recognizes that Florida is one of the most debtor friendly states in the United States. Our Florida collection attorney has devised collection strategies to pursue some of the toughest debt collection cases presented.  The Gebeloff Law Group, Debt Collection Law firm, recognizes that there are alternative ways to collect from individuals who used their corporations to attempt to shield the individual from liability for paying for your company’s account receivable. By recognizing that fraud may be a factor, our collection attorney is able to assert individual liability for the debt in a debt collection lawsuit.

How to Collect Money in Florida

There are collection agencies in Florida and other debt collection law firms. We have spoken in the past about the difference between a debt collection lawyer, a collection law firm and Florida collection agency. We would ask that you call our Florida debt collection law firm. Ask to speak our lawyer to discuss different collection strategies that can be put in place to assist your company collect past due accounts.

Collecting Money Owed Your Company

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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

Debt Collection From Scamming Landlord

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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.

Debt Recovery Firm

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.

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agencies for collection of debt

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Collection Agencies and Collection Departments Utilizing Debt Collection Book

Our EBook Collecting Account Receivables has been getting very positive feedback.  Our commercial debt collection clients have told us that they downloaded the book and have had their accounting staff read it. The book helps creditors set up internal debt collection strategies. Discussed is also the difference between a collection agency and a debt collection law firm. Collection attorneys   can provide debt recovery services that commercial collection agencies are not able to provide legally.

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Collecting your money-Debt collection methods

Guide to Internal Debt Collection Procedures

Collection Agencies Hire Collection Attorneys

Collection agencies are limited to making phone calls and sending demand letters for payment. Collection agencies cannot file a law suit, take depositions in aid of execution or garnish bank accounts to seize assets once a judgment is obtained. Obtaining a judgment is not the hard part if a debt is justly owed.  It is how you collect on a judgment. A collection agency is not licensed to practice law and must retain a collection lawyer to implement a litigation strategy to collect on accounts. Collection agencies when forwarding a debt collection case to a collection attorney typically will charge their client’s a higher contingent fee because they have to charge a fee on top of the collection lawyer’s fee.  Many credit managers realize that when it is apparent customer is not paying, it makes sense to retain a debt collection law firm rather than a collection agency. Not only will the credit manager save money but, putting the power of an attorney behind your demand for payment is more effective.

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Collection agencies serve a purpose when there is a high volume of cases with relatively small balances to collect. We invite you to contact our commercial debt collection law firm to discuss the differences between utilizing a collection agency or forwarding your commercial collection accounts directly to a collection attorney.

debt collector

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Senior Debt Collector Joins The Gebeloff Law Group

A Commercial Collection Law Firm

The Gebeloff Law Group has added a Senior Debt Collector to its staff. The addition of the debt collector will assist Mr. Gebeloff in securing prelitigation  payments from debtors. The philosophy of The Gebeloff Law Group is to provide its clients commercial debt collection services in an effective and cost efficient manner. If voluntary payment is not obtained prior to litigation, the debt collector will help gather valuable information about the debtor, including, but not limited to, the nature of the dispute, assets the debtor may or may not have and/ or if the debtor’s officers may have set up other entities in an effort to defraud creditors.

Collection Lawyer Stephen Gebeloff

Collection Attorney Stephen B. Gebeloff

We have discussed in prior blogs the difference between our commercial debt collection law firm and commercial collection agencies. Collection agencies also use debt collectors but, too many times debt collectors are limited in their effectiveness as they are constrained. Collection agencies are not licensed to practice law. A commercial collection agency must eventually send your debt collection case to a collection attorney if the collection agency is unable to collect on your company’s past due account receivable. The collection agency then will charge the creditor a higher contingent collection rate.

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Our debt collector will also work on post judgment collections. Too many times after a judgment is obtained, not enough pressure is brought upon a debtor to make payments to satisfy the judgment. Commercial collection agencies cannot bring proceedings supplementary to implead third parties and/or pursue third parties for fraudulent transfers. We are optimistic that the addition of our Senior Debt Collector to our staff will increase the percentage of the recovery of bad debt our clients send to our commercial collection law firm.

Please feel free to call our debt collection law firm and ask to speak to one our experienced debt collection staff. We would be happy to discuss the differences between using a collection agency, collection agencies and/or using a collection attorney with a commercial collection law firm to collect your pre-judgment or post judgment debt.

Post Judgment Collection Law Firm

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Post Judgment Collection

What Can Our Debt  Collection  Attorneys Do  to Collect Your Money After Judgment

After Judgment is obtained and the debtor does not voluntarily   make a payment to satisfy the judgment, there are several options to consider. If you know where the debtor has assets, writs can be issued by the Court giving the Sheriff to seize assets to satisfy or partially satisfy the Judgment. We often ask our clients to keep copies of checks of all payments they may receive from their customers. There may come the day when the customer becomes a debtor and knowing where the debtor banks may lead to successful garnishment of funds in the debtor’s bank to satisfy the judgment.

Judgment collection Law Firm Florida

Judgment collection law firm

If you are uncertain about where the debtor may have assets, the Court allows creditors to conduct post judgment discovery. You have the option of taking the debtor’s deposition or of sending post judgment interrogatories to the debtor. If the debtor fails to respond to post judgment discovery, the Court can assist the creditor in getting the debtor to comply. The debtor must turn over financial information to the creditor. Failure to do so may lead to the Court holding one of the officers of the judgment debtor entity or an individual judgment debtor in contempt of Court.

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Our firm will also use post judgment discovery to determine if money has been fraudulently transferred to a third party or to another entity that may be owned by the either the individual judgment debtor or corporate judgment debtor in an effort to conceal assets from creditors. If so, we can explore the possibility of naming these third parties in a lawsuit as defendants alleging fraudulent transfer