Category Archives: Pre-Suit Collections

These posts will provide pre-suit collection information and strategies for Florida debt collection and recovery.

Pre-Litigation Debt Collection Stategies

Date
Posted by

Upon receipt of a new claim for collection in our office, our collection attorney and debt collection paralegals review your collection case. Initially  our debt collection firm is  trying to determine if the debtor is still a viable entity or perhaps the principals of the corporation or limited liability have opened up a new entity or shifted assets to themselves. Depending on the results of our investigation and appropriate demand letter for payment of your debt is sent.

Stephen Gebeloff Florida Colletion Lawyer

Aggressively Pursuing Our Clients’ Interests

Our law firm demands that payment be made for the amount that is due and owing to our debt collection clients. The collection demand letter sent to the debtor serves several purposes. The first is to let the debtor know that our collection firm has been retained by the creditor. We are also able to determine if the address is valid to serve the summons and debt collection lawsuit on the defendant if our collection attorneys are unable resolve the matter pre-litigation, During this initial period of time, our collection attorneys will also determine the corporate identity of the debtor.
The lawyers from our debt collection law firm will make telephone demands on the debtor. Our collection firm strives to give our debt collection clients an assessment as to the prospects of collecting their money on their past due receivables. In this tough economy our attorneys try to determine if there is a legitimate dispute on the account, the debtor has cash flow problems or simply is flat out ignoring demand for payment of the debt. . If we are unsuccessful collection our client’s money at this stage, a debt collection strategy is discussed with our collection law clients.

Please feel free to contact our collection attorney at our debt 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 collection matter.
Stephen B. Gebeloff, P.A.
5255 N. Federal Hwy., 3rd Floor
Boca Raton, FL 33487
(561)953-4600
fax(561)953-4610
[email protected]

The Purpose of an Attorney Demand Letter in a Collection Case

Date
Posted by

Upon receipt of a new claim in our office, our lawyers send  a debt collection demand letter to the debtor. Our law firm demands that payment be made for the amount that is due and owing to our debt collection clients. The collection demand letter sent to the debtor serves several purposes. The first is to let the debtor know that our collection firm has been retained by the creditor. We are also able to determine if the address is valid to serve the summons and debt collection lawsuit on the defendant if  our collection attorneys  are unable  resolve the matter pre-litigation.

Florida Collection Attorney and Collection Law Firm

Florida Collection Attorney and Collection Law Firm

During this initial period of time, our collection attorneys will also determine the corporate identity of the debtor. The lawyers from our debt collection law firm will make telephone demands on the debtor. Our collection firm strives to give our  debt collection clients an assessment as to the prospects of collecting their money on their past due receivables. In this tough economy our attorneys try  to determine if there is a legitimate dispute on the account, the debtor has cash flow problems or simply is flat out ignoring demand for payment of the debt.

Please feel free to contact our 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 collection matter.

Stephen B. Gebeloff, P.A.
5255 N. Federal Hwy., 3rd Floor
Boca Raton, FL 33487
(561)953-4600
fax(561)953-4610
[email protected]

 

 

 

Can Officers of a Corporation Be Personally Liable for Goods Shipped or Sevices Provided

Date
Posted by

Yes, in instances of fraud or if it is proven that the officers made negligent misrepresentations of fact, the officers of a corporation can be held personally liable for the debt of a corporation. A good example would be when the debtor corporation places an order for $1,000.00 of goods and or services but, in reality the corporation, at the time, only had the financial ability to pay for $150.00 . When subsequently trying to collect money due, a creditor should revisit the representations made by the debtor’s agents or employees pertaining to the credit transaction.

Stephen Gebeloff Florida Collection Lawyer

“Aggressively Pursuing Our Clients’ Interests  Tempered by Seasoned Professionalism”

If a creditor is anyway mislead as to the debtor’s creditworthiness, or it can be shown that the officers of the debtor corporation knew or should have known the debtor could not afford the goods or services (equitable insolvency), a creditor may be able to impose personal liability on the officers.Please feel free to contact our collection law firm and speak to our collection attorney about the specific facts surrounding your debt collection case. You  can 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 company.

Stephen B. Gebeloff, P.A.
5255 N. Federal Hwy., 3rd Floor
Boca Raton, FL 33487
(561)953-4600
fax(561)953-4610
[email protected]

 

Statute of Limitations and Collecting Your Debt in Florida

Date
Posted by
Stephen Gebeloff Florida Colletion Lawyer

Florida Collection Attorney

In Florida when litigation commercial debt collection cases many times our collection law firm must look to see if a debt we are trying to collect violates Florida’s Statute of Limitations. Attempting collection on a debt that is in  violation of The Statute of Limitations, will not be enforceable by the Florida Courts.

To bring a collection law suit on a contract, the breach must have occurred within five years. If the creditor is seeking to enforce an oral contract to collect its debt, the collection lawsuit must be brought within four years. Of course in Florida as in other states there is always the exception to the rule brought on by the Statute of Frauds. For a Florida oral contact to enforceable, the performance of the obligation must be contemplated by the parties to be completed within one year. The application of what constitutes performance under a contract in one year is not always clear in the creditor –debtor relationship.

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
[email protected]

 

The Difference Between a Florida Collection Agency and Florida Collection Law Firm

Date
Posted by
Florida Collection Attorney and Collection Law Firm

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
(561)953-4600
fax(561)953-4610
[email protected]

 

Florida Debt Collection Services

Date
Posted by
Stephen Gebeloff Florida Colletion Lawyer

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 protected] to discuss your debt collection needs.

 

Costs for Starting a Collection Law Suit in Florida

Date
Posted by

For  debt collection cases where the balance  due, exclusive of interest and costs, is less than  $15,000.00 we will require costs  in the amount of $425.00 for up to two debtors. For each additional debtor, we would require an additional $50.00 for the sheriff to serve the summons.

For  debt collection cases where the balance  due is in excess of  $15,000.00 we will require costs  in the amount of $525.00 for up to two debtors. For each additional debtor, we would require an additional $50.00 for the sheriff to serve the summons.

Post Judgment, we would require $250.00  for each bank levy we attempted. That cost is for the writ of garnishment and for the sheriff to serve the writ on the bank.

Costs to levy on other personal property would be quoted by the sheriff’s office  on a case by case basis.

Contact Stephen B. Gebeloff, P.A., Collection Law Firm at (561) 953-4600 or email Mr. Gebeloff [email protected] to discuss your post judgment debt collection needs.