How Fast Can Judgment Be Obtained in a Debt Collection Case

How Fast Can Judgment Be Obtained in a Debt Collection Case

Our debt collection client’s frequently ask our collection attorneys-lawyers how long will it take to collect their companies past due account receivables. It is important to note that every debt collection case is unique. Below we will summarize what to expect when your account receivable manager places an account for debt collection with our law firm.

If after a debt collection lawsuit is filed by our collection law firm, the debtor files no responsive pleading to the complaint, twenty (20) days after the summons is served, default will be entered. Thereafter, our debt collection client simply has to execute an affidavit of proof and our collection lawyers-attorneys will prepare a Motion for Default Judgment. In this scenario Judgment can be obtained anywhere from thirty (30) to forty-five (45) days.

Debt Collection Case

Debt Collection Case

If a debt collection case is disputed by a debtor, the timing of a debt collection case depends on the dollar amount of the account receivable. In Florida, if a debt collection account is under $15,000.00 that would put the account in the jurisdiction of the Florida County Court Judicial System. In Florida, debt collection cases filed in the County Court typically go to trial within four to six months after the debt collection case is filed. Debt collection cases filed by our debt collection law firm in Florida that have an account receivable above $15,000.00, put the account in the Jurisdiction of the Circuit Court. Cases in this jurisdiction typically take longer to go to trial than debt collection cases that are filed in the County Court.

 

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As previously indicated, each debt collection case is different. Our collection attorneys-lawyers work with our clients to try and streamline the process and get the debt collection case to trial and secure a judgment as expeditiously as possible. Once a judgment is obtained by our debt collection law firm, our collection attorneys-lawyers and debt collection paralegals will then devise a strategy to then attempt to liquidate the judgement.

We encourage all account managers to call and speak to our collection attorney to devise a comprehensive debt collection strategy for all of their account receivables that have become delinquent. There are many studies that show the longer a creditor waits to take action on collecting past due accounts, the percentage of recovery drops over time.

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.

Collection Attorney to Run NYC Marathon for Sloan Kettering

Collection attorney Stephen Gebeloff will be running the NYC Marathon in November to benefit Sloan Kettering as part of Fred’s Team. When he is not behind  his desk at his boutique  collection law firm, he is spending many hours out on the road training.

“Life is not all about being a collection attorney”   Gebeloff  explains.  Besides collecting debts and collecting on judgments for his client’s , Gebeloff  believes that is is important to give back.  Knowing I can personally help make a difference in the battle against cancer  helps  me run the many miles in preparing for  the marathon.

Gebeloff has been practicing debt collection law for most of his career but,  finds running  to help find a cure  very rewarding.  “In my debt  collection law career I have met many people  and very rarely have a dull day. But, when I’m not collecting debt’s, I love to lace up my sneakers and  run with my teammates, most become friends for life.”

If you have further questions about  our collection law practice or want to speak to Steve about his running, call or email.   We will devise a debt collection or  running strategy that  is just right for you.

Collection Attorney

If you would like to support our collection attorney  for his Marathon Run, you may make a tax deductible contribution by  clicking the link below.

Link to Support our Collection Attorney  and Sloan Kettering

 

 

 

 

Contact a Collection Attorney and Debt Collection Law Firm

What to do when your customer owes you money and starts ignoring your demands for payment. You should consider using a debt collection and debt recovery law firm.

Since the economic down turn of 2008,   it is more and more common for a small business to struggle with its cash flow. As a result, businesses are cash strapped and cannot pay all of its vendors each and every month. It is important for creditors to be proactive.

Our   debt collection law firm believes that those creditors that push the hardest, will get paid first ahead of other vendors that our owed money. Our collection attorneys send out collection demand letters. Our debt collection lawyers will contact your customers who owe your company money and try and ascertain if there is a legitimate business reason why your account receivable is not being paid. If there are legitimate reasons, our collection law firm will act as an intermediary and attempt to help both sides come to an amicable solution.

If there are no legitimate business reasons for your customer to not pay on your open account, our collection attorney will most likely recommend that suit be brought. Our collection lawyer will analyze the collection account to see if officers of the company can be held responsible for payment of the corporate debt.

 Collection Attorney and Collection Law Firm

Collection Attorney and Collection Law Firm

Contact our collection attorney at our debt collection law firm and speak to our collection lawyers about the specifics facts surrounding your debt collection case. Our collection lawyer will discuss the possibility of pursuing the principals of closely held entities for the debt owed to your company. You may mail or email your supporting documents to our collection firm. Our collection attorney will review your account and then contact you to devise a strategy for your debt 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 Principals of a Closely Held Entity Be Personally Liable for the Debt of the Entity

Our collection attorneys find time and time again small businesses ignore corporate formalities. At our Florida Collection Law Firm, we investigate to see if corporate formalities have in fact been followed. If not our collection lawyers will seek to pin personal liability for corporate debt on the principals of these entities. The principals of these single member limited liability companies or closely held companies simply take these forms with the illusion, it will shield them from personal liability for the debt these entities incur. This is a mistake.
Our collection lawyers look for commingling of corporate funds with the personal funds of the principals and/ or the use of corporate funds for expenses that our clearly not business related. Good examples are expenses for purchase of movie tickets, repeated charges to restaurants and or charges incurred at Universal Studios or Disney World. One of the biggest mistakes our collection attorneys find is the principals of the debtor entities do not file their annual reports with the department of corporations. This causes the entity to become administratively dissolved.

 Collection Attorney and Collection Law Firm

Collection Attorney and Collection Law Firm

Please feel free to contact our collection attorney at our debt collection law firm and speak to our collection lawyers about the specifics facts surrounding your debt collection case. We will discuss the possibility of pursuing the principals of closely held entities for the debt owed to your company. You may mail or email your supporting documents to our collection firm. Our collection attorney will review your account and then contact you to devise a strategy for your debt 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]

HOW LONG DOES IT TAKE A DEBT COLLECTION CASE TO GET TO TRIAL

 

Clients often ask our debt collection lawyers how long it takes to go to trial. In Florida after the defendant is served with a collection lawsuit, the defendant will have twenty days to respond to the complaint. If there is no response to the complaint, our law firm will file a motion to enter default and default judgment by filing an affidavit of proof executed by our client. If the Judge is satisfied with the proofs contained in the affidavit the Court will enter Default Judgment.

Florida Collection Attorney and Collection Law Firm

Florida Collection Attorney and Collection Law Firm

If a debtor retains an attorney to defend the debt collection lawsuit, the complaint can be met with defensive motions attacking the merits of the complaint. Often in a collection law case, these motions are delay tactics to buy the debtor more time. Our law firm wants to schedule these motions quickly on the Court’s motion calendar to get these defensive motions resolved. Once we are able to get past defensive motions, after an answer is filed, the Florida Court Rules allow our collection firm to Notice the case for trial. Once the Court receives the Notice for trial, it will select a trial docket and set forth pre-trial procedures to be followed in terms of discovery and mediation. Most cases in Florida are required to attend mediation prior to trial. Depending on the county, our firm can usually get a contested litigation matter to trial within four to six months.

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 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
[email protected]