Tag Archives: collection attorney

Can I Collect Attorneys’ Fees Without a Written Agreement in a Florida Collection Case

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Yes, typically in order for a creditor to collect attorney’s fees from the debtor there would be to have a credit application, purchase order or invoice that clearly stated that in the event the creditor has to proceed to take collection action, the debtor would be responsible to pay for the reasonable fees and costs of collection. Without any writing allowing for recovery of attorney’s fees, depending on the facts of the case, there may be a Florida Statute that would allow for the award of attorneys’ fees to the prevailing party in the litigation. Absent the above, the general rule in Florida is that each party is responsible for their own attorneys’ fees.

Stephen Gebeloff Florida Colletion Lawyer

Aggressively Pursuing Our Clients’ Interests  Tempered by Seasoned Professionalism

However, if there are no provision for attorneys’ fees in the creditor’s documents, a Florida creditor may wish to consider a Proposal for Settlement. In short by filing a proposal for settlement, the creditor would need to be awarded at least twenty-five (25%) percent more than its offer to the defendant. Thus, if a creditor was owed $100.00 and filed an offer for settlement of $50.00, the creditor would need to have a court award at least $75.00 or more. If the creditor extends such an offer and the debtor does not timely accept the offer and the Court awards at least 25% more than the offer, the creditor can apply to the Court for an award of its attorneys’ fees from the date the offer was to have been accepted.

This can be an effective strategy to get a debtor to be more realistic about settling a case. The drawback for the creditor would be that if the debtor accepted the offer for settlement, the creditor would have to settle for 25% less of the full value of the case. Please feel free to contact our Florida collection law firm and speak to our Florida collection attorney about Offers for Settlement and 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]

 

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

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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]

 

Discovery During the Florida Collection Case

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During litigation in Florida, the Plaintiff and Defendant are able to exchange discovery. This is usually accomplished by utilizing any combination of interrogatories, request for production of documents, request for admissions and or taking depositions. In Florida the opposing party has thirty (30) days to respond to discovery requests. In the Florida debt collection process this is a valuable tool to flush out the defendants defenses if any to your Florida collection case. By using a Florida collection lawyer or Florida collection firm, you can make sure that you have all the documents and information you need from the debtor before going to trial.

If you have any further questions regarding the Florida debt collection process or discovery during the Florida debt collection process, feel free to call or email our collection lawyer to answer your questions.