Collection Attorney to Run NYC Marathon for Sloan Kettering

Date June 7, 2014

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.

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

OUR DEBT COLLECTION LAW FIRM LEAVES NO STONE UNTURNED

Date May 31, 2014

Posted by gebeloff

When collecting debt, time is critical to maximizing your recovery of your past due account receivables. As a collection law firm, we see time and time again our clients waiting on their customers repeated promises for payment. Our collection lawyers have spoken to hundreds of debtors. Our collection attorneys know when a debtor is truly experiencing financial issues that are not allowing the debtor to make payment. Our collection lawyers also know when a debtor simply is stalling and / or simply has no intention of paying for the goods or services your company has provided.

Our collection law firm strives to quickly advise our debt collection clients the dynamics surrounding each debt collection case. Our collection attorneys believe that our clients when they engage a debt recovery firm should have all the facts surrounding a debt collection matter so they can make informed business decisions prior to spending additional time and resources in attempting to recover their money.

Palm Beach Court House

Our debt collection firm and attorneys have the tools to assist our clients to paint a picture of a debtor’s situation. Our collection lawyers want to provide our clients with the information they need. Not every debt collection case can be recovered. But, our debt recovery firm wants to at least let our collection law clients know that we leave no stone unturned in at least presenting scenarios that effect the collectability of our clients past due accounts.

At our collection firm, one of our debt collection attorneys would be happy to discuss your particular debt recovery case. Our collection lawyer will devise a debt collection strategy that is tailored to your company’s particular debt recovery needs.
Please call our collection attorney or email us the particulars of your debt collection case.

Contact a Collection Attorney and Debt Collection Law Firm

Date May 18, 2014

Posted by gebeloff

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

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]

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

Date April 6, 2014

Posted by gebeloff

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

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]

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

Date March 15, 2014

Posted by gebeloff

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]

Officer and Director Liabilty in a Florida Collection Case

Date March 2, 2014

Posted by gebeloff

OFFICER DIRECTOR LIABILITY

Our collection law firm continually looks for ways to assert personal liability on an officer or director of a corporation (“officer- director liability”) when there are no personal guarantees on the account. One way is to see if the corporation is still active on the Florida Department of State Division of Corporations website. If the corporation has been administratively dissolved, we look for the effective date of the administrative dissolution. If goods and services were provided during the time that the debtor was administratively dissolved, our collection attorney will assert that the officer is personally liable for the debt because the corporation no longer was officially in existence at the time. Recent case law in Florida, however, has indicated that if a corporation reinstates, the reinstatement would absolve the officer from liability.

Florida Collection Attorney

Our collection firm does not stop there. There our other ways to assert officer director liability. We assert that the debtor corporation was under capitalized at the time the corporation placed the order for goods or services. Thus, we assert the officers and directors had knowledge of this fact or should have known this fact. A prudent director would not order $100.00 worth of product with only $5.00 dollars in the bank. We state our cause of action in the collection lawsuit as fraud.

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]

Debtor Stall Tactics in a Florida Debt Collection Case

Date February 22, 2014

Posted by gebeloff

Once a Florida Debt Collection case is filed, the debtor by hiring a Florida lawyer, can stall your debt collection efforts. Time is money not only to Florida creditors but, to Florida debtors as well. A common strategy to stall which is utilized by Florida debtors is to file a motion to dismiss your collection lawsuit. In Florida by filing such a motion, it prevents a Florida collection attorney to indicate to the Judge that the debt collection case is ready to be placed on the trial docket.

Florida Collection Attorney

Our Florida collection lawyer must set the debtor’s motion for a hearing. The hearing may take several weeks to get on the Judges calendar. Once the motion to dismiss the debt collection lawsuit is before the Judge, the Judge will either deny the motion or grant the motion allowing the Florida collection lawyer an opportunity to amend the collection lawsuit.

The goal of any collection attorney and collection law firm is to get the collection case before the Judge as quickly as possible. In Florida, our collection law firm cannot set the case on the trial docket until thirty days after the debtor’s counsel files an answer to the collection lawsuit. Thus, by filing motions to dismiss the collection lawsuit, the debtor’s attorney can delay the collection case by weeks and or months before it reaches a Judge.

Before trial in a debt collection case a collection attorney may try to file a motion for summary judgment. But, any material fact or facts that a debtor can bring before the court in a debt collection case will defeat a summary Judgment Motion.

Our debt collection firm’s goal is to advance the case to trial and judgment as quickly as possible. We welcome you to call or email our firm to discuss a debt collection strategy that is just right for you.

Creditor Fraud in Florida

Date February 11, 2014

Posted by gebeloff

Creditor Fraud in Florida

An example of creditor fraud In Florida: if principals of a company who are trying to avoid paying the debts of the company attempt to transfer funds and or open up another company, Florida law allows creditors to bring a third-party action against the officers and the new entity to attempt to recover their money. Many debtors in Florida believe that simply by transfering money to another person and or opening a new business will put their assets out of reach of creditors in Florida.

With a proper motion brought before a Florida Court, the Judge will grant joinder. This means the officers who transferred money and the new entity will be brought into a Florida lawsuit brought to collect money from the original debtor.

Just because a business appears t be closed or administratively dissolved our Florida Collection Law Firm and Collection Attorney will investigate to see if there is a possibility to assert a cause of action for transferring the money.

Call us if you have any questions about successor liability in Florida for transfer of assets. 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]

Collecting Out of State Judgments

Date February 5, 2014

Posted by gebeloff

If you are trying to collect money on an out of state judgment, Florida Courts will give out of state Judgments Full Faith and Credit, recognizing them as if they were entered by a Florida Court. To effectuate collection on your out of State Judgment, you will need to first record the Judgment. The clerk will give the debtor thirty (30) days to contest the validity of the Judgment. Typically the most common defense is the foreign court did not have proper personal jurisdiction over the debtor.

After the thirty (30) days have elapsed, creditors will be in a position to begin proceedings to collect their money. Our Florida Judgment Collection Law Firm and Collection Attorney are here to assist creditors collect their out of state judgments.

If you have any further questions regarding the Florida debt collection process, collecting on out of state judgments or the Florida debt collection process, feel free to call or email our collection lawyer to answer your questions.

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