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.
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.
Collection Agency or Collection Attorney
December is the time of year many businesses take a pause to self asses the year their business had. Many small businesses struggle with cash flow. Companies that have outstanding account receivable often do not have a system in place to pursue bad debt / past due accounts. Our debt recovery law firm has put together a free -E-book to assist companies with their debt collection policies and procedures. Inside the book our collection attorney provides some strategies that may assist a company sharpen up their internal debt collection procedures.
Collection Attorney Stephen B. Gebeloff
If a business has done everything they believe was possible to collect past due accounts, they often may start to consider sending the account to a collection agency. Collection agencies may be an effect tool for debt recovery, but we have discussed the differences between a collection agency, collection attorneys, and debt collection law firms. A collection agency is not licensed to practice debt collection law. Collection agencies typically send accounts to collection attorneys throughout the United States. To send collection accounts to collection lawyers a collection agency must typically charge a higher contingency fee. The reason is that the collection agency is simply acting as a middleman.
Collection Agencies and Debt Recovery Law Firms Are Not The Same When It Comes To Collecting Past Due Accounts
Most commercial collection law firms can provide the same services that a collection agency can, but as stated above, because collection agencies are not collection attorneys, a debt recovery law firm can be a lot more powerful way to attempt the collection of your company’s overdue accounts. A letter and phone call from a collection attorney lets your customer know that your company is serious in pursuing the collection of the past due account.
There are many variants to being able to collect a past due account. Our debt collection law firm believes that before a lot of money is spent on contingent collection fees, a flat fee alternative should be considered. To learn more about flat fee debt collection attorney fee programs our commercial collection law firm provides, we encourage you to contact one of our debt recovery law firm and ask to speak to someone from our debt collection and recovery team. CLICK HERE TO LEARN MORE
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 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.
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.
Retail Collection Agencies Regulated by the FDCPA
A collection agency is employed to collect debts either on commercial debt collection or retail debt collection accounts. When collecting debts from consumers or individuals who owe money from transactions that are not related to a commercial transaction, the account is considered a retail debt collection account. The collection agency is regulated by the FDCPA (Fair Debt Collection Practices Act). The collection agency is prohibited from employing debt collection tactics that may mislead or be overly aggressive. There are many prohibitions detailed in the act and collection agencies should be very careful when attempting collection of consumer accounts. There are law firms that their entire law practice concentrates on suing collection agencies that violate the act.
Commercial Collection Agencies
Commercial collection agencies that only collect on commercial collection accounts are not bound by the FDCPA. Our debt collection law firm mainly collects on commercial collection accounts as we do not want to subject our debt recovery from to the rigors of the FDCPA. We perform the same services as a commercial collection agency and more. Just like a commercial collection agency our law firm will send out collection demand letters demanding payment for your company’s money. Our debt collection attorneys will also make telephone calls just like a commercial collection agency to attempt to collect money and to determine the nature of the dispute, if any.
Florida Collection Agency
A commercial collection agency is not a collection law firm. Collection agencies are not licensed to practice law. A collection agency cannot file a lawsuit to collect your money. The collection agency has to send your debt collection account to a collection law firm. In most cases, the collection agency will be obligated to charge a higher contingent fee rate to act as an intermediary between the collection attorney and the client. If your company knows form the outset that the account is going to be difficult to collect or require litigation, rather than placing the account with a collection agency, retaining a commercial collection law firm with experienced debt collection attorneys and paralegals.
Feel free to contact one of our debt collection lawyers or paralegals to discuss your company’s debt collection needs.