Debt Recovery – Debt Collection Law Firm

Date December 11, 2016

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

Collection Agency Agencies Demand Letter

Date May 21, 2016

Posted by gebeloff

Collection Agency Litigation Departments Forward Claims from their Collection Agencies

A collection agency is not licensed to practice debt collection law. Collection agencies set up departments in their collection agency to forward accounts for collection of past due account receivables to commercial collection attorneys. Our debt collection firm has established a division that gives credit managers the opportunity to forego using a collection agency and send their accounts for collection directly to our commercial debt collection law firm.

Debt Collection Law Firm

AttorneyDemandLetters.com May Save You Money When You Use An Attorney Debt Collection Service Instead of a Commercial Collection Agency

AttorneyDemandLetters.com was established to offer credit managers a low cost solution to paying high collection agency contingent fees. Just like collection agencies our collection lawyers will draft a demand letter for payment. In addition, we offer an attorney telephone demand service to let your customers know that your company is serious about collection past due accounts that are due. Collection agencies typicaly charge between thirty – forty percentage contingency fees. With our flat fee service, you may save thousands of dollars using this debt collection service instead of utilizing a collection agency.

Collection Agencies May Not Be As Effective

Once your customer sees that you have retained a law firm to assist your company collect past due debt, the debtor will know that if arrangements are not made with your company for payment, litigation may be imminent. Today, most debtors recognize that a collection agency cannot bring suit. Collection agencies rely on commercial collection attorneys to bring suit on behalf of their collection agency clients. The collection agency in effect is acting as a middleman. As a result, you end up paying a higher contingent fee. By cutting out the collection agency you are eliminating the middle man and will save on contingency fees.

Debt Collection Policies

Date November 21, 2015

Posted by gebeloff

Debt Collection Policies

Having debt collection policies in place will assist a debt collection attorney when you need to hire a debt collection law firm to collect your money

Keeping copies of your customer’s checks can be very helpful to 0ur debt collection law firm after judgment is obtained. Our collection attorneys will ask our clients after a judgment is obtained if they have any information to assist our debt collection law firm garnish or attach assets. Sometimes a debtor is unaware that once a judgment is obtained a debt collection attorney can issue a writ of garnishment and serve the writ on a bank. Our debt collection law firm has found that many times the debtor is using the same bank account and may have some or all of the funds in the account necessary to satisfy the judgment.

Guide to Internal Collection Procedures

When setting up a credit and collection policy for your company your employees should be mindful that one day your customer may stop paying their invoices and your company may have to engage a collection attorney to help your company collect your money. Our debt collection law firm has been assisting companies with their debt collection policies and procedure. Some companies have credit applications but, surprisingly a lot of our clients learn the hard way once one of their customers stops paying. Having a credit application helps our collection attorneys not only find post judgment assets but, gives our collection lawyers a better chance of locating the principals of a debtor corporation in the event your customer closes its doors. Our debt collection law firm will also suggest adding an attorney fee provision to the credit application, if there is not already one in place. Without that provision, in some states, you will not be able to recover the fees paid to your collection attorney from your customer.

Our debt collection law firm uses all information available to it to determine if there is a possible successor company that may be liable for the debt. Our debt collection lawyers will also explore the possibility that there may be personal liability of an officer for transferring assets. We invite you to call our debt collection law firm to speak to one of debt collection attorneys about your credit and collection policies. Our collection lawyers will be happy to make suggestions to help tighten up the credit application so in the event it becomes necessary to start a lawsuit to recover your money, the chances for successfully recovering your company’s money will be increased

Collection Attorney Debt Collection Trial

Date November 1, 2015

Posted by gebeloff

Taking the Debt Collection Case to Trial with a Collection Attorney

If the collection case has gone as far as trial, it is important to be prepared to provide the proper witnesses and be able to produce key pieces of evidence to prove your case. In collection cases to it is important to provide the witness who can testify that they are familiar with company’s books and records and that those records are usually kept in their custody and control. In other words, the sales representative for your company typically is not charged with the financial aspects of the company and someone who ordinarily would track the books and records of the company. Courts adhere to rules of evidence and may not allow a sales representative to testify as to the account statement or invoices. It is important that you speak with the collection attorney in advance to make sure your company will be able to produce the proper personnel at trial. If not, you may wish to discuss the possibility of settling your collection case prior to the court date.

Collection Attorney Stephen B. Gebeloff

It is important to tell your collection attorney about third parties who may have knowledge about the case. Those parties may be subpoenaed to appear for deposition prior to trial to ascertain their knowledge about the case and or to provide relevant documents. If necessary these same parties may be subpoenaed to appear at trial to testify.

Besides witnesses, it is important to provide your collection lawyer with all the documents surrounding the case, including, but not limited to, contracts, statements, invoices, emails or any other documentation from any third party or the debtor relating to the case. Working with your collection attorney, together you will decide which documents will be offered to the court as evidence.

During the collection trial both your company and the debtor will be able to offer witnesses and other evidence for the court to consider. After all the evidence has been presented the Court will make a decision. If all goes well a Judgment will be awarded to your company. Unfortunately, obtaining a judgment does not obligate a debtor to pay the judgment. However, using a collection law firm to enforce the judgment will be the best way to ensure that if there are assets available to satisfy the judgment either through the debtor’s voluntary payment(s) or seizing assets using writs of execution your company will recover some or all of the Judgment.

DEBT COLLECTION ATTORNEY TO HELP CASH FLOW

Date December 28, 2014

Posted by gebeloff

Debt Collection Attorney

In the beginning of 2015 many businesses will look at their account receivables and realize their cash flow could be better if their customers paid their invoices on a timely basis. A business decision needs to be made when to use the services of a collection law firm to help recover delinquent accounts. Our collection law firm and attorneys work with our clients to strike a balance between aggressive collection strategies or simply to send a gentle collection letter to the client’s customers who simply need to see that past due payments are no longer going to be ignored by your company.

Debt Collection Attorney

Our debt collection law firm has many years of debt recovery experience in most industries.Our collection attorneys have the experience to use a gentle debt collection approach to help the client maintain the business relationship; or our collection lawyers can recommend a more aggressive approach, including filing a lawsuit to attempt recovery of your receivable when necessary. Our debt collection firm will also explore naming officers of the debtor company, when it appears that the customer may have fraudulently misrepresented their financial position in order to induce your company to ship product.
Please call our debt recovery law firm and ask to speak to our collection attorney or one of debt collection paralegals. We will be happy to discuss a debt collection strategy that is just right for your company. Do not let past due collection accounts put a damper on your cash flow. Call our debt collection law firm and debt collection attorney today.

Officer Liability in a Debt Collection Case

Date July 13, 2014

Posted by gebeloff

When considering strategies to most effectively be able to collect money on a debt owed to your company, an analysis of the corporate structure is vital. The State Department of Corporations give valuable information on how the corporate debtor is structured. Many times in a debt collection case, our collection attorneys find that the debtor’s corporation has been administratively dissolved. That does not necessarily mean the debtor company is still not operating. In that case our collection law firm is able to bring your company’s debt collection lawsuit against the officers of the company in an individual capacity. Our collection lawyer would draft the caption of the debt collection lawsuit …John Johns t/a (trading as) Bob’s Debtor Company.

Our collection law firm believes that keeping pressure on the officers of an entity is a very effective tool in getting your debt collection matter resolved. Most companies set up a corporate structure to shield the officers from personal liability. However, if the company is sloppy and does not keep up its corporate charter, individual liability for the debt may be imposed by the Courts.

Miami Dade County Court House

Our collection law firm’s collection attorneys also look for evidence that a corporate debtor may have been severely under-capitalized. Our debt collection law firm has brought suit against officers of a company for not having adequate working capital. The theory being that the officers knew or should have known that the debtor entity did not have the financial capability to pay for the goods or services.

If you would like to discuss your company’s debt collection and or debt recovery strategies with our debt collection attorney, feel free to call our debt collection law firm. We would be happy to devise a debt collection and recovery strategy that is custom tailored to your company’s debt collection needs. EMAIL US TODAY

Collection Attorney to Lead Marathon Teams to Benefit Leukemia Research

Date June 15, 2014

Posted by gebeloff

Collection Attorney Stephen Gebeloff was chosen to be the team-leader for the Palm Beach Chapter of Team in Training. All money raised by the debt collection lawyer and his debt recovery law firm will be used to fund research and help patients currently who are currently treating.

Besides the day to day duties of running his debt collection practice, Gebeloff enjoys helping others achieve their fitness goals and also collect money for the Leukemia Society in support of their mission. This season, he will be leading and training with the Nike San Fransisco Half Marathon and the Marine Core Marathon teams.

To help collection attorney Gebeloff support Leukemia Research and fund patient services, please consider making a tax free donation to his fundraising page. Of course, if there are any questions pertaining to debt collection, domesticating judgments or generally questions about the collection industry, please feel free to contact our debt collection law firm to discuss.

Email Collection Attorney Gebeloff

Call Our Debt Collection Firm 1-888-345-8677

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.

Stephen Gebeloff Florida Colletion Lawyer

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.

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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