Tag Archives: Debt Recovery Attorney

Debt Collection From Scamming Landlord

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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.

Debt Recovery Firm

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.

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Collection Agency or Collection Law Firm

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 Debt Collection Agency or

 Debt Collection Law Firm

When your internal collection efforts have failed, it is time to consider turning the account over to either a collection agency or collection law firm. Your company has to consider whether they want to pursue hard or soft collections.

Soft collections is used when client relationships want to be maintained. Your customer is sent gentle demand letters and telephone calls are made to try and work with your customer to determine the root cause of the delinquency and then to try and establish creative solutions to recover your money in both an amicable and most expeditious way possible. The goal is not to alienate your customer with the hopes that once your customer’s account is brought current the business relationship can continue.

Hard collections are employed when it is apparent that your customer has no intention of or does not have the resources to pay for the services you have provided or for the goods that you have sold and delivered. The telephone calls are made and demand letters are written in a manner to make it clear to our customer that if payment arrangements are not made immediately, litigation may be started to recover your money.

Using a Collection Agency

A collection agency may be considered where balances on accounts are too small to consider filing a lawsuit. In this instance, the debt collection agency can continue to make collection calls and send letters. They can be a valuable resource for a company that has multiple small balance past due accounts. However, collection agencies have their limitations in that they are not attorneys and can only go so far in demanding payment. If litigation is required the collection agency has to outsource the account to a collection attorney and your company will end up paying a higher contingent fee as the collection agency typically charges a higher rate once an account is sent to an attorney.

Debt Collection Agency

Debt Collection Law Firm

A   debt collection law firm can perform the same debt recovery services as collection agency and more. The law firm is equipped to make telephone demands and send collection letters. The collection law firm can also utilize soft collections or hard collections as necessary. Importantly, the debt collection law firm gives your customer a stronger sense of urgency to resolve the outstanding debt. Further a collection attorney is able to file a lawsuit, levy on assets and garnish bank accounts if necessary to collect your money. A lawyer can give provide you with legal advice and opinions onthe best course of action to take an alternative theories in which it may be possible to impose personal liability on officers of the company for the debt even if there are no personal guarantees on the account.