Equitable Liens in Florida Debt Collection Case
An Equitable Lien is one possible factor to defeat homestead protection on Florida real property. Florida has very stringent homestead laws protecting debtors from having to sell their home, to satisfy a judgment held by a creditor. Our Florida collection attorney, Stephen Gebeloff, has been concentrating the firm’s debt collection practice on assisting creditors pierce Florida’s homestead protection. There are several other factors in the debt collection process, that may be uncovered, that could allow our Florida collection lawyer to consider the appropriate motion for the Court to consider equitable principles which may fall under several exceptions to Florida’s home stead protection.
Florida Debt Collection Law Firm
Law Firm in Florida to Collect Money
Our Florida Law Firm focuses its practice on assisting companies collect money from other companies and/or individuals that may owe money. Our Florida collection lawyer recognizes that Florida is one of the most debtor friendly states in the United States. Our Florida collection attorney has devised collection strategies to pursue some of the toughest debt collection cases presented. The Gebeloff Law Group, Debt Collection Law firm, recognizes that there are alternative ways to collect from individuals who used their corporations to attempt to shield the individual from liability for paying for your company’s account receivable. By recognizing that fraud may be a factor, our collection attorney is able to assert individual liability for the debt in a debt collection lawsuit.
How to Collect Money in Florida
There are collection agencies in Florida and other debt collection law firms. We have spoken in the past about the difference between a debt collection lawyer, a collection law firm and Florida collection agency. We would ask that you call our Florida debt collection law firm. Ask to speak our lawyer to discuss different collection strategies that can be put in place to assist your company collect past due accounts.
Collecting Debt in Florida – What is the Statute of Limitations
Statute of limitations on debt collection cases in Florida are five years for written contracts and four years for oral contracts. Many collection cases presented to our Florida debt collection law firm relate to goods sold and services delivered. When an account receivable is placed for collection relating to goods sold and delivered the statute of limitations is four years. Our debt collection attorney will confirm to you that when attempting collection of account receivable, the earlier you place your claim with our Florida debt collection law firm or with a commercial collection agency for that matter, the odds of being able to collect your money increase.
Call Our Florida Debt Collection Attorney
Our Florida collection law firm hands commercial collection accounts. Our Florida collection lawyer will send a written demand letter to your customer demanding payment for the products your company has delivered for their services your company has provided but has not been paid. If the demand letter from the collection attorney does not secure payment of the account, our collection law firm would then be able to bring a law suit to collect the past due account. A collection agency is not licensed to practice debt collection law and therefore must send the account to a Florida collection attorney, if the collection agency is unable to collect the past due receivable.
Florida Collection Attorney and Florida Debt Collection Law Firm
We welcome your company calling our debt collection law firm. Ask to speak to our Florida collection attorney about different collection strategies that might be just right for your company. When you work with our Florida collection law firm and collection lawyer, you will be assured that an effective debt collection strategy will be implemented to help maximize your recovery of past due Florida account receivable.
Florida Collection Agencies Differ From Florida Collection Law Firms
Many creditors continue to send past due accounts to Florida collection agencies. Florida collection agencies send demand letters for payment to your customers that owe money. A collection agency can make debt collection phone calls to attempt to recover your company’s past due accounts. Many creditors come to our debt collection law firm after their account has been with a collection agency. What our collection attorney finds after reviewing the delinquent account is that a collection agency holds on to the past due account for too long. Florida collection agencies loss profit when they need to forward your collection account to a debt collection law firm. The reason is that the collection agency has to split the contingent collection fee with the debt collection lawyer.
Florida Collection Agencies and Fictitious Collection Agency Names
Our law firm is not a Florida collection agency. Florida collection agencies are not licensed to practice law. We see many Florida collection agencies take on fictitious names that lead not only companies to believe they are a Florida debt collection law firm, but deceptively try to lead your customers that they are collection attorneys licensed to practice debt collection law. By way of example, a Florida collection agency will take on the fictitious name Jones, Williams and Smith. The Florida collection agency then instructs their debt collectors to make collection calls stating they are with the firm of Jones, Williams and Smith. That is a highly deceptive practice misleading your customers who are in collection to believe they are being contacted by debt collection attorneys from a Florida debt recovery law firm.
Florida Collection Attorney Gebeloff
Our Florida collection attorney believes that creditors will get better results sending their delinquent accounts directly to our Florida debt collection law firm. Our Florida collection attorney will send an attorney demand letter, demanding payment of the Past due account. If immediate payment arrangements are not made, our debt collection attorney will set forth a debt collection strategy and discuss with your company how your company’s money may or may not be able to be collected. Please feel free to call our Florida collection law firm. We will explain in detail how we differ from a Florida collection agency. Together we will devise a collection strategy that is just right for your company to pursue past due delinquent accounts.
About Collection Agencies:
Collection Agency Directory
Florida Collection Agency
Florida Collection Agencies
Debt Collection Attorney – Lawyer
Florida debt collection attorney recently performed with the Symphonic Band of the Palm Beach – Armed Forces Salute. When he is not his saxophone, collection attorney Stephen Gebeloff, manages his commercial debt collection law firm in Palm Beach County. The Gebeloff Law Group is a boutique debt collection law firm with its offices in Boca Raton, Florida.
Collection Attorney – Debt Collection Law Firm
The debt collection lawyer prides himself with offering customizable debt collection strategies to his debt collection clients. As an attorney who concentrates his practice on complex debt collection matters, Mr. Gebeloff explores a wide variety of possible of legal theories that he maybe able to utilize when devising a collection strategy for your company. Collecting money from your customers is the primary goal of our debt collection strategy. Sometimes, a demand letter from a collection attorney may be all that is needed to collect on past due invoices. A letter from a collection attorney rather than a collection agency sends a powerful message that your company is serious about collecting past due accounts.
Contact Our Debt Collection Law Firm
When you contact our Florida debt collection law firm, Mr. Gebeloff will take the time to understand your business and make recommendations on how your company can take better control of delinquent accounts. Our firm has developed an attorney demand letter service that may be appropriate. Our collection law firm also considers officer and director liability. There are times when the corporate entity is more of a sham and is akin to the individual officer him or herself. In that case, our collection attorney will look to assert personal liability for the debt on the officer(s).
When you call our collection law firm, our staff will be happy to answer your questions about commercial debt collection law. We are not a commercial collection agency. There are big differences between using collection agencies rather than collection attorneys when collecting your debt. Let our debt collection attorneys help your company maximize collect of past due accounts.
Florida Collection Agencies Hire Our Florida Collection Attorney For Their Collection Agency
Florida collection agencies have been contacting our debt collection law firm more frequently because it has been coming more difficult for their Florida collection agency to collect on past due accounts. The difficulty for Florida collection agencies is that the collection agency is limited to making collection calls and sending out demand letters for payment. This is still a very tough economy and Florida collection agencies do not have the same effectiveness as a Florida collection attorney filing a lawsuit to collect money.
Collection Attorney Stephen B. Gebeloff
Our Florida collection lawyers work with Florida collection agencies when the Florida collection agency after sending debt collection letters and after making telephone collection calls, has been unable to effectuate collection of their clients account receivable. Our debt collection attorneys look at a variety of credit and collection strategies to devise a collection strategy that Florida collection agencies cannot implement. Florida collection agencies are not license to practice law. Because of that, the collection agency has to refer the collection case to our Florida collection attorney and charge you a higher contingency fee.
Collection Agency Alternative
Recognizing that creditors are paying high contingency fees to Florida collection agencies, our debt recovery law firm has implemented a low flat fee attorney demand letter service. Just as Florida collection agencies send demand letters for payment, our law firm will not charge a contingent fee like a Florida collection agency. Our collection attorneys also offer a flat fee telephone demand service.
We invite you to visit our web site to learn more about how we can save your company money by choosing our attorney demand letter service to attempt collection of your companies past due accounts rather than using a Florida commercial collection agency.
We also offer companies access to our free EBook.
Guide to Internal Debt Collection Procedures
We are always available to answer your debt collection and debt recovery questions.
Florida Collection Agencies Read Our Debt Collection Book
Collection agencies in Florida continue to refer their commercial collection accounts to our debt collection lawyers. A Florida collection agency can only utilize making collection phone calls and send demand letters for payment. Florida collection agencies are not licensed to practice law in the State of Florida. Once the Florida commercial collection agency has exhausted its efforts in trying to collect past due accounts, if the creditor wishes to pursue litigation, the Florida collection agencies must refer the account to a Florida collection attorney.
Our Florida debt collection law firm has written an EBook that is available to assist our clients manage their account receivables. We discuss the differences between a Florida collection agency and a Florida commercial collection law firm.
Guide to Internal Debt Collection Procedures
Florida collection agencies sometimes hold onto past due debt collection accounts too long
Many times we find that Florida collection agencies hold onto a collection account for an extended period of time when it is apparent that litigation is required to effectuate collection. We believe a collection account should be with a collection agency no more than thirty (30) days before forwarding the account from the commercial collection agency to a collection attorney if there is not a solid repayment plan put into place by the Florida collection agency.
After reading our EBook, we would be happy to discuss implementing an effective debt collection strategy for your company. We would be happy to also partner with any Florida collection agency that may need our assistance after traditional tactics utilized by Florida collection agencies have not convinced the debtor to enter into a repayment plan. There are many avenues that we may be able to pursue in attempting collection of your past do accounts.
Florida Collection Agencies Have Limitations
In previous articles, we have been discussing why collection agencies may not be the best alternative when your company is trying to collect an account receivable. A collection agency is not licensed to practice law and cannot give your company legal advice about debt collection in Florida. Many Florida collection agencies retain our Florida debt collection law firm once traditional collection practices employed by a Florida collection agency have been exhausted.
A Florida Collection Agency Cannot Practice Law
There are basic steps every Collection Attorney should undertake when representing a judgment creditor in order to assess the likelihood of recovering from a judgment debtor. In addition, a Florida Attorney undertaking to collect on a Judgment should be versed in the various rights and remedies that are available to Judgment creditors afforded by Florida Law, that when used correctly, may lead to recovery of money towards satisfaction of the Judgment.
Below are steps that a collection attorney should perform when analyzing a collection matter and making an assessment as to the viability of collection:
- Speak to the creditor client to determine if the client has any knowledge if the Judgment debtors may be associated with any business entities and officers, directors, partners, members. This information is useful as Florida law permits a charging lien to be issued and served on an entity against a Judgment debtor’s interest in an entity.
- Perform their own search of the Florida Department of State Division of Corporations to see if the Judgment debtor is listed as an officer or managing member or partner in any business.
- Use public record search programs made available to collection attorneys such as Accurint or Lexisnexis to get a broad profile on the debtor including, but not limited to, addresses the debtor has lived at, corporations the debtor was and/or is an officer, properties that are and/or were owned by the debtor, automobiles that were and/or are owned by the debtor.
- Try and ascertain a place of employment
- Ask the client about their knowledge of what assets the debtor may own that may satisfy the judgment, including, but not limited to household furnishings, automobiles, jewelry and/or other personal property of value
- Ask the client if they have copies of any checks from the debtor or know where the debtor does bank to possibly attempt garnishment.
- Ascertain if a Judgment Lien was recorded with the Division of Corporations. If not advise the Client of the effect of filing a Judgment Lien and discuss whether it would be prudent to file a Judgment Lien even if it is decided by the client they do not want to spend any more time or money pursuing collection of the Judgment.
Florida Debt Collection Agency
Florida Collection Agencies Hire Our Collection Law Firm
Once an analysis of the information is obtained from the non-inclusive list above, a discussion with the client should be undertaken explaining possible costs involved, strategies that can be put in place to attempt collection and a reasonable timeline provided as to how post judgment collection proceedings may play out depending on how a debtor may or may not respond to post judgment collection efforts.
Once it is decided that the client wishes to proceed with collection efforts below are several, non-inclusive steps, that an attorney may utilize to attempt collection
- Writ of Execution
- Writ of Garnishment
- Pursuant to Florida Rule of Civil Procedure 1.560 obtain Post Judgment Discovery in Aid of Execution, including, a Fact Information Sheet directed to the debtor ( Pursuant to Florida Rule of Civil Procedure 1.977), and/or any other form of discovery including request for documents, interrogatories and/or depositions of the debtor or third parties.
- Commence proceedings supplementary pursuant to Florida Statutes Section 56.29
Feel free to contact our Florida debt collection law firm. We will discuss how we differ from Florida collection agencies. A Florida collection agency can only provide limited debt collection services in Florida.
Florida Collection Agency Directory
Using a Florida Collection Agency or Florida Collection Agencies
Florida collection agencies continue to collect debt in Florida. A collection agency in Florida needs to register with the State of Florida to have a collection agency license. A Florida collection agency may be a good fit for company that has a high volume of low balance claims for collection that are too small to justify filing a debt collection law suit. Florida collection agencies typically send our collection letters and then use debt collectors to make debt collection phone calls from their Florida collection agency office.
Even though a Florida collection agency may hold a license to collect debt in Florida, there really is no oversight over the Florida collection agencies over what tactics they may employ or how effective they may be at collecting debt in Florida. More credit managers are recognizing that they no longer need to place their debt collection claims with Florida collection agencies. A Florida debt collection law firm offers the same services as a Florida collection agency. However, what is important to recognize is that Florida collection agencies do not hold a license to practice law.
Florida Debt Collection Agency
If a Florida collection agency want to suggest that a collection case needs to go to an attorney, the Florida collection agencies have to outsource the collection matter to a Florida collection attorney. The end result is the Florida collection agency has to charge you a higher contingent fee as the Florida collection agencies now have to act as a middle man and will charge a premium on top of what the Florida collection law firm charges.
Our Florida collection lawyers will be happy to discuss the difference between Florida collection agencies and Florida collection law firms. In some instances utilizing a Florida collection agency may be a good option. However, in most cases using a Florida debt collection law firm will prove to get better results as the debtor recognizes that using a Florida collection law firm over a Florida collection agency means that your company intends to use the Florida courts to help your company recover its money.
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
COMMERCIAL COLLECTION LAW FIRM
Our Florida collection attorneys will assist your company collect past due commercial accounts
Florida collection agencies have been collecting commercial debt in Florida for many years. When your company choices to engage a Florida collection agency it has become apparent that your customer who is located in Florida has stopped paying invoices in a timely fashion. Florida collection agencies typically hire debt collectors to make collection calls from their Florida collection agency. Florida collection agencies then will send a series of collection letters to the debtor located in Florida.
Florida Collection Attorney Gebeloff
Our Florida commercial debt collection law firm has been receiving debt collection cases from Florida commercial collection agencies when the Florida collection agency has been unsuccessful in collecting on the past due date. In that instance the Florida commercial collection agencies are obliged to increase the contingent collection rate that they charge so that they may then forward the debt collection matter to our Florida commercial debt collection law firm for further handling. Florida collection agencies are not licensed to practice law.
Our Florida commercial collection law firm just like a Florida collection agency will send our collection letters and place collection calls. The huge difference is the customer is now receiving a collection letter from a Florida collection attorney. Collection phone calls are made by a Florida debt collection law firm. There is a greater sense of urgency for your customer to make payment to your company when demand for payment is coming from a Commercial Collection firm rather than a Florida collection agency. Lastly, there is no middleman. Our firm will charge a flat contingent fee on collection. Again Florida collection agencies raise your company’s contingent collection rate upon collection when they forward the claim to a debt collection lawyer.
Please contact our Florida debt collection law firm and speak to one of our debt collection professionals. We would be happy to discuss a debt collection strategy that is best suited to help your company recover money that is justly owed.