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.
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 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.
What to consider when deciding to use a Florida Collection Agency
A Florida debt collection agency may be ideal for creditors with multiple past due accounts with small balances that are past due. When collecting money a Florida debt collection agency may send demand letters and make phone calls in an attempt to collect your money. A Florida debt collection agency usually hires debt collectors to make numerous phone calls to persuade the debtor to pay.
A Florida debt collection agency cannot practice law. If the Florida debt collection agency is unable to collect your money with phone calls and debt collection letters the collection agency must then send the account to a Florida debt collection law firm.
Florida Debt Collection Agency
Our Florida debt collection law firm receives many accounts from a Florida debt collection agency that has been unable to collect the debt by phone calls and letters alone. We find often that a Florida debt collection agency will hold on to the account to long before forwarding the claim to our law firm for collection. The collection agency does not want to forward the account if it does not have to because their contingency fee will be reduced in that the case has now been sent to a collection lawyer.
Please keep in mind that our debt collection law firm uses collection lawyers and debt collection paralegals to attempt the collection of past due accounts. Just like a Florida debt collection agency our debt collection firm can send demand letters and make collection phone calls. The advantage to a client coming to our collection practice instead of using a Florida debt collection agency is that the contingency rate will be lower if the account has to go to litigation, collection demands are coming from a collection law firm and collection attorneys and paralegals are handling the account. Putting the power of a debt collection law firm may be right for you before your company considers a Florida debt collection agency. Please feel free to contact our debt recovery law firm to discuss your options.
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.
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
fax(561)953-4610 [email protected]
Florida Collection Attorney and Collection Law Firm
Creditors often ask us what the difference is between using a Florida collection agency or several Florida collection agencies as opposed to using a Florida Collection Attorney or Florida Collection Law Firm. Florida collection agencies do have their purpose. If you are looking for a debt collection strategy that sends out collection letters to debtors and then follows up with repeated calls demanding payment, a collection agency may work when the age of the account receivable is not that old. But, over time, or even now with businesses having a harder time with their cash flow, collection letters and phone calls from a Florida collection agency may not be enough to get your money collected.
When you use a Florida debt collection law firm or a Florida collection attorney or lawyer, the Florida collection lawyer will be able to start a lawsuit to help you effectuate collection. Receiving a summons and a complaint on a collection case starts the clock ticking for the debtor. The debtor now either knows it will have to offer a plan to settle the collection suit, hire a lawyer to defend the Florida collection lawsuit filed by the lawyer. If the debtor fails to respond, the Florida collection lawyer and or Florida collection law firm will be able to move to enter default judgment. The Florida collection lawyer will be able to then begin to look for assets to garnish.
In summary, Florida collection agencies at times can get the results a creditor is looking for. But, in the end, the urgency for the debtor to act to pay a creditor money that is due is much stronger when the collection demand for payment comes from a Florida collection lawyer or law firm.
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
fax(561)953-4610 [email protected]