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

OFFICER DIRECTOR LIABILITY

Our collection law firm continually looks for ways to assert personal liability on an officer or director of a corporation (“officer- director liability”) when there are no personal guarantees on the account. One way is to see if the corporation is still active on the Florida Department of State Division of Corporations website. If the corporation has been administratively dissolved, we look for the effective date of the administrative dissolution. If goods and services were provided during the time that the debtor was administratively dissolved, our collection attorney will assert that the officer is personally liable for the debt because the corporation no longer was officially in existence at the time. Recent case law in Florida, however, has indicated that if a corporation reinstates, the reinstatement would absolve the officer from liability.

Stephen Gebeloff Florida Colletion Lawyer

Florida Collection Attorney

Our collection firm does not stop there. There our other ways to assert officer director liability. We assert that the debtor corporation was under capitalized at the time the corporation placed the order for goods or services. Thus, we assert the officers and directors had knowledge of this fact or should have known this fact. A prudent director would not order $100.00 worth of product with only $5.00 dollars in the bank. We state our cause of action in the collection lawsuit as fraud.

Please feel free to contact our Florida collection law firm and speak to our Florida collection lawyer about the specifics facts surrounding your Florida debt collection case. 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
(561)953-4600
fax(561)953-4610
[email protected]

Tag Archives: liability of an officer in Florida

Officer Liability in a Debt Collection Case

Officer and Director Liabilty in a Florida Collection Case

OFFICER DIRECTOR LIABILITY