Florida provides excellent protection for collection against marital property by presuming that the property is held as tenancies by the entireties. Tenancies by the entireties means that property is held by husband and wife jointly with rights of survivorship of 100%...
Collection
Collections
When handling collections of debts, what would make my job a lot easier is if the debt itself was evidenced by writing. This could be in the form of an invoice, purchase order, promissory note, personal guaranty or contract. However, any written memorandum signed by...
Collection against LLCs just got easier . . .
Collection against a limited liability company (LLC) in Florida has just become a little easier thanks to the revised statutes governing LLCs. Starting January 1, 2014, distribution to LLC members cannot be made if the result would be to leave the LLC insolvent and...
Successfully Setting Aside Fraudulent Transfer of Stock
My firm was recently successful in collections by having a stock transfer from a husband to his second wife set aside as fraudulent. The husband was in a bitter divorce with his former wife and had many judgments entered against him in favor of his ex-wife. During the...
Collecting on a Judgment
Collection of a judgment, I often tell my clients, is the hard part of the litigation process. Obtaining a judgment against the debtor can often be rather easy to achieve in litigation, especially when a debtor fails to respond to the lawsuit. The real challenge for a...
Collection on a Judgment against a Dissolved Florida Corporation
I often get asked if its possible to collect on a judgment against a dissolved Florida corporation when the same principal has opened up a new company. If the new company is similar to the previous company, a judgment creditor can attempt collection in Florida against...
New Amendments to Garnishment Statute Help Collections
Garnishment is one of the most effective ways for a collections attorney to recoup funds for his or her clients. In the most recent legislative session, the Florida legislature has amended Chapter 77 of the Florida Statutes governing garnishment proceedings. The most...
Welcome and Collection Advice
Welcome to my website blog. My goal is to address collection issues including collecting on unpaid invoices, accounts receivables, promissory notes and other debts. I will also highlight important changes in Florida law and notable cases. If...
