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Focused On Debt Collections In Aventura Since 1995
Cash flow is a major element of any successful business. The smoother the flow, the greater the flexibility a business operator in Florida has in directing financial resources where they will do the most good. Unfortunately, many factors can crimp movement. Disputes...
I was recently retained to execute on a domesticated foreign judgment awarded in favor of my clients for defamation and damages. The defendant is basically uncollectible, however, my clients had me obtain a writ of execution and execute on all computers and...
Fraudulent transfers beware! The Florida legislature has revamped the statute governing proceedings supplementary. The changes will go into effect July 1, 2016. The good news for creditors is that all the same avenues to attempt collection are still viable, including...
Pre-judgment writs of garnishment against bank accounts and accounts payable can be very effective in collecting funds owed by a debtor. Florida Statutes §77.031 allows a creditor to obtain a writ of garnishment before serving the debtor with any notice. This...
A few months ago I handled a claim of exemption hearing for a client seeking a head of household exemption for garnishment of his wages. My client resides in another state, but his employer is a Florida corporation and was served with a writ of garnishment in Florida....
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%...
I recently had a non-resident client whose salary was garnished by a Florida court because his employer had an office in Florida and he had a judgment entered against him in Florida. We timely challenged the garnishment by filing a head of household claim of...
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...
A recent Third District Court of Appeal decision clarifies when a shareholder may bring an action on his or her own behalf against a third-party or must bring the action on behalf of the corporation as a derivative shareholder suit. A derivative action is one brought...
Involuntary bankruptcy can be a very useful collection technique, but definitely not one to use lightly. The bankruptcy code provides that a single creditor can put a debtor in bankruptcy who has less than 12 creditors (excluding insiders) and is owed at least...
