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Focused On Debt Collections In Aventura Since 1995
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...
Finding an alter ego corporation to an individual judgment debtor can be a very effective collection tactic. Consider the situation where the debtor owns his or her own business and draws no salary and deposits no funds in his or her personal bank account. Obviously...
Pre-judgment writs of replevin allow a creditor to regain possession of any property wrongfully held by another. Florida Statutes §78.069(3) provides the procedure and requires that the creditor post a bond prior to having the writ issued to protect the debtor in...
Not all judgments are valid and if not, may be set aside. Whenever I receive calls concerning judgments, I always start with asking about service of the complaint. If service is improper, the judgment will be deemed void. Even if the service is proper, Rule...
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...
Executing on a judgment can be an effective way to collect. However, most people do not understand the process involved when using a writ of execution to attempt to take possession of real and/or personal property of a debtor. I get calls all the time from...
I recently had a potential client contact me concerning the consequences of a garnishee's failure to answer a writ of garnishment. Florida law provides that a judgment creditor may serve an employer to garnish a debtor's wages as well as any other entity that may be...
