Allison L. Friedman, P.A.Allison L. Friedman, P.A.2026-09-28T06:29:44Zhttps://www.flcollectionslawyer.com/feed/atom/WordPress/wp-content/uploads/sites/1200882/2019/10/cropped-Fav_Icon-min-32x32.jpgOn Behalf of Allison L. Friedman, P.A.<![CDATA[Recovering losses through Florida civil theft claims]]>https://www.flcollectionslawyer.com/?p=498152026-09-28T06:29:44Z2026-09-28T06:29:44ZWhat must be proven in a civil theft claim?
A business dispute or a broken agreement does not automatically qualify as civil theft. Under Florida law, the person filing the claim must show clear and convincing evidence that the defendant committed an act covered by the state's civil theft law. The claimant must also show that the act caused financial harm.
Evidence may include bank statements, transaction records, emails, company documents and other records that help explain what happened to the property and how the loss occurred.
Why is a written demand required?
Before filing a civil theft lawsuit, the person seeking compensation must generally send a written demand to the defendant. The demand must request $200 or the amount allowed under the law, whichever applies.
The defendant has 30 days after receiving the demand to comply with the request. If the defendant pays the required amount within that period, the law protects the defendant from further civil claims related to that specific theft.
This demand gives the defendant a chance to resolve the matter before the claimant files a lawsuit.
What damages can a successful claim provide?
Florida law allows a person who proves a civil theft claim to seek:
Three times the actual financial loss, with a minimum award of $200
Reasonable attorney fees
Court costs
The law also allows a defendant to seek attorney fees and court costs if the claimant files a case without a sound factual or legal basis.
What should a business do after suspected theft?
Businesses should keep financial records and other evidence that may help explain what happened. Bank statements, accounting records, emails, contracts and transaction documents may help establish the facts.
Florida law sets specific rules for civil theft claims, including a written demand before filing a lawsuit. Business owners should understand these requirements before taking legal action. An attorney can review the evidence and explain whether a civil theft claim or another legal option may apply.]]>On Behalf of Allison L. Friedman, P.A.<![CDATA[What can you do if a business partner moves company assets?]]>https://www.flcollectionslawyer.com/?p=498122026-09-23T17:38:05Z2026-09-23T17:38:05ZCan you stop the transfer?
Florida law requires members and managers of certain LLCs to follow duties of loyalty and care under Florida law. Those duties can include accounting for company property and benefits obtained through its use.
When your partner appears to be diverting company assets, you may be able to ask a court for emergency relief. In a judicial dissolution proceeding, a Florida court can issue an injunction, appoint a receiver or custodian and take steps to preserve company assets while the case proceeds.
What can a court do?
The specific remedy depends on the facts and the type of proceeding. Potential court action can include:
Stopping certain conduct: A court may issue an injunction to restrict actions that could harm the company or its assets.
Appointing a receiver: A court may place a neutral receiver or custodian in charge of certain company property or operations.
Preserving company assets: A court can take steps to protect business property while the dispute is pending.
These remedies do not apply automatically. The company must meet the legal requirements for the relief it seeks.
What if assets have already been moved?
A partner's actions may also support a breach of fiduciary duty claim when the partner improperly uses company property. The company's operating agreement and structure can affect the duties involved.
Acting before additional assets are moved can affect what relief a court is able to provide. Preserving your financial records, transaction details and other evidence can help show what happened and what relief may be available.]]>On Behalf of Allison L. Friedman, P.A.<![CDATA[How to collect unpaid debt from out-of-state business]]>https://www.flcollectionslawyer.com/?p=498102026-08-27T17:57:51Z2026-08-27T17:57:51ZRegister the judgment through Florida domestication
You must register your out-of-state judgment locally before enforcing it in local courts. The Florida Enforcement of Foreign Judgments Act allows judgment holders to file official copies of out-of-state court orders with the local county clerk office. This registration process involves specific administrative steps:
File an affidavit with the last known address of the debtor.
Pay required court recording fees at the time of filing.
Allow the court clerk to mail official notice of the filing to the debtor.
After recording the judgment, the court clerk mails official notice to the business debtor. State law requires a mandatory 30-day waiting period after this mailing date before execution processes can begin, giving the debtor time to file formal legal challenges.
Freeze accounts with a writ of garnishment
A creditor can request a writ of garnishment once the statutory 30-day post-mailing period ends without a court stay. A writ orders third parties holding money for the debtor to freeze those accounts while the court reviews the matter. This process targets specific commercial assets:
Local bank accounts belonging to the corporate entity
Outstanding bills owed to the debtor by Florida customers
Payment platforms handling local business sales
Serving a writ forces local business partners to file a sworn answer declaring what funds they hold and freeze those amounts. The creditor must obtain a final garnishment judgment from the court before receiving the frozen money.
Uncover hidden assets in proceedings supplementary
Debtors sometimes transfer cash, inventory or equipment to secondary companies to avoid paying a court order. Florida law allows judgment creditors to start proceedings supplementary to bring third parties and fake shell companies into the lawsuit. Courts look closely at specific warning signs during these post-judgment actions:
Quick transfers of commercial equipment to related companies without payment
Mixing personal money with corporate bank accounts
Opening brand new twin businesses right after a court ruling
Judges can void dishonest asset transfers and hold secondary companies responsible for the debt. This step keeps corporate owners from hiding assets behind new corporate names.
Take legal steps to collect what you are owed
Recovering unpaid debt from out-of-state companies requires swift execution of post-judgment collection laws. Speak with a commercial collections attorney to review your foreign judgment and protect your rights in court.
]]>On Behalf of Allison L. Friedman, P.A.<![CDATA[Can you garnish a debtor’s accounts receivable after judgment?]]>https://www.flcollectionslawyer.com/?p=498092026-08-14T11:36:37Z2026-08-14T11:36:37ZYou won your judgment, but the debtor's bank account sits nearly empty. The business continues invoicing customers every week, which means revenue is still flowing through its operations. The problem is that those funds have not yet reached an account you can access through ordinary enforcement. Florida law lets you intercept those payments before they reach the debtor, and knowing how the process works helps you decide whether it fits your situation.
Debts a receivables garnishment can reach
Accounts receivable are the payments a business is still owed by its customers. Under Florida's garnishment statute, a judgment creditor can subject any debt a third person owes the debtor. Each customer who owes the debtor money becomes a potential garnishee, the third party that receives the court order. After receiving the writ, that customer must hold the payment for the court rather than release it to the business you are pursuing.
The writ process after judgment
Once you hold a judgment, the garnishment process is generally more straightforward than it is before trial. You file a motion stating the judgment amount, and the court issues a writ to the customer. That customer then has 20 days to answer, identifying what it owes the business, if anything.Service of the writ also creates a lien, so the customer becomes responsible for that money from the moment it arrives. This is the same court-ordered path used to reach wages and bank accounts, aimed instead at payments that the debtor's own customers are obligated to make.
Limits that narrow what you collect
A receivables garnishment does not sweep in every future invoice. The writ captures debts the customer already owes or debts that will come due purely with the passage of time, so money the debtor has not yet earned generally stays out of reach. A single writ also reaches only what the customer owes up through its answer, which often means serving fresh writs as new invoices mature.The calendar matters too. If you do not move toward final judgment within six months, the writ dissolves on its own, though you may extend it once. When the debtor is an individual rather than a company, certain exemptions can apply as well.
Turning a judgment into real recovery
A judgment on paper does not collect itself, and a debtor with thin bank balances is not necessarily out of assets. Its receivables may be the steadiest place to look, because a working business has to keep billing to survive.Before you serve anyone, build a list of the debtor's known customers and recent invoices, since a garnishment works only when you can name the third party holding the money. That groundwork turns your judgment from a court record into real payment.]]>On Behalf of Allison L. Friedman, P.A.<![CDATA[A guide to social security and retirement exemptions in Florida]]>https://www.flcollectionslawyer.com/?p=498072026-08-05T15:38:32Z2026-08-11T15:37:23ZSocial Security exemption
Social Security benefits are generally exempt from garnishment by commercial creditors, providing important protection for recipients. While this protection also applies to bank accounts, the steps can be more complicated. Under the federal look-back rule, when a bank gets a garnishment order, it must automatically shield up to two months of Social Security benefits deposited into the account.
Problems can come up when Social Security money mixes with other deposits, like wages or retirement payments. In those cases, courts may have to track the protected money to figure out how much of the account remains protected.
State protections around retirement funds
Florida law strongly protects retirement funds and generally keeps the following safe from most creditor claims:
ERISA-qualified plans
401(k)s
Individual Retirement Accounts (IRAs)
Often, creditors still cannot claim these funds after payout, as long as the money can be clearly identified and tracked as retirement funds.
However, this protection is not absolute. Inherited IRAs generally do not receive the same exempt status, consistent with the U.S. Supreme Court’s decision in Clark v. Rameker. These safeguards may also not apply to some family court orders, such as alimony or child support.
The risks of pursuing exempt income
If you head a collections department, it is often wise to do a cost-benefit review before filing for a writ of garnishment. Running an asset search or questioning the debtor can show where their money comes from and whether it has exemptions. This can lower the risk of garnishing the wrong funds.
If you knowingly go after exempt funds, you could be responsible for costs or attorney’s fees. In some cases, such as when the debtor’s only income is Social Security, they may not have reachable assets. This can make aggressive collection unrealistic. In those cases, it may be better to focus on a settlement instead of continuing expensive litigation.
Exploring other collection options
While Social Security and retirement funds are difficult to reach, you may still collect from other avenues if they are available. An experienced legal professional can help you review your current strategy for recovering the judgment.]]>On Behalf of Allison L. Friedman, P.A.<![CDATA[Why wage garnishment can be effective]]>https://www.flcollectionslawyer.com/?p=498042026-08-01T22:14:11Z2026-08-01T22:14:11Zwithheld by that individual's employer. The debtor themselves is not required to make these periodic payments. Instead, a portion of their wages is removed from their income before they receive it, and it is then rerouted to the creditor.
It can still be a lengthy process
This does mean that it can take time. The debtor is not paying back the entire amount that is owed all at once. Wage garnishment levels will be based on numerous factors, including how much that person earns and how much money is available. They may be paying back just a small percentage with every paycheck.
This can still work over time because it removes any potential issues with failure to pay in the future. If the person was just ordered to write a check to a trustee every month, for example, there is always the chance that they would fail to do so and further legal issues would ensue. However, if the money is removed from that person's possession so that they never receive it in the first place, they do not have any say in whether or not it is used to satisfy the debt. This helps to provide a consistent source of payment.
Wage garnishment cannot be used in all cases and may not always be appropriate, but it can be a valuable tool. It is important for creditors and small business owners to understand what legal options they have to collect what is owed to them.
]]>On Behalf of Allison L. Friedman, P.A.<![CDATA[Student loan defaults are growing more common]]>https://www.flcollectionslawyer.com/?p=498032026-07-22T16:12:49Z2026-07-22T16:12:49ZRecent trends show that more and more people are defaulting on their student loans. Most recently, for example, the total number of borrowers in default went up by 1.3 million. This is when comparing the amount to the final quarter of 2025, so the first quarter of 2026 saw a stark increase.Overall, this means that there are roughly 9 million borrowers who are behind on their loans. They are failing to pay back roughly $220 billion, or 13% of the total that is owed in federal student loans.
Different types of student loans
It is worth noting that the statistics above are for federal student loans. But these are not the only type of loans being given out.Many students also choose between federal and private loans. These private loans often have qualification requirements that are a bit more strict than federal loans, but the interest rates have more flexibility. Federal loans are regulated by Congress, but private loans can change from one institution to the next.Even so, the increase in borrowers who are defaulting on their loans demonstrates that student debt has become a significant issue in the United States. Even private lenders are going to run into borrowers who fail to pay back what they owe, despite having obtained their degree.This can become very complicated because there is not a tangible asset connected to the loan the way there would be with an auto loan or a home mortgage. As such, it is very important for lenders to understand all of the collection options that they have and the steps they can take when borrowers go into default.
]]>On Behalf of Allison L. Friedman, P.A.<![CDATA[3 payment structures that can affect unpaid debts]]>https://www.flcollectionslawyer.com/?p=498022026-07-09T14:44:34Z2026-07-09T14:44:34ZDifferent businesses use much different payment structures, and it can affect what type of debt issues they face. There are three general payment options that businesses focus on, often depending on what type of goods or services they provide.First and foremost, many small businesses require that customers pay upfront. This can eliminate debt-related issues, at least from a customer perspective. However, it does depend on the industry. Upfront payments are impossible or impractical in some industries, so this isn’t a viable solution in all cases.
Payment upon completion
Things become more complicated when payment is generally collected only after the completion of the job. An example could be the owner of a mechanic shop. They typically provide a quote at the beginning, but they do not actually issue an invoice until the car has been repaired. This can lead to significant issues where a shop may have done thousands of dollars' worth of work, but the customer refuses to pay.
Using a deposit
One way for businesses to get around some of these issues is to require a deposit upfront. A construction company that is hired to build a home or a commercial property, for example, may require a deposit before they even start the project, though the full balance does not have to be paid until the project is complete.
Are you facing collection issues?
No matter which payment structure you use, there is a chance that your business could be left with unpaid invoices, which can create significant cash flow issues. You need to know exactly what legal options you have to collect the debts that are due.
]]>On Behalf of Allison L. Friedman, P.A.<![CDATA[Is a partner breaching their fiduciary duty?]]>https://www.flcollectionslawyer.com/?p=498002026-07-07T06:21:27Z2026-06-24T12:37:25ZMost people who become business partners have known one another, whether personally or professionally, for some time and generally trust each other. Nonetheless, it’s still critical to create a solid partnership agreement to ensure that they understand their specific obligations to each other and the business.
An effective partnership agreement also needs to detail the consequences and remedies if one of them breaches the agreement (a breach of contract) or their fiduciary duty to act in the best interests of the business. The latter is known as a breach of fiduciary duty. Many breaches of fiduciary also involve a breach of contract. However, a breach of fiduciary duty can be particularly serious because it often involves someone using their position to act in their self-interest – to the detriment of the business.
Examples of common breaches of fiduciary duty by partners
Partners aren’t the only ones who have a fiduciary duty to a business. However, they often have unique access to assets and information and the power and influence to misuse it if they choose. Doing so is a breach of fiduciary duty. Some others include:
Self-dealing - acting for one’s own or someone else’s benefit instead of the business’s
Insider trading - using nonpublic information for personal gain
Failing to disclose a conflict of interest or other pertinent information
Negligence and incompetence can also be considered a breach of fiduciary duty if a person doesn’t act with the care or competence required of them.
Potential remedies for breach of fiduciary duty
These breaches can be extremely costly to the business, to other partners and to customers and vendors. They can seriously harm or even destroy a business. Some carry criminal penalties in addition to civil ones. To hold a partner civilly liable for breach of fiduciary duty it’s necessary to prove that:
They had a fiduciary duty.
They breached that duty.
The breach caused harm that can be compensated.
It’s crucial to monetize the harm done. Some is easily monetizable – for example, if they literally stole money or other assets from the business. Other harm requires careful calculation to put a dollar figure to.First, however, it may be necessary to get an injunction to stop the illegal activity. That’s why getting early and experienced legal guidance is key for anyone who learns or even suspects that a partner is breaching their fiduciary duty to the business.
]]>On Behalf of Allison L. Friedman, P.A.<![CDATA[What is proceedings supplementary?]]>https://www.flcollectionslawyer.com/?p=497982026-07-06T07:32:18Z2026-06-16T21:12:56ZFlorida Statute §56.29, which sets specific standards for handling such matters.
How does this process work?
A motion that’s filed must clarify the judgment in question, the amount that’s still owed, any accrued costs and interests and a statement that the execution of the collection is still outstanding and valid. The focus is on any property, debts or obligations that are connected to the debtor. It can include things like money owed to the debtor or transfers that may have been made to avoid it being claimed for collections. In some cases, the property in question may be held by another party.
If it’s deemed that the case meets the legal requirements, the court may issue a Notice to Appear that requires a third party to explain why specific assets or debts owed to the debtor shouldn’t be used to satisfy the judgment.
The proceedings supplementary may also include discovery that can help to identify bank accounts, vehicles, transfers to relatives, business interests and other possible sources of payment. This can be a powerful tool for collections, but it’s limited since it only applies to nonexempt assets.
Working through the collections process can be challenging, and it can take a business owner’s focus away from running their company. It may be beneficial to work with someone familiar with these matters so they can handle the legal aspects of the collections process as efficiently and effectively as possible.]]>