Allison L. Friedman, P.A.Allison L. Friedman, P.A.2026-06-01T17:31:15Zhttps://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[Why the beginning of a partnership should address its end]]>https://www.flcollectionslawyer.com/?p=497972026-06-01T17:31:15Z2026-06-01T17:31:15ZEveryone benefits from a pre-planned exit strategy
There are numerous reasons why a business partnership may need to end while the company continues to operate. One partner might develop medical issues or receive a job offer they cannot decline. The partners may have differing ideas about how to address changes in the economy.
Committing in advance to specific arrangements that allow one partner to buy out the other can prevent costly business litigation, disruptions to company operations and other challenges that could arise during disputes about a partnership buyout. A buy-sell agreement that guides the acquisition of one partner’s interest by the other can facilitate a peaceful and fair buyout when such transitions become necessary.
The terms are typically enforceable even in scenarios where partner’s don’t agree on the exit initially. By creating the arrangements in advance while the relationship is still positive, partners can minimize conflict and ensure that the end of their working relationship is fair and does not damage the business.
Discussing business plans and creating custom documents with the help of a business law attorney can reduce the risk inherent in creating a new company. Those planning to start a partnership typically need to consider the end of the partnership to protect what they build and their relationship with one another.]]>On Behalf of Allison L. Friedman, P.A.<![CDATA[How to enforce an out-of-state judgment in Florida]]>https://www.flcollectionslawyer.com/?p=497962026-05-19T02:59:50Z2026-05-19T02:59:50ZIf you won a lawsuit in another state but the debtor now lives in Florida, you still have legal options. Florida law gives you a structured path to collect what you are owed.
What it means to domesticate a foreign judgment
Florida requires you to "domesticate" an out-of-state judgment before you can collect on it. The Florida Enforcement of Foreign Judgments Act governs this process and treats a valid out-of-state judgment as if a Florida court had issued it. Under Fla. Stat. § 55.503, the clerk must give the foreign judgment the same effect as a local judgment.
The steps to file and record your judgment
You must file in the Florida county where the debtor lives or owns property. The filing goes to county court for judgments of $50,000 or less and to circuit court for amounts above that. Here are the core steps:
Exemplified copy: Request a triple-certified copy from the original court clerk.
Affidavit: Submit a notarized statement with both parties' names and last known addresses.
Filing fee: Pay the standard clerk fee, which varies by county and judgment size.
Notice: The clerk mails the debtor a formal notice of the recorded judgment.
Some counties require you to open a full case at the time of filing. Others only require the fee and the notice. You should confirm local requirements before you file.
The mandatory 30-day waiting period
You cannot begin collection efforts until 30 days after the clerk mails the notice to the debtor. Florida law gives the debtor that window to challenge the judgment in a Florida court. If the debtor files no challenge within 30 days, the judgment becomes fully domesticated and you may begin collection.
Collection tools available after domestication
Once the judgment is domesticated, you can use several enforcement remedies. Here are your options:
Writ of execution: Directs the sheriff to seize and auction non-exempt assets.
Writ of garnishment: Freezes bank accounts or garnishes wages.
Proceedings supplementary: Compels the debtor to disclose income and assets in court.
Each remedy requires a case number, which the clerk issues after the judgment is recorded.
You may talk to an attorney before you file
County-level variations in the domestication process can slow or derail your collection efforts. An attorney can help you understand your options and avoid procedural missteps. Speaking with a Florida collections lawyer may clarify how these rules apply to your specific situation. ]]>On Behalf of Allison L. Friedman, P.A.<![CDATA[All business owners should know Florida’s statutes of limitations]]>https://www.flcollectionslawyer.com/?p=497952026-05-18T03:04:19Z2026-05-18T03:04:19ZStatutes of limitations for civil lawsuits provide deadlines for plaintiffs to act to seek compensation or other resolution for some type of violation that has caused them harm. They are specified under the law largely to protect potential defendants from having to defend themselves from a long-past alleged action or negligence.
When parties wait for too long, evidence may be missing, destroyed or compromised. Witnesses may not be able to remember anything about what happened. They may not even be able to be located or may have passed away.A case doesn’t have to be resolved within the statute of limitations, but the lawsuit generally needs to be filed, or at least some kind of legal action needs to be started within that timeframe, so that the defendant is aware of it. The “clock” generally starts ticking when a plaintiff knew or should have known they suffered harm. Statutes of limitations for civil lawsuits related to business transactions generally are between two and four years. However, there are exceptions, as noted below.
Florida statutes of limitations for common business-related litigation
Laws vary by state, so it’s important for business owners to know what they are under Florida law – whether they are a plaintiff or a defendant. Below are some key examples:
Contracts (specific performance): One year
Libel/slander: Two years
Recovery of wages/overtime: Two years
Professional malpractice: Two years (except medical malpractice, which can go up to four years)
Personal or property injury: Four years
Contracts (oral): Four years
Fraud: Four years
Contracts (written): Five years
Certainly, if you’re a potential plaintiff, it’s smart not to wait until the statute of limitations deadline looms over you. Whichever side of a civil action you may be on, it’s important to get legal guidance as early as possible. This can help improve your chances of prevailing.]]>On Behalf of Allison L. Friedman, P.A.<![CDATA[Commercial collections: Documentation to keep]]>https://www.flcollectionslawyer.com/?p=497942026-05-04T11:25:52Z2026-05-04T11:25:52ZCommercial collections are much different than consumer collections, so it’s critical for any company that needs to handle this type of matter to understand how to handle this sensitive matter. These situations often require more than just showing that money is owed.
In many cases, commercial collections depend on being able to prove what was ordered, delivered and billed. From there, showing what’s still owed is crucial. Clear records can help to identify each step of the transaction.
What records should be maintained?
Invoices are central to these claims, but there are often other documents that are useful. Contracts, purchase orders, account statements, credit applications, delivery confirmations, payment histories, email correspondence and detailed collection notes may all be helpful. These show the basis of the debt and the history of payment and collection efforts. Every aspect of the agreement matters. Having a written agreement that can identify payment terms, interest, late fees and guarantees is often beneficial. In the absence of a formal written agreement, other options may be useful. For example, if the business made partial payments or had repeated orders, that may show that the company understood the situation. It’s also useful to have delivery and performance records, both of which can refute claims that products or services weren’t received. Ideally, delivery documents should be signed or verified in other manners if the payment due is for goods. Customer approvals, work orders, and project notes can be useful if the money owed is for a service.Dealing with collections from other businesses isn’t an easy task, so it’s often beneficial to work with someone familiar with these matters. They can assist with explaining the options and determining the best path to move forward.]]>On Behalf of Allison L. Friedman, P.A.<![CDATA[How do judgment liens shape debt collections in Florida]]>https://www.flcollectionslawyer.com/?p=497932026-04-15T10:29:25Z2026-04-15T10:29:25ZBusinesses that extend credit to people, even in situations such as billing the client when a project is completed, sometimes have to take collection actions. This often includes escalating efforts with the process culminating in going to court for a judgment against the debtor.
A judgment in Florida doesn’t mean that the debtor will automatically pay the order. The collection usually depends on being able to find assets, following the right filing steps and getting in line for those assets ahead of other creditors. A judgment lien in Florida can give a creditor leverage against the debtor’s personal property. While businesses don’t have to file a lien with the Department of State, it can help them to be prioritized when property is seized and sold. This could make the difference between receiving at least a partial recovery and not receiving a recovery at all.
Why does prioritization matter?
When property is found, seized, and liquidated, the proceeds are distributed in a set order. The costs of the process are covered first. After that, the creditors who have judgment liens are paid in order according to when the liens were filed. Because of this, even a short delay in filing can have a drastic impact on the collection position, especially if the debtor has considerable creditors. Receiving a judgment lien is usually one of the last steps in the collection process. Businesses should ensure that they follow the process precisely so they can collect what they’re due. It may be beneficial for them to have someone on their side who can assist with collection once it becomes clear that the debtor doesn’t have any intent to pay. ]]>On Behalf of Allison L. Friedman, P.A.<![CDATA[Corporate debt has been soaring in recent years]]>https://www.flcollectionslawyer.com/?p=497912026-03-31T14:37:53Z2026-03-31T14:24:23ZCorporate debt issues were significant during the financial crisis in 2008 and 2009. After the end of that crisis, things did smooth out for some time. However, in the last few years, reports have shown that corporate debt and default risks have been soaring once again.
For example, reports from 2025 showed that corporate debt had gotten so significant that the risk of default reached 9.2% for public companies in the United States. This was the single highest total that has been seen since the financial crisis. These reports also showed that this was not necessarily the peak, so debt issues could become even more significant moving forward.
The issue for creditors
This is creating a significant issue for creditors because a business that defaults on its loans may simply not have the financial means to pay back the money that was borrowed. It’s not a matter of negligence, but of inability. This, in turn, can lead to a cascading effect. As businesses close and employees lose their jobs, spending drops, which impacts the viability of other businesses and could put them at risk of defaulting themselves.As such, it is very important for creditors to understand exactly what options they have. There are steps that can be taken to secure payment, such as garnishment. If a business does close, assets often have to be liquidated, and creditors are supposed to be paid from the proceeds of this liquidation. After all, even a business without a sustainable level of income may still have significant physical assets, real estate and other things that can be sold to satisfy the debt.All of this can be complicated, but as the default risk grows higher, creditors need to understand all of their legal options. It can be helpful to work with an experienced attorney.]]>On Behalf of Allison L. Friedman, P.A.<![CDATA[Avoiding ambiguity in your business contracts]]>https://www.flcollectionslawyer.com/?p=497892026-03-11T18:29:42Z2026-03-11T18:29:42ZContracts are crucial in business. They set clear expectations for the parties involved, provide legal protection, prevent disputes and manage risks. However, the effectiveness of an agreement can be significantly threatened by ambiguous language. Ambiguity is a leading cause of disputes in companies, costing billions annually. It’s crucial for a business owner to draft clear agreements. Here is how you can do this:
Define key terms
Not defining key terms in a contract can lead to legal and operational risks. Clear definitions ensure all parties understand what a term refers to whenever it’s mentioned in the agreement. For starters, clearly identify the parties entering the contract. You can state an individual’s or business entity’s full legal name and then include how you will refer to them throughout the contract in brackets. For example:
This agreement is made between ABC LLC (the "Company") and XYZ Supply Inc (the "Supplier")
This contract is entered into by ABC LLC (the “Company”) and Jane Doe (the “Client”)
Other key terms to define include business hours, scope of work (SOW), services/products, payment terms, confidential information, governing law and jurisdiction and termination conditions.
Avoid terms that can be interpreted differently
Some terms used in contracts seem clear, but reveal multiple interpretations when applied to real-world facts. This is because they lack a specific, objective meaning. Thus, they can easily lead to misunderstandings. Examples are:
Subjective performance standards – Best efforts, reasonable efforts, satisfactory and high quality.
Undefined scope of work – As needed, as required, similar services, necessary work and substantial completion.
Unspecified timelines – Promptly, as soon as possible and within a reasonable time.
You should avoid using such vague terms. And when it’s necessary to include a term, provide a clear definition.Vagueness in contracts can lead to damaged relationships and financial losses. Learn more about drafting clear agreements to protect your company. ]]>On Behalf of Allison L. Friedman, P.A.<![CDATA[Why it’s wise to have contingency plans in place for your business]]>https://www.flcollectionslawyer.com/?p=497882026-03-08T19:33:25Z2026-03-08T19:33:25Zif something were to happen to one of them.
Unshared information could prove disruptive and costly
Let’s say you run a small construction firm that, while still young, is doing well. Maybe you fall from a height tomorrow while on site and are left in a coma for a few weeks. If you had already given someone else the authority to sign contracts or make payments for the company in case you were ever unable to. Then you may wake from the coma to find business has carried on, bringing in money without you. If you had not prepared for such a scenario, you may find everything has ground to a halt as no one could sign contracts to take on new projects or make payments to workers or suppliers.
Perhaps you run a small enterprise based around an app you developed with a friend and co-founder. You had the idea, they did all the programming, and you took care of finding clients while they took care of the tech side. If something happens to them, and you have no idea how to access or adapt the app to clients, you could be left with a business that quickly flounders.
Learning more about how best to document such choices early on is wise, as you can never predict what tomorrow might bring. The future of your business and the income that it provides to you and your family could quite literally depend on it.]]>On Behalf of Allison L. Friedman, P.A.<![CDATA[Unfair competition can lead to a business lawsuit]]>https://www.flcollectionslawyer.com/?p=497872026-02-19T03:24:45Z2026-02-19T03:24:45ZWhat constitutes unfair competition?
Unfair competition involves behavior intended to manipulate the markets or consumer conduct. Competitors can drop their prices or innovate without violating the law or putting their organizations at risk of litigation. However, deceptive, illegal and unethical behavior intended to secure a competitive advantage could lead to a lawsuit.
Price-fixing schemes where multiple business leaders or professionals in the same industry agree to cooperatively undercut another organization could deprive the targeted business of the opportunity to fairly compete. The misappropriation of trade secrets through various questionable means could also constitute unfair competition.
Fraudulent activity, including false advertising, can constitute unfair competition. So can trademark infringement intended to confuse consumers. Companies that cannot compete fairly may engage in actionable misconduct in their attempts to secure or retain a share of the market. Documenting activities intended to undermine the free market can help business leaders build a case against competitors who crossed the line when looking for a competitive advantage.
Successful business litigation can lead to an award of financial damages or an injunction preventing future unfair competition. Working with a business attorney to document and counter unfair competition can help business owners ensure they compete on a level playing field.]]>On Behalf of Allison L. Friedman, P.A.<![CDATA[What limits apply to wage garnishment in Florida?]]>https://www.flcollectionslawyer.com/?p=497852026-02-10T11:24:27Z2026-02-10T11:08:00ZFacing wage garnishment in Florida can feel stressful, especially when you are trying to protect each paycheck while keeping your business running smoothly. Knowing the limits and exemptions under Florida law can help you approach the situation with more confidence.
Understanding the basic cap on your paycheck
Florida generally limits how much a creditor can take from your weekly earnings. The calculation usually looks at your disposable earnings—the money left after mandatory deductions such as taxes. Typically, a creditor can take the smaller of these two amounts:
A quarter of your weekly disposable earnings
The amount by which your weekly disposable earnings exceed $217.50, which equals 30 times the current federal minimum wage
If your weekly disposable pay is $217.50 or less, your wages may remain protected from collection for common debts like credit cards or medical bills.
Head of family protections
Florida law provides additional protections for individuals who qualify as a "head of family." You may meet this status if you provide more than half of the financial support for a dependent, such as a child, spouse or other relative.
Earnings under $750: If your disposable weekly earnings are $750 or less, your wages may be fully exempt from most creditors.
Earnings over $750: Even if you earn more than $750 per week, your wages might still be protected. For a creditor to collect this money, you generally would need to sign a separate, written waiver. Florida law requires the waiver to be in a separate document, printed in at least 14-point type and clearly explain the rights you are giving up.
Identifying income that is usually safe
The law treats different types of income differently in garnishment. You usually keep certain benefits and payments to cover basic living expenses. Social Security benefits, including retirement, disability or supplemental security income, often fall into this category. Unemployment compensation and most public assistance payments usually remain protected as well. Veterans’ benefits, pensions and certain retirement account distributions usually remain safe from garnishment. These protections typically apply against private creditors, although different rules can exist for government debts like unpaid taxes or child support.
Situations where higher limits may apply
Certain debts let creditors take a larger portion of your paycheck. For instance, child support or alimony obligations may permit creditors to take roughly half or slightly more of your disposable income. The Internal Revenue Service (IRS) can reach even higher percentages of your earnings for unpaid taxes and sometimes a portion of certain government benefits may be included. These higher limits tend to apply only under specific circumstances and often follow strict legal guidelines.
Going through the legal process
Creditors usually must give you notice before garnishing your wages. Typically, a creditor must sue, obtain a court judgment and then secure a writ of garnishment. Once you receive notice, you usually have about 20 days to file a Claim of Exemption. This form allows you to assert protections such as head of family status or other exemptions. Missing the deadline could make it more difficult to shield your earnings.
Taking next steps
Dealing with potential garnishment can feel overwhelming, but keeping organized records of pay stubs and household expenses may help. Understanding your protections and acting promptly can make a real difference in managing both your personal finances and your ongoing business responsibilities.]]>