Allison L. Friedman, P.A.Allison L. Friedman, P.A.2026-07-09T14:44:34Zhttps://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[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.]]>On 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. ]]>