Florida civil theft

July 2, 2014September 10, 2018

When do I need a lawyer for my Florida Debt Collection Case?

Reading this article will teach you when and why you need a Miami debt collection lawyer.

Times have been tough, we all know that. Been there done that. The economy has thrown many business plans and transactions for a loop. Often this meant broken promises and non-payment. As a business, you took your lumps but often could do nothing about it. The debtors got a free pass. You had bigger problems of your own like surviving the Great Recession and making payroll. Fortunately times are better and now it is time to revoke that free pass and get what is owed to you.

Florida Debt Collection

Let’s be honest, there is nothing easy about debt collection. Any one that tells you this is easy work or guarantees you a result is a charlatan. Separating a person from their money is harder than almost anything out there. People will stop at nothing to frustrate you and not to pay. And why not, this means they got something for free from you.

The Do Nothing Lose All Approach

The choice is clear. You can do absolutely nothing and you are ensured of your result which is a total loss. Nothing less and nothing more. Show me a person that voluntarily pays a bad debt without a request and I will show you a unicorn. The total loss can be written off as bad business or a lesson learned. The only problem is bad business and lessons do not pay bills or replace the product or services you rendered.

Debt Collection Company Approach

The second choice is to pursue debt collection with a debt collection company. Debt collection companies work on a percentage basis meaning they keep a portion of your money they collect. That is the best case scenario. That can cost you up to 50% of what you are owed. If they collect nothing then you owe nothing. This seems like debt collectors work for free and many people feel this is a good deal. Why would you weigh this negative and most likely outcome as a good deal? Remember, debt collectors have a limited arsenal at their disposal such as calling and pestering debtors with lots of form letters. By law a debt collection company cannot do much more as they are not lawyers. The problem is debtors become immune to these tactics quickly like insects to repellent. At that point, the calls and collection letters are recognized for what they are and are ignored. Often that leaves you in the same position as you started but just months or years later with no results. You are worse off since the chance for recovery has been shown to lower with each passing day you do not take collection action.

Hire a Florida Debt Collection Lawyer

That leaves us with the final choice. Hire a debt collection lawyer. Unlike a debt collection company, a debt collection lawyer can take your debtor to task in court. Instead of telephone calls and dunning letters, a collection lawyer uses a lawsuit, subpoena, deposition, trial and final judgment as his tools. These tools can be very effective in recovering funds on your behalf. A resulting final judgment will allow the debt collection attorney to levy upon the debtor’s assets or seize the debtor’s bank accounts or wages through garnishment. If this does not work, then nothing will as no debt collector has any power greater than this. All you have to ask yourself is who puts you in the better position to recover your funds, which is the ultimate goal.

Hiring a debt collection lawyer need not be scary. Think of us as a possible solution to your problem and not a dental visit. The idea here to come up with an affordable and sensible budget you control to maximize your recovery. This is not an endless money pit. You are in control of that budget and decide if and when to stop the case. Our job is to put you in the best possible position to recover what you are owed. Not every case can be won, that much is clear, but it is equally clear that no case can be won if you do not try.

If you have a Florida debt collection case, please contact us to arrange for a consultation to see how a Miami Debt Collection Lawyer can help you. We have been doing this for over twenty-years and in that time there has been little that we have not already seen. By consulting with us, you have nothing to lose but everything to gain.

Related Topics: Florida debt collection, Miami debt collection, Florida collection lawyer, Miami collection lawyer, Florida collection lawsuit, Florida judgment collection, Florida garnishment, Florida levy, Florida civil theft, Florida fraudulent transfers

September 14, 2013September 10, 2018

Miami Fraud Lawyer

Miami Florida Fraud Help

Russell Law and Patrick Russell, Esq., a Miami Fraud Lawyer, can assist you with your Florida fraud case. We will analyze the position and conduct of the parties, and conduct background investigations to protect your interests. As needed, Russell Law will pursue State administrative remedies with the Florida Department of Professional Regulation, Florida Department of Insurance, and the Florida Department of State. If warranted, we can assist you in preparing your case to present to the State Attorney’s Office if a criminal complaint is desired. A Miami Fraud Lawyer will seek all statutory remedies in addition to the actual damages including treble damages where applicable.

Florida Fraud Law Defined

Fraud involves claims of dishonesty or deceit. Florida Civil theft is when one party intentionally deprives another party from the rightful use or possession of property. In other words, the taking of another person’s property and refusing to return that property upon demand. With proper notice, you are entitled to treble damages for the value of the property if it is not timely returned.

Florida misrepresentation is the making of a false statement of fact with the intention to induce another party to act. Claims for misrepresentation normally occur during the negotiation phase for the sale of goods (autos, boats, real estate) or the provision for services (brokers, contractors, mechanics). The false statement of fact usually involves a misstatement about the quality of the good (condition or specifications for an auto, boat, diamond, or real estate); title or ownership of the good (not owned by the seller of the good); the qualifications of the service provider (licensed or qualified to be a broker, contractor, or mechanic); or the necessity for the service to be rendered (the repairs are not needed).

Florida Fraudulent transfers occur when a debtor transfers assets or income to another party as a means to avoid paying creditors after a judgment has been obtained against the debtor. Under Florida law, transfers made during a certain time prior to the entry of a final judgment are presumed to be fraudulent and if proven to be, can be set aside by the creditor.

Finally, with the advancement of digital technology and online information, Florida identity theft claims are now on the rise. By means of securing otherwise private and confidential information from you, identity thieves are able to obtain and open credit cards and loans in your name. After the damage has been done, the creditors, stores, and merchants seek to hold you responsible for the charges made by the identity thieves.

Relief for a fraud claim or identify theft will normally require the services of a lawyer. Most persons engaging in fraudulent schemes will not acknowledge their offense nor voluntarily cure the problem without Court intervention. Certain notice requirements must be complied with before you can assert a proper fraud or civil theft claim in Court. Failure to comply with the notice requirements can doom your case before you begin. Additionally, you should immediately begin an investigation into the background and assets of the perpetrator of fraud to maximize your chances for recovery.

Miami Fraud Lawyer Benefits

Russell Law and a Florida Fraud Lawyer will assist you in making your claim for fraud. This office will file a lawsuit on your behalf for claims of fraud or civil theft. Additionally, Patrick Russell, Esq., will help you to clear your good name and credit when your identity has been hijacked and stolen. Russell Law will work closely with your creditors, banks, and credit card companies to eliminate all fraudulent charges.

September 14, 2013September 10, 2018

Florida Fraud Law

Florida Fraud Law Defined

Fraud claims are simply cases involving dishonesty and deceit. Fraud claims come in many forms and flavors. For instance, misrepresentation involves the intentional act of making a false statement of fact with the intention to induce another party to change their position (i.e. pay money or give up an article or good). Florida misrepresentation cases normally occur during the negotiation phase for the sale of goods (autos, boats, real estate) or the provision for services (brokers, contractors, mechanics). The false statement of fact usually involves a misstatement about the quality of the good condition or specifications for an auto, boat, diamond, or real estate); title or ownership of the good (not owned by the seller of the good); the qualifications of the service provider (licensed or qualified to be a broker, contractor, or mechanic); or the necessity for the service to be rendered (the repairs are not needed).

Another common form of fraud involves civil theft. Florida Civil theft is when one party intentionally deprives another party from the rightful use or possession of property. In other words, the taking of another person’s property and refusing to return that property upon proper demand.

Finally, with the advancement of digital technology and online information, Florida Identity Theft claims are now on the rise. By means of securing otherwise private and confidential information from you, identity thieves are able to obtain and open credit cards and loans in your name. After the damage has been done, the creditors, stores, and merchants seek to hold you responsible for the charges made by the identity thieves.

Florida Fraud Law Resources

Helpful legal resources for Florida Fraud Law include Fraud Law Research which contains several articles on topics involving fraud and Florida Fraud Law Statutes which contains several links to Florida laws that are relevant to fraud claims in the State of Florida.

September 14, 2013September 10, 2018

Florida Civil Theft Help

Russell Law and Patrick Russell, Esq., a Miami Fraud Lawyer can assist you with Florida Civil Theft cases. Florida Civil theft is when one party intentionally deprives another party from the rightful use or possession of property. In other words, the taking of another person’s property and refusing to return that property upon demand. Civil theft as opposed to criminal theft punishes the guilty party with money damages rather than jail time. By law, the measure of damages is three-times the value of the property that has been taken and not returned. The taking of money or failing to pay a debt when demanded is not considered civil theft. Civil theft only applies to tangible property and not debts. In order to make a claim for civil theft, you must by law send a statutory civil theft notice to the party that has taken your property. Failure to provide proper notice will prevent you from making a claim for treble damages. Should the property not be returned to you after receipt of the civil theft notice, you are then able to file a lawsuit to recover treble damages for the property that was wrongfully taken from you.

Florida Civil Theft Benefits

Russell Law can assist you with reviewing your civil theft case, preparing the proper civil theft notice and if needed, the drafting and filing of a lawsuit to collect what you are rightfully owed.