Tag: Florida debt collection lawyer

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Weekly Review for Florida Insurance Law for Monday, April 7, 2014

Florida Insurance Law Updates

Florida Insurance Law UpdatesHere are some recent articles of interest that I found this week for the insurance industry, Florida insurance law, Florida insurance claims, and Florida insurance trends. Enjoy!

Flood insurance bill is now signed into law:
On March 21, 2014, President Obama signed the Homeowner Flood Insurance Affordability Act of 2014 into law. This law repeals and modifies certain provisions of the Biggert-Waters Flood Insurance Reform Act, which was enacted in 2012. FEMA looks forward to working with Congress, the private Write Your Own Insurance Companies, and other stakeholders to implement these Congressionally-mandated reforms and to working toward our shared goals of helping families maintain affordable flood insurance, ensuring the financial stability of the NFIP and reducing the risks and consequences of flooding nationwide. FEMA will continue to identify and publish special flood hazards and flood risk zones as authorized and required by Congress. Read more here…

Florida Supreme Court Throws Out Medical Damages Caps Law:
The Florida Supreme Court has ruled that the state’s caps on noneconomic damages in medical malpractice wrongful death cases violate the state Constitution’s equal protection clause. The 5-2 opinion held that the way the caps reduce damages “is not only arbitrary, but irrational” and it “offends the fundamental notion of equal justice under the law.” Read more here… 

When Do I Need a Lawyer for My Florida Insurance Claim?
Sadly, it is not a question of whether you will need a lawyer for your insurance claim but rather when you need a lawyer for your insurance claim. Insurance companies have made it a routine practice to deny insurance claims. Insurance claims are denied because it is profitable to do so. Every penny not paid for an insurance claim is a penny earned for the insurance company. Read more here… 

Florida Home Foreclosure Rate Falls But Still Triple National Average
The residential foreclosure rate in Florida, which has the highest percentage of delinquent mortgages in the U.S., declined to 6.2 percent in January, according to a report by CoreLogic Inc. That’s down from 10.1 percent from a year earlier. Florida’s rate was triple the national average of 2 percent, according to the report by Irvine, California-based mortgage data and software company. Florida led the nation with 116,000 foreclosures completed in the 12 months through January, the company said in a separate report in February. Read more here… 

Florida Homeowners Insurance ‘Bill of Rights’ Slowed by Fraud Measure
Florida’s chief financial officer went to the Legislature this spring with a simple request: grant additional protections to customers dealing with property insurance companies. But the push by Jeff Atwater is in serious jeopardy. That’s because insurers, such as State Farm Florida, are only willing to accept the added protections if they come with other changes that could help keep their costs down. Read more here… 

Added two more case histories for actual results obtained:
There are two components for evaluating a lawyer and lawfirm.  First, how did the lawyer and lawfirm go about its business and treat its clients? That information for Russell Law can be found in “Testimonials”.  Secondly, what results did the lawyer and lawfirm achieve for its clients? Read more here… 

 

Thank you for reading (and sharing).

Stay tuned for next week’s weekly review for Florida Insurance Law!

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Weekly Review for Law Practice Tips for Friday, April 4, 2014

Weekly Review for Law Practice Tips for April 4, 2014

Weekly Review for Law Practice Tips for April 4, 2014Here are some recent articles of interest that I found this week related to law practice management, law technology, and legal marketing. Enjoy!

How to Increase Focus and Productivity with Mindfulness

So, what exactly is mindfulness and why should lawyers care? The simple answer is that practicing mindfulness will help you be a happier human being and a better lawyer. Read more here… ow.ly/uwTHl

Finding Happiness As A Lawyer: Three Pillars And A Box Of Crayons

Ever wonder what the secret to happiness is? Landing a Biglaw job? Making partner? Saving your innocent cousin from wrongful conviction for a convenience store robbery in the small town south? Whether you’re a currently-miserable attorney who’s pinning her hopes for happiness on eventual career success, or a veteran attorney who could stand to be a bit more happy, I have both bad and good news for you. The bad news: you may have to look beyond the bounds of your career for the additional keys to lasting happiness. The good news: doing so is easy! But how could this be, you ask? Read more here… ow.ly/uwSIT

Why Less Effort Is Far Better for Your Career
This may sound odd at first, but I’d like to suggest you manage your career in such a manner that you avoid wasting a single drop of energy. To be clear, I’m not suggesting you use less energy, only that you stop wasting energy. Read more here…http://ow.ly/v0vhR

Why not disaster-proof your law firm today?
According the American Bar Association’s 2013 Legal Technology Survey results, 58 percent of lawyers surveyed cited security concerns as the top reason that prevented them from using cloud computing in their law practices.
The problem is, the current file storage arrangement and IT set up of most law firms is anything but secure. Case in point — a Pennsylvania law office that literally went up in smoke last month, when the building in which their firm was located was destroyed in a fire. Read more here.. http://ow.ly/v0tyY

Are New Domains an Opportunity for Law Firms?
With so many new gTLDs (“generic Top Level Domains”) coming online this year, I thought it might be worth exploring their value and potential use in law firm marketing. Read more here… http://ow.ly/v0snB

How smart trial lawyers start and finish their presentations with bookends and why you should too!
At the end of the presentation of my evidence (sometimes several weeks later) I make sure the bookend I finish up with, the one on the right, is the person who I feel will make the greatest emotional impact with the jury.

The formula to persuading 12 complete strangers is multi-layered and complicated. But at the top of my success list is making sure I always start and finish with the correct left and right bookends.Read more here.. http://ow.ly/v0rjX

Persuasive Litigator: Know How to Address a “Cold Bench”
If a “hot bench” is one that involves a judge actively participating in oral argument with questions and responses, then a “cold bench” must be one in which the judge just sits silently and watches. By that standard, there is no better exemplar of the cold bench than U.S. Supreme Court Justice Clarence Thomas. Read more here…http://ow.ly/v0qmk

MyCase Enhances Mobile Offering with Launch of Android App
MyCase, Web-based legal practice management software, today introduces a new application for Android mobile devices. MyCase became the first legal practice management software to offer a mobile solution in April 2013, with the launch of its IOS app. This latest release on Android further enhances MyCase’s solution set, offering more attorneys access to all aspects of the software’s comprehensive services at their fingertips. Read more here… http://ow.ly/vmuHI

Thanks for reading and sharing. Stay tuned for next week’s review for Law Practice Tips!

Photo credit: http://abovethelaw.com/

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Weekly Review for U.S. Veterans for Monday, March 31, 2014

Weekly Review for Veterans March 31, 2014

Weekly Review for Veterans March 31, 2014Here are some recent articles of interest that I found this week for U.S. Veterans, Veterans assistance programs, Veterans jobs, Veterans counseling, Veterans recognition, Veterans oral history, Veterans museums, military history and World War 2.

Veteran’s group names suicide prevention top 2014 priority; extending PTSD care also high on list.

Broad action is needed from Congress and President Barack Obama to combat the growing problem of veteran’s suicide, a group representing veterans of recent wars declared Monday on Capitol Hill. Read more here…ow.ly/uWq4l

Discounted Florida Legal Services for Veterans
Russell Law starts initiative to provide discounted legal services to Veterans and Active Duty Military Service Members
I am proud of my Country and what it stands for. And I am eternally grateful to all U.S. Veterans, past and present, for their sacrifice in defending our freedom. That being said, it is our civic duty as citizens to help those same Veterans and active duty military service members when they need it most. Read more here…ow.ly/v0fXW.

Soldiers in Poland pay tribute to World War Two in Poland. May history never repeat itself.

pic.twitter.com/f5n3hd1BWc

 

Enjoy and stay tuned for next week’s review for U.S. Veterans.

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Weekly Review for Florida Insurance Law for Friday, March 28, 2014

Insurance law

Insurance lawHere are some recent articles of interest that I found this week for the insurance industry, Florida insurance law, Florida insurance claims, and Florida insurance trends.  Enjoy!

Florida Senate OKs Ban on Insurance Underwriting Based on Gun Ownership

The Senate passed a bill that would make it illegal for insurance companies to deny policies or charge higher rates solely based on gun ownership. The bill passed on a 36-3 vote. Read more here… http://ow.ly/uMUZT

Florida May Have Private Flood Insurance Market

Homeowners in Florida are facing rising flood insurance rates that could threaten their financial stability, but state lawmakers may be able to provide some relief through new legislation. The legislation would create a competitive, private insurance market throughout the state. This would take flood insurance out of the jurisdiction of the federal government, allowing private insurers in Florida to provide this coverage to homeowners. State lawmakers believe that this will be beneficial to consumers as the National Flood Insurance Program may no longer be able to provide the coverage that homeowners need. Read more here… http://ow.ly/uMUWL

Florida’s Citizens Reaches Sinkhole Settlement

Florida’s state-backed property insurer said it has reached an agreement with more than 300 policyholders with sinkhole claims that officials say could save the insurer $30 million in legal fees. Read more here… http://ow.ly/uKvAt

Florida Legislature Seeks to Entice Private Insurers to Sell Flood Policies

The Florida Legislature is moving forward on a plan to entice private insurance companies to sell flood policies in the state that’s the most vulnerable to storm surge.

It’s not clear, though, that many private insurers will want to assume the risks of flooding and join two companies already writing certain flood policies in the state.  Read more here…ow.ly/uWHX5

Thanks for reading and sharing.  Stay tuned for next week’s review for Florida Insurance Law!

Photo credit: www.regblog.org

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Why and How do I Record a Florida Judgment?

Recording a Florida Final Judgment

Recording a Florida Final JudgmentReading this article will teach you why you must record a Florida Judgment and the steps for recording the final judgment

This is the second article in a series of articles I have put together on how to enforce and collect on a Florida final judgment. The first article “How Do I Collect on a Florida Judgment” introduced the preliminary steps that must be taken after obtaining a final judgment. The lesson from the first article was that final judgments do not collect themselves. Successful collection of final judgments requires one to act fast and to do several things simultaneously. Recording the final judgment is one thing you should do right away.

Recording the Final Judgment

Why should you record your final judgment? Recording the final judgment is the only way to announce to the world that you have a judgment against the debtor. Recording the final judgment is the only way to obtain a lien against any real property that the judgment debtor owns in the county where the judgment is recorded. Having a final judgment does not act as an automatic lien against the real property of the judgment debtor.

The Court or Clerks will not record your final judgment for you. This is a separate process you must do on your own. At a minimum, record the final judgment in the county where the judgment debtor resides or does business. If the judgment debtor has property in several counties, record your final judgment in each of those counties. You are urged to record your final judgment as soon as possible since the first to record will have priority in collecting over those that record final judgments afterwards.

How to record a final judgment

To act as a lien against real property, the final judgment must contain certain basic information. If that information is missing, the final judgment will not act as a lien upon the real property of the judgment debtor. The final judgment should therefore be properly prepared and contain all required information before signed by the Judge. A Judge will not tell you how to prepare a final judgment. If there is any doubt, please obtain the assistance of a Florida lawyer for help with your case before proceeding.

Assuming you have a properly prepared final judgment, the method for recording is fairly straight forward. You will need to obtain a certified copy of the final judgment from the Clerk of Courts and then record it in the public records and pay the appropriate fee for the same. After recording, the Clerk of Court will return a copy of your recorded final judgment to you with a stamp that indicates the date the final judgment was recorded and the exact book and page number where it can be found in the public records.

The Effect of Recording a Final Judgment

Credit bureaus and title companies routinely check county public records for recorded final judgments to determine if there are any outstanding liens or judgments against persons or companies. A final judgment will serve as a red flag and black mark upon the judgment debtor. This will affect the judgment debtor’s ability to obtain credit or to buy and sell real estate. Catching the judgment debtor during these crucial times will often motivate the debtor to pay you. This is precisely why it is so important to take that first step and to record your final judgment in proper form in the county public records.

Related Topics: Florida judgment enforcement; Miami debt collection lawyer; Florida collection law; Florida final judgments

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How do I collect on a Florida Judgment?

Florida Judgment Enforcement

Florida Judgment Enforcement

Reading this article will teach you what options you have to collect on a Florida Final Judgment 

As a Miami debt collection lawyer, I get this question all the time.  You went after the bad guys in Court and won.  A Florida judgment is now in hand.  What do you do with this piece of paper?  How do you get paid?  This introductory article and the first in a series of articles for how to collect a Florida judgment will give you an overview for the options available to you. 

What is a Florida Final Judgment?

A final judgment is a finding from the Court as a matter of law that you are owed compensation from another party for your legal claim.  The final judgment will itemize the amount owed and from whom it is owed.  Until paid, a final judgment will accrue interest at a rate established by law.  A final judgment does not on its own force the liable party to pay you.  The final judgment does not instruct you how to collect.  The Court, the Judge and the Clerks cannot and will not give you legal advice for Florida judgment enforcement.   

Enforcement of Florida Final Judgments

A Florida judgment may be enforced against the personal property or real property of the judgment debtor.  Personal property includes monies in bank accounts; wages for employment; and any material possessions that the judgment debtor owns such as automobiles, collectibles, electronics, furniture, household goods, supplies, tools and other vehicles.  Real property includes condominiums, homes and vacant land.  There are different legal processes to follow depending upon how you intend to enforce the final judgment.  No matter how you intend to enforce the final judgment, there are two steps you should take as soon as possible after getting the final judgment. 

Record the Final Judgment

Every final judgment should be recorded separately in the county public records.  Recording the final judgment in the public records is something that you need to do on your own as it is not done automatically by the Court.  Recording the final judgment in the public records protects your lien rights as to any real property that the judgment debtor may own in the county.  You are urged to record the final judgment in every county in which the debtor owns real property or resides.   

File a Florida Judgment Lien

While recording your final judgment, you will also want to file a Florida Judgment Lien with the Florida Department of State.  Filing a Florida Judgment Lien protects your lien interests as to the personal property of the judgment debtor.  The first to file is first in priority when collecting upon the assets.  For these reasons, a Florida Judgment Lien should be filed as soon as possible.   

Florida Garnishment

Garnishment is the process in which monies from the judgment debtor are seized and set aside to pay an unpaid final judgment.  Through the Court, you can request a Writ of Garnishment be served on entities or people believed to owe the judgment debtor monies.  Typically, a Writ of Garnishment is served on a financial institution to which the judgment debtor has accounts.  Additionally you can request a Continuing Writ of Garnishment to be that would be served on entities or people that employ the judgment debtor.  While a Writ of Garnishment is a one-time event, a Continuing Writ of Garnishment requires that an employer set aside certain funds from the judgment debtor’s wages so long as he or she remains employed.   

Florida Levy

Levy is the process in which the personal assets of the judgment debtor are seized by a Sheriff.  When a Sheriff seizes the personal assets they are set aside to be sold at an auction to pay an unpaid final judgment.  You do not get to seize and keep the Ferrari.  Examples of personal assets sold at an auction include automobiles, collectibles, equipment, and furniture.   

Act Fast

The lesson here is if you want to get paid you had better act fast and employ a multi-faceted plan of attack.  Getting the final judgment is often the easy part. You made it this far, there is no need quit at this stage.  Remember, the early bird gets the worm and the squeaky wheel gets the grease.  When in doubt, you are urged to seek the assistance of a qualified Florida lawyer to help you collect your final judgment.  Stay tuned for upcoming articles that will be dedicated to each of the stages for the Florida judgment enforcement process.
Related Topics: Florida judgment collection; Florida debt collection lawyer; Recording Florida Judgment; Florida Judgment Liens; Florida Garnishment; Florida Levy
 
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Florida Worthless Checks

Florida Worthless Checks Help

Russell Law and Patrick Russell, Esq. , a Florida debt collection lawyer are available to assist you with your Florida worthless check case.  In Florida, the passing of a worthless check is a criminal offense that also can be pursued as a civil action. To deliver a check to a third party without sufficient funds to cover the value of the check or stopping payment on the check is a clear violation of the worthless check laws. Not knowing that there were not sufficient funds to cover the check is not a defense. The passing of the check itself is the requisite intent that the check be honored.

Florida Worthless Checks Benefits

Relief may be sought from the Assistant State Attorney to file criminal charges against a person that passes a bad check. In addition, an aggrieved party may file a civil action to recover the funds owed under the worthless check. This is where Russell Law can help you. In civil court, there is a strong penalty for a violation of the worthless check laws. If a party fails to make the check good, that party could be held liable for up to three times the value of the check plus the original amount owed under the check. In order to start the case, this office must send a statutory worthless check notice before a lawsuit is filed. If the party fails to pay after receipt of the worthless check notice, a lawsuit can be immediately filed. Most often these claims result in an immediate payment without the need for filing a complaint because no reasonable person should want to pay four times the value of a check. In the event that a lawsuit is necessary, Patrick Russell, Esq. a Miami debt collection attorney, can file that lawsuit and pursue a final judgment for you.

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Florida Monies Owed

Florida Monies Owed Help

Russell Law and Patrick Russell, Esq. , a Florida Debt Collection Attorney are available to assist you with your Florida collection case. Monies may be owed to you because of a loan, for the sale of goods, or for the provision of services. When monies are owed to you and payment is refused, you should seek the services of a lawyer to protect your interests. Collection efforts should be undertaken as soon as possible because if you should fail to act in a timely manner, you may be forever barred from collecting what is owed to you by law. Additionally, it is a statistical fact that persons who start collection actions sooner have a higher chance of collecting what is owed to them. To assist in your collection case, you should gather together all written documents that support your claim including any contracts, letters or emails to or from the debtor, invoices, shipping receipts, payment history and/or any accounting records. Copies of all your documents should be made and provided to your lawyer.

Florida Monies Owed Benefits

There are many advantages to using a law firm to collect your debt rather than a collection agency. First, collection agencies are limited by law in what they can do. Collection agencies cannot provide you with legal advice nor can they file a lawsuit on your behalf. Normally, all collection agencies will do is to send several demand letters, make a telephone call, and if there is no response, they will close their file. Unlike a collection agency, Russell Law can and will file a lawsuit on your behalf if proper payment is not received. In our firm, your collection matter will be handled as an individual case and not on a volume basis like those at a collection agency. As part of our normal operating procedures, you will receive detailed updates and status reports on your case.  We will provide you with assistance for the pursuit of all of your legal remedies, including recording liens, pursuing a levy on personal property or seeking garnishment of wages and bank accounts. When possible, Russell Law and a Florida debt collection lawyer will seek the recovery of all of your attorney’s fees and costs from the debtor. Finally, our office can review your contract, transaction documentation, credit procedures, and billing methods to reduce your collection problems in the future.

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Florida Debt Collection

Florida Debt Collection Defined

Proceeding with Debt Collection

Debt collection is defined as the attempt by one party to collect the debt of another party.  Debt collectors include the persons engaging in debt collection activities, their employers, and in some instances lawyers who also attempt to collect a debt.  Debt collection ordinarily includes telephone collection calls and the mailing of collection letters.  If you need assistance in collecting a debt owed to you, feel free to contact Russell Law for the help you need.  Patrick Russell, Esq. , a Florida Debt Collection Lawyer can assist you with your debt collection cases for monies owed, past due contract payments,  unpaid loans, worthless checks or the collection of a Florida Judgment awarded to you.  We will assess your case and plan a strategy to collect the monies that are owed to you.  Demand letters can be sent or your behalf or if your prefer, a lawsuit may be filed first to speed up your claim.  If possible, Russell Law can attempt to work out an agreement with the debtor to get you paid under terms and conditions that you approve.  Otherwise, we will pursue a judgment on your behalf and if awarded, attempt to collect the same from the debtor.  Final judgment collection will require an investigation of the debtor’s assets to identify ways in which you can be paid.  Options include levy upon personal assets or real property or garnishment of bank accounts or wages from an employer.

Debt Collection Response

If you are on the other side of a debt collection attempt, you are protected by the Fair Debt  Collection Practices Act (“FDCPA”).  The FDCPA is a Federal law and the Florida equivalent, set forth proper methods and manners for a debt collector to engage in collection activities.  Generally, all debt collection attempts must include a warning and disclaimer that the action is an attempt to collect a debt.  Further, this warning and disclaimer must provide you with an opportunity to dispute the debt and obtain written verification of the debt.  The laws regulating debt collectors requires that no attempt to collect a debt shall be misleading.  As such, collectors are prohibited from demanding the wrong amount or interest and fees that they know that the creditor is not entitled to.  Likewise, debt collectors cannot threaten to take action that they cannot legally take (i.e. “have you arrested”, “throw you in debtor’s prison”).  Finally, debt collectors are prohibited from harassing you in order to collect a debt.  Harassment includes calling you early in the morning, late at night, repeatedly at all hours even after you have demanded that they stop, or calling your employer to state that you are a deadbeat.  The foregoing prohibited actions are just a small sampling of the many prohibitions in FDCPA.  A violation of the FDCPA allows a debtor to file a lawsuit against the debt collector for actual damages incurred on account of the violation and to recover all attorney’s fees and costs for bringing such a claim.  Should you feel that your rights have been violated by an improper debt collection method, please feel free to contract Russell Law for a consultation.  Similarly, if you need assistance in responding to a debt collection attempt, Patrick Russell, Esq., a Miami Debt Collection Lawyer can stop the collection calls and letters to you, and work with the debt collector directly to resolve the claim on your behalf.

Florida Debt Collection Resources

Helpful legal resources for Florida Debt Collection include Florida Debt Collection Statutes for links to relevant Florida laws dealing with debt collection in the State of Florida.

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