Tag: florida garnishment

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

Florida Debt Collection Lawyer

Florida Debt Collection LawyerReading 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

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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 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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