Debt Collection Category

When filing a civil lawsuit in the state of Florida, initial service of process on the defendants named in the lawsuit is critical in order…

Should you or should you not accept a payment for less that the full amount owed when it is indicated to be for full payment?…

Black’s Law Dictionary defines statute of limitations as follows: “Statutes of the federal government and various states setting maximum time periods during which certain actions…

In the state courts of Florida, suing for payment can be done in three different jurisdictions – Small Claims, County Court, and Circuit Court. The…

A judgment obtained by a Florida court becomes a lien on the judgment debtor’s real property when it is properly recorded. The creditor’s primary interests…

Florida’s garnishment law contains detailed procedural requirements and specific deadlines within which a creditor, debtor and garnishee must file and serve specific pleadings and other documents. A judgment creditor must be aware and alert to these procedures in order to ensure that the creditor does not lose substantive rights, and in order to take prompt advantage of inaction by the debtor and/or garnishee.

Many creditors collecting consumer debts have heard of the Federal Law known as Fair Debt Collection Practices Act. They may be aware that its provisions do not apply to them, but to third party collectors who collect consumer debts. However, Florida has its own version of the law governing collection of consumer debts found in Florida Statute. §559.72 called the Florida Consumer Collections Practices Act.

Should I accept a payment or check from someone other than the individual or entity who owes the money? Picture this scenario, it has likely…

Often a creditor, in the attempt to collect on a judgment will find the judgment debtor has placed some or all assets into a joint bank account held with the judgment debtor’s spouse or the assets have been transferred in some way to a spouse. This may seem like a lost cause, but our recent experience has proven otherwise.