Wetherington Hamilton, P.A.

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Wetherington Hamilton, P.A. represents creditors in retail and commercial debt collection matters throughout Florida, combining practical collection strategy with experienced commercial litigation support.

Independent_contractors

Employee or Independent Contractor: A Disaster in the Making?

At a recent business association dinner, I introduced myself to the gentleman sitting next to me. He was a retired business executive, now offering his substantial business expertise to new entrepreneurs as a SCORE[1] volunteer. When I told him I was a business lawyer, he asked me: “What is the most common legal issue for […]

The Importance of a Work Life Balance: An Attorney’s Perspective

Having been a member of the Florida Bar since 1991, and having practiced in various areas of law, I fully understand and take seriously the commitment of time and resources required in order to be an effective and successful attorney. Preparation is key if one expects to have a chance of “winning” and effectively representing […]

Satisfaction of Debt

The Doctrine of Accord and Satisfaction

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? It is always best to not accept a check for less that the full amount owed if there is any chance that it can be interpreted as being accepted as […]

buying a franchise

Buying a Franchise? Read This First.

To a middle manager in corporate America, owning one’s own business can appear very attractive. Often, buying a franchise business is a more attractive option than simply starting your own business from scratch. A franchise is a form of business that already has an established product or service in which the owner (the “franchisor”) enters into […]

Bankruptcy Preference

What is a Bankruptcy Preference and How to Defend Against One in Florida

In many circumstances, the United States Bankruptcy Code gives the bankruptcy trustee the ability to claw back payments made to creditors outside of the normal course of business during the 90 days prior to the bankruptcy filing (1 year before the filing in the case of insiders).   These claims usually come in the form of […]

Statute of Limitations

What is Statute of Limitations and Why is it Important?

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 can be brought or rights enforced. After the time period set out in the applicable statute of limitations has run, no legal action can be brought regardless of whether any […]

Suing for Payment in Florida

Suing for Payment in Florida

In the state courts of Florida, suing for payment can be done in three different jurisdictions – Small Claims, County Court, and Circuit Court. The jurisdiction for Small Claims is now for amounts not exceeding $5,000.00 for the principal balance claimed. (Note: This does not include interest, costs, and attorney’s fees.) It is also important […]

health apps

HIPAA Privacy: Is There an App for That?

Health apps are very popular in our tech savvy and health conscious society. Just Google “health apps” and you will be greeted with “The 10 Best Apps to Improve Your Health” and “The 25 Best Fitness Apps for 2016” among many other hits. Far down on the Google list, however, you might find this gem […]

alternative billing methods

Attorney Billing Methods – More Than Just the Hourly Rate

So you have a lawsuit of some kind and it is not a personal injury claim. You can’t afford an attorney or you may be able to afford an attorney, but you really don’t want to spend the money to pursue your claim. If your claim involves an action for money of any kind, for […]

Mediation

Why Mediate in Florida State Court Proceedings?

Mediation is a voluntary, confidential process whereby the parties to a lawsuit or dispute gather with their respective counsel, if any, and a mediator with the goal of resolving their issues. The process is voluntary, although it is often court-ordered. A mediator is not a judge or decision maker; rather, a mediator is a neutral […]