News - Wetherington Hamilton, P.A.

Perfecting a Judgment Lien

January 29, 2016/in Articles, Debt Collection/by Ted Hamilton

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 in perfecting the judgment as a lien on a debtor’s property are two-fold: (1) first and foremost, strict technical compliance with applicable rules and statutes; (2) to move as quickly […]

HIPAA Enforcement – Small Physician Groups Are Not Immune

January 25, 2016/in Articles, General/by Ted Hamilton

Small medical practices who think they don’t need to worry about HIPAA privacy and security compliance had better think again. In December 2013, Adult & Pediatric Dermatology, a 12-physician group in Massachusetts, agreed to pay $150,000 to US Health & Human Services for alleged violations of the HIPAA Privacy, Security, and Breach Notification Rules arising […]

Do You Really Want to Hire an Aggressive Lawyer?

October 16, 2015/in Articles, General, Litigation/by Ted Hamilton

If you live in Tampa, you no doubt have seen the billboards for the personal injury law firm touting themselves as the “Aggressive Law Firm”. I have wondered what this means for a lawyer to be aggressive. Does it mean that the lawyer throws coffee on opposing counsel?

Succession Planning for Small and Mid-Sized Businesses

October 9, 2015/in Articles, General/by Ted Hamilton

There are several ways for a business owner to exit his or her business: internal succession, outside succession, sell the business, or simply close the business and dissolve. This article will provide a brief overview of these options and will conclude with a checklist of steps to take and issues to consider when planning for the succession of your business.

Enforcing a Judgment Through Garnishment

September 11, 2015/in Articles, Debt Collection/by Ted Hamilton

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.

Our view on the Disbarment Recommendation by Judge Baird of Attorneys Adams, Diaco and Filthaut

August 30, 2015/in Articles, General/by Ted Hamilton

Many of you who are local to the Tampa Bay area may be following the story of three local attorneys, Adams, Diaco and Filthaut who were just recommended for permanent disbarment by Pinellas County Circuit Judge Baird. These three attorneys represented Bubba the Love Sponge in a case again Todd “MJ” Schnitt during a 2013 defamation trial against Bubba by Clem.

Starting Your Business – Which Corporate Form Should You Use?

August 5, 2015/in Articles, General/by Ted Hamilton

What are the Differences Between an LLC and the S Corp or C-Corp? For those of you that have ever thought about using a corporation when starting your business, including owning rental property, the first question that comes to mind is whether to form an LLC or a Corporation. To begin with, you should […]

Florida Consumer Collections Practices Act

June 19, 2015/in Articles, Debt Collection/by Ted Hamilton

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.

SHOW ME THE MONEY – The Cost of Fraudulent Transfers

May 8, 2015/in Articles, Debt Collection/by Ted Hamilton

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 happened to most of us. Someone owes you money for some reason, be it rent, paying a bill, paying back a note or any number of other reasons. When you […]

The Medicaid Myth

May 1, 2015/in Articles, General/by Ted Hamilton

“Will they take my house?” That is the single biggest question we hear from clients in regard to Medicaid. Medicaid is a state and federal combined program that allows qualifying individuals access to skilled nursing care, or long term care, in a nursing home facility. In order to qualify for this type of Medicaid coverage in Florida, an individual must first qualify medically, meaning they must need substantial assistance with their activities of daily living and a nursing home is the most appropriate placement for such care.