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Author: Jimerson Birr

How Long Does a Florida HOA or Condominium Association have to foreclose on a HOA/COA Lien?

January 20, 2023 Community Association Industry Legal Blog

Florida law provides that community associations may collect assessments from unit owners to cover operating and maintenance costs. If a unit owner fails to pay, the association may record the unpaid assessment as a lien against the property and eventually file for foreclosure. However, to perfect the assessment as a […]

What Exposure Does a Business Have to Attorneys’ Fees Under the FCCPA and the FDCPA?

January 17, 2023 Banking & Financial Services Industry Legal Blog, Insurance Industry Legal Blog

The Florida Consumer Collection Practices Act (FCCPA) and the Fair Debt Collection Practices Act (FDCPA) are two pro-consumer statutes.  Businesses should be aware of each statute.  Oftentimes, consumer lawyers bring claims for technical violations of the statutes, even when there are not any real damages suffered by a consumer.  When […]

What Are “Statutory Damages” Under the FCCPA and the FDCPA?

January 17, 2023 Banking & Financial Services Industry Legal Blog, Insurance Industry Legal Blog

The Florida Consumer Collection Practices Act (FCCPA) and the Fair Debt Collection Practices Act (FDCPA) are two pro-consumer statutes.  Businesses should be aware of each statute.  Oftentimes, consumer lawyers bring claims for technical violations of the statutes, even when there are not any actual damages suffered by a consumer.  When […]

What Are “Actual Damages” Under the FCCPA and the FDCPA?

January 16, 2023 Banking & Financial Services Industry Legal Blog, Insurance Industry Legal Blog

The Florida Consumer Collection Practices Act (FCCPA) and the Fair Debt Collection Practices Act (FDCPA) are two pro-consumer statutes.  Businesses should be aware of each statute and how to defend against such claims.  Many times, consumer lawyers bring claims for technical violations of the statutes, or even when there has […]

How Can a Lienholder Obtain Release of a Vehicle That Is Subject to a Tow Lien Under Section 713.78, Florida Statutes?

January 16, 2023 Banking & Financial Services Industry Legal Blog

When towing companies tow vehicles in the State of Florida, Section 713.78 provides protection to ensure they are paid for their services.  While the owner of the vehicle may not want to pay for the towing company’s services and may not want to retrieve the vehicle for whatever reason, lienholders […]

How Can a Lienholder Obtain Release of a Vehicle That Is Subject to a Lien From a Motor Vehicle Repair Shop Under Section 559.917, Florida Statutes?

January 16, 2023 Banking & Financial Services Industry Legal Blog

When motor vehicle repair shops perform repairs to a vehicle, the Florida Statutes provide protection to ensure that the repair shop is paid for the services performed.  While the owner of the vehicle may not want to pay for the services and may not want to retrieve the vehicle for […]

“Owner’s Representatives” May Not Be Required to Have a Contractor’s License, if They Follow the Rules

January 10, 2023 Construction Industry Legal Blog

In construction projects, the owner sometimes hires a person or entity to act as the owner’s representative to facilitate the project and act as the point of contact in a representative or agency capacity on the owner’s behalf.  These owner’s representatives may oversee the design and construction work, and deal […]

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