Isn’t tax season a wonderful time for creditors seeking to collect on a judgment? A time when all that money flowing from the federal government to debtors could go straight into your pocket. Or can it? Can you garnish the Internal Revenue Service (“IRS”) in order to take that refund check before the debtor gets a hold of it and the money disappears?
Nothing in life is free, and that applies to living in a nice neighborhood as well. Whether it is a neighborhood of condominiums or single family homes, the cost of maintenance and upkeep often falls to those living within that community. And when an association is delegated the duty of maintaining the neighborhood, that association will charge its residents a periodic assessment, which is due usually monthly or quarterly. Such associations function best when all property owners contribute by making timely assessment payments.
Jimerson Birr, P.A. was mentioned in a Jacksonville Business Journal article on a one-of-a-kind competition that measures a company’s social media engagement.
Chapter 489, Florida Statutes, regulates the “construction industry” in Florida “in the interest of the public health, safety, and welfare.” § 489.101, Fla. Stat.. The statute addressing the enforceability of a construction contract with an unlicensed contractor provides in pertinent part: “As a matter of public policy, contracts entered into […]
By: Austin B. Calhoun J.D. 2013
In Jacksonville, Florida, do you have the right to cut down trees on your own property at will? You might be surprised to learn the answer is “no.” Having recognized the vital role trees play in our ecosystem, Jacksonville, Florida has enacted tree removal laws to protect against the over-destruction of trees. In sum, these laws require a permit to remove “protected” trees, require mitigation for removed trees, and empower the city to enforce civil fines and criminal punishment for violation.
Once a judgment is entered, there are numerous methods that can be utilized to collect on the judgment, including garnishment and levying on real and personal property. But how do you know what is out there to levy against or garnish? The best method for locating assets is often times the simplest – just ask.
Rule 1.560, Florida Rules of Civil Procedure, allows for the use of a deposition as a proper discovery tool post judgment. Utilizing a deposition in aid of execution to ascertain the necessary information to garnish wages or levy on real property may seem simple. However, numerous considerations must be taken into account before making the decision to depose a judgment debtor. Below is a list of items to consider before, during and after taking a deposition in aid of execution.
Featured in the December 2013 Issue Partner’s Perspective J&C Shareholder Featured in Realty/Builder Connection J&C Shareholder Named to Florida Legal Elite New Law Blogs Curiosities, Ruminations and Various Eccentricities of Firm Biz Click to read.
Operating under Florida’s Construction Lien Law can leave some contractors feeling as if they are negotiating the proverbial “minefield” of the Florida Statutes. One reoccurring question (whether in residential or commercial construction) I routinely address is, “How many construction liens must I record”. That depends on whether you have one or more contracts and are dealing with one or more owners.
Florida’s Department of Business and Professional Regulation (“DBPR”) is the state agency in charge of licensing and regulating businesses and professionals within Florida. The DBPR is under the control of the executive branch of government and governed by the Administrative Procedure Act, found in Chapter 120 of The Florida Statutes. The DBPR breaks down its regulation into businesses and professions.
With the construction industry working again, construction companies are continuing to look for alternative and non-conventional methods of advertising their services in order to secure projects. Advertising can make the difference between an outstanding business year and “keeping the lights on”. Florida contractors have many new ways of promoting their […]