James Birr were both featured in the fall publication of the University of North Florida Journal.
Blogs & Resources
Jimerson Birr, P.A. offers clients a customer-focused and cost-effective alternative to larger business law firms.
James Birr were both featured in the fall publication of the University of North Florida Journal.
This Blog is Part VI in a series of Blogs designed to provide business owners with a high-level overview of the legal process for collecting on past-due accounts receivables. Specifically, Part VI focuses on garnishing a debtor’s employer for a portion of the debtor’s salary or wages in order to satisfy the outstanding judgment debt.
Featured in the July 2013 Issue Partner’s Perspective J&C Named of the Fastest-Growing Companies in Jacksonville New Law Blogs Curiosities, Ruminations and Various Eccentricities of Firm Biz Click to read.
This Blog is Part V in a series of Blogs designed to provide business owners with a high-level overview of the legal process for collecting on past-due accounts receivables. Specifically, Part V focuses on garnishing a debtor’s bank accounts in order to satisfy the outstanding judgment debt.
It is common knowledge that when a company or individual files for bankruptcy, all collection activity stops. What is commonly not known is that condominium assessments are, in a manner of speaking, exempt from that rule. The fact is, all collection activity does not have to stop and you can still recover assessments that come due after the bankruptcy action is filed. Let’s read on to see exactly how all this works.
Jimerson Birr, P.A. was named one of Jacksonville’s Fastest-Growing Companies of 2013 by the Jacksonville Business Journal.
This Blog is Part IV in a series of Blogs designed to provide business owners with a high-level overview of the legal process for collecting on past-due accounts receivables. Specifically, Part IV focuses on various methods of post-judgment discovery that a creditor can use for locating assets of the debtor to satisfy the judgment.
In 2009, the Florida Legislature changed an existing law that was aimed to encourage “Florida-Friendly” landscaping in communities governed by homeowner associations. Under the State Water Resource Plan each water management district is required to design and implement an incentive program to encourage all local governments to adopt new ordinances requiring Florida-Friendly landscaping.
Section 718.121(4), Florida Statutes, requires a condo association to provide a delinquent condo owner with a Notice of Intent to File a Lien, along with a thirty-day notice, prior to filing a Claim of Lien. Section 718.121(4) was added to the Florida Statutes in July 2008, becoming effective at that time. Since that section was added, there has been no case law involving a violation of that specific section of the statute. However, there are statutory protections that a condo owner has, and there is case law regarding the consequences for a lienor for not following the proper procedures for filing a Claim of Lien. In sum, if the statutory lien process is not followed strictly, the lien will be invalidated. Practically, if a required thirty day notice is not provided prior to filing the condominium assessment claim of lien, the condominium owner can file a “Notice of Contest of Lien” pursuant to Section 718.116(5)(c), Florida Statutes, to have the lien invalidated. If the lien is invalidated, the Condominium Association must start the process anew.
When a Purchase Money Security Interest (PMSI) trumps an existing UCC-1 blanket asset lien depends upon whether the creditor perfected its PMSI during the required time period under Florida law in order to receive priority status over previously recorded blanket liens. Under Florida law, that priority period is within twenty days of the collateral being delivered to the debtor. Fla. Stat. § 679.324(1) (2012). If the creditor fails to perfect its PMSI during the statutorily provided period, it cannot gain priority status over another creditor’s previously perfected blanket security interest. In re Alphatech Systems, Inc., 317 F.3d 1267, 1269 (11th Cir. 2003). This Blog post seeks to analyze those circumstances where a lender seeks to prime an existing UCC-1 with their PMSI.