Over the past few years, I have seen a rising trend in consumer lawsuits alleging violations of the FCCPA relating to the residential landlord-tenant relationship. These lawsuits may also allege a violation of the Florida Residential Landlord Tenant Act (FRLTA). Oftentimes, the alleged violation is based upon a 3-day notice […]
When a debtor files for bankruptcy, a creditor may be able to seek dismissal of the bankruptcy if the petition was filed in bad faith. This article will provide an overview of the options available to a creditor if a debtor with primarily consumer debts files for Chapter 7 bankruptcy. […]
When a debtor files for bankruptcy, a creditor may be able to seek dismissal of the bankruptcy if the petition was filed in bad faith. This article will provide an overview of the options available to a creditor if a debtor with primarily business debts files for Chapter 7 bankruptcy. […]
By Brandon C. Meadows, Esq. & Ty Robare, Law Clerk Businesses regularly store the data of customers and clients, whether through transactions or regular recordkeeping practices. When businesses hold onto this data, they are obligated to protect it from falling into the hands of unauthorized parties. In the digital age, […]
By Brandon C. Meadows, Esq. & Ty Robare, Law Clerk Businesses regularly store the data of customers and clients, whether through transactions or regular recordkeeping practices. When businesses hold onto this data, they are obligated to protect it from falling into the hands of unauthorized parties. In the digital age, […]
Any secured creditor, large or small, may encounter a situation in which it is preferable to retain or recover the collateral in a transaction without having to sell the collateral itself. The purpose of this article is to make creditors aware of what is and is not possible to do […]
The Florida Consumer Collection Practices Act (FCCPA) is a pro-consumer statute. As such, businesses need to be aware of the statute and the risk and liability of the statute. We have recently seen a trend in filing lawsuits against businesses for allegedly violating Section 559.72(17) relating to emails for collecting […]
Clients and lawyers are often faced with the question of how to issue an out-of-state subpoena in Florida. The answer is the Uniform Interstate Depositions and Discovery Act. This article explains how to issue an out-of-state subpoena (commonly referred to as a foreign subpoena) in Florida. The Uniform Interstate Depositions […]
While not all incidents of theft are prosecuted in the criminal system, Florida’s civil system has two causes of action that allow a person or entity to pursue the theft of either money or personal property. These two causes of action are Conversion and Civil Theft, and while they are […]
Judgment creditors are often faced with the question of how to collect an out-of-state judgment (also commonly referred to as a foreign judgment) in Florida. Generally, when a creditor obtains a judgment in another state, and the judgment debtor is located in the State of Florida, or assets the judgment […]