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 […]
Banks and credit unions should not only routinely require, but also closely scrutinize, criminal background checks during the hiring process in order to maintain compliance with applicable regulatory schemes. As lenders and depositories, banks and credit unions are subject to numerous regulatory schemes under both federal and Florida law. This […]
Trusts are a common estate planning vehicle, in which property is held in a trust and administered by the trustee for the benefit of the beneficiaries of the trust. See Miller v. Kresser, 34 So. 3d 172 (Fla. 4th DCA 2010). The Florida Trust Code defines a trust beneficiary as […]
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 […]
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 […]
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 […]
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 […]
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 […]
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. Given the pro-consumer nature of the statute, one big consideration for defending against FCCPA claims is how to shift risk to […]