Blogs & Resources

After a party obtains a judgment in a lawsuit, it may then be left trying to collect on it. Assuming the judgment is not paid, parties will likely engage in post-judgment discovery to locate assets and/or discover fraudulent transfers. Florida Statute § 56.29 provides judgment creditors with an expeditious remedy to both discover assets which may be subject to the judgment, as well as subject those assets to a speedy proceeding in the same court where the original judgment was obtained. Regent Bank v. Woodcox, 636 So. 2d 885, 886 (Fla. 4th DCA 1994).

This Blog is Part VIII 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 VIII focuses on executing and levying on a debtor’s personal property as a method for creditors to satisfy an […]

When a person or business loans money to another person or business, it is usually the case that the creditor will require a security interest in the assets of the debtor. Often times, especially these days given the state of the economy in the past five years, the debtor will default on the loan, usually by failing to repay the funds in accordance with the terms of the agreement. Since the creditor has a security interest in debtor’s personal property, the creditor can simply walk in one day and take everything to satisfy the loan right? Not quite…

This Blog is Part VII 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 VII focuses on satisfying a creditor’s outstanding judgment balance by issuing a charging order against a debtor’s business interest.

As part of our monthly professional development, each member of our firm is required to periodically present on items germane to our multi-faceted business litigation law practice. This month Law Clerk Austin Calhoun presented on elements to claims we frequently use or defend in our day in day out practice. Attached is the hard copy of the presentation with particular reverence to the sources in which he derived the information.

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.

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.

On July 11, 2013, the Florida Supreme Court adopted the “essential services” test in determining whether the implied warranty of fitness and merchantability applies to improvements such as infrastructure, drainage systems, retention ponds, and underground pipes. Maronda Homes, Inc. of Florida v. Lakeview Reserve Homeowners Association, Inc., 38 Fla. L. Weekly S 573. In deciding the case, the Florida Supreme Court resolved a split of authority between two Florida appellate courts, and addressed a recently-adopted Florida statute dealing with such improvements. Compare Port Sewall Harbor & Tennis Club Owners Association, Inc. v. First Federal Savings & Loan Association of Martin County, 463 So. 2d 530 (Fla. 4th DCA 1985) with Lakeview Reserve Homeowners v. Maronda Homes, Inc., 48 So. 3d 902 (Fla. 5th DCA 2010); § 553.835, Fla. Stat. While the Court’s ruling is subject to rehearing motion (and, therefore, not yet final), it is an important holding that could significantly affect Florida’s construction and design industry.

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 the face of wage claims under section 448.110, Florida Statutes, the existence of an independent contractor agreement not always dispositive in classifying an individual as an independent contractor or an employee for the purpose of a wage dispute. Courts consider a number of factors when deciding whether an individual qualifies as either an employee or independent contractor under section 448.110, and the existence of an independent contractor agreement is not dispositive, nor given much weight, in this decision.