Tag Archives: Creditors Rights and Commercial Collections

Three Contract Provisions A Small Business Cannot Live Without-From A Litigator’s Perspective, Part 4: Contractual Provisions (Prejudgment and Postjudgment Interest)

Every small business contract should include a provision that states that the business is entitled to recover the maximum rate of interest permitted by law both prejudgment and postjudgment.  Many contracts provide for the recovery of interest, but very few … Read Full Post

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Three Contract Provisions A Small Business Cannot Live Without – From A Litigator’s Perspective: Attorneys’ Fees Provisions

Including an attorneys’ fees provision in a small business contract is vital when a small business wants to sue to enforce its contract.  Without an attorneys’ fees provision, a lawsuit may become cost prohibitive for a small business. Part 1 … Read Full Post

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Why An Exclusive Venue Provision (Forum Selection Clause) Is Vital For Small Business Contracts In Florida

An exclusive venue provision, or commonly referred to as a forum selection clause, is an integral part of every small business contract.  Including an exclusive venue provision in a small business contract is extremely important for a small business that … Read Full Post

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Three Vital Small Business Contract Provisions That You Cannot Live Without – From a Florida Litigator’s Perspective

A large part of my practice involves litigating contract disputes on behalf of small businesses.  I frequently receive inquiries from small businesses that are looking to enforce their contracts.  More times than not, the small business has a poorly drafted … Read Full Post

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Florida’s Banking Statutes of Frauds § 687.0304 Weeds Out Borrower Claims Based On Oral Agreements

Florida’s Banking Statutes of Frauds was enacted in order to curb a 1980s trend of increasing lender liability lawsuits. The enactment of this statute makes it difficult for plaintiffs to maintain tort-based claims that might otherwise flow from the written … Read Full Post

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The Fair Credit Reporting Act

This article provides a high level overview of the The Fair Credit Reporting Act, including its statutory authority and the goals of the Act.  The article examines what steps a furnisher of information, like a bank, credit union, or credit … Read Full Post

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“As Is” And NO Warranty Provisions In Contracts: Are They Always Enforceable?

Whether purchasing a business, a piece of real property, or even a car, there is likely a lengthy contract that goes along with that purchase.  Many of those contracts contain “as-is” or “no warranty” provisions.  These types of provisions may … Read Full Post

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Handling Delinquent Customers: Legal Action And Collection Methods, Part II

Often times the most challenging part of operating a business is ensuring you’re getting paid for your efforts.  This involves the effective and efficient handling of delinquent customers, including formal legal action and collection methods.  Part I of this blog … Read Full Post

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3 Main Considerations When Obtaining Assignments Of Lawsuits Or Judgments As A Judgment Collection Tool

Obtaining a judgment is only half the battle.  The victorious party still needs to collect on that judgment.  When garnishing bank accounts doesn’t work and assets aren’t readily available to seize, clever creditors attorneys have obtained the debtor’s interest in … Read Full Post

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“Small” Claim Doesn’t Mean An Unimportant Claim

Many business owners have likely heard of small claims court, but are thankfully unfamiliar with it.  I say “thankfully” because the usual way a business owner experiences small claims court is over an outstanding account receivable, or because a disgruntled … Read Full Post

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