Tag Archives: Creditors Rights and Commercial Collections

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

CATEGORY: Florida Business Litigation Blog Practice Areas: , ,

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

CATEGORY: Florida Business Litigation Blog Practice Areas: , , ,

“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

CATEGORY: Florida Business Litigation Blog Practice Areas: , , , ,

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

CATEGORY: Florida Business Litigation Blog Practice Areas: ,

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

CATEGORY: Florida Business Litigation Blog Practice Areas: ,

“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

CATEGORY: Florida Business Litigation Blog Practice Areas: ,

Handling Delinquent Customers: Legal Action and Collection Methods, Part I

Often times the most challenging part of operating a business is ensuring you’re getting paid for your efforts.  As a business chugs along month after month, it’s inevitable that a stack of past-due accounts receivables eventually grows.  This is an … Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: ,

Mortgage And Note Default: Avoiding Usury Allegations

Under Florida law, there are maximum interest rates that lenders may charge. Any loan with interest in excess of the specified limit is subject to either civil or criminal usury, which means that the lender may have to pay significant … Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: , ,

Are Actual Fraudulent Transfer Judgments Dischargeable In Bankruptcy?

While bankruptcy proceedings generally allow individuals an opportunity to discharge many different liabilities, there are some classes of liabilities—such as those involving fraud—that are not dischargeable in bankruptcy.  The Bankruptcy Code (“Code”) prohibits the discharge of “any debt . . . for money, property, … Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: , ,

Fraudulent Transfers 101: What You Need To Know When Following The Money Trail

The debt collection process is based upon a creditor’s right to repayment from the liquidation of a debtor’s assets.  In Florida, there are many judicial procedures available, which allow creditors to identify, seize, lien, levy and force the sale of … Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: , ,