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 card company, should take when it receives a dispute. Finally, […]
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 also include language that the seller of the property is […]
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 series discussed the importance of having a written collection policy […]
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 other litigation to help settle the outstanding debt. The following […]
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 customer or employee has a grievance (possibly of a dubious […]
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 unfortunate situation in which even the most business-savvy entrepreneurs find […]
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 penalties or forfeit the right to collect on the loan. […]
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, [or] services . . . to the extent obtained by . . . false pretenses, a false representation, […]
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 a debtor’s assets in order to satisfy the indebtedness owed […]
Congratulations! The court has ruled in your favor and awarded a favorable judgment. However, there is no contact with the defendant and it’s not clear what assets are in play. Therefore, you need an effective plan on how to aggressively collect the judgement due–but without violating federal or state laws […]