Creditors Rights and Commercial Collections

Our creditor’s rights practice generally includes providing assistance and legal services in the area of collecting debts, including work-out arrangements, judgment and post-judgment enforcement actions, real estate foreclosures, Uniform Commercial Code dispositions and similar proceedings. In the arena of creditor rights, Jimerson Birr understands and appreciates that securing a judgment is typically the first and often simplest of the steps necessary in providing the client with a solution. In furtherance of the firm’s dedication to providing quality services and achieving solutions that meet client needs, Jimerson Birr is experienced with the most complex post-judgment collection processes, including writs of execution, garnishment and other enforcement mechanisms, court actions designed to enforce judgments against debtor assets, and matters involving fraudulent conveyances and transfers or preferences.

Jimerson Birr represents all creditors, including banks, community and homeowners associations, secured and unsecured creditors, and business professionals. Examples of the collection, litigation, and enforcement matters we regularly handle are the following:

  • Bank loans secured by inventory, accounts receivable, motor vehicles, equipment, goods, real estate, or investment securities
  • Enforcement of a personal guaranty or pledge
  • Open accounts for inventory sales based on credit transactions
  • Breached contracts for supply of materials or provision of services
  • Unsecured loans and private financing agreements

The skilled legal professionals at Jimerson Birr work closely with clients to best discover their debt recovery objectives, including their comfort level with civil litigation and post judgment measures (e.g. wage garnishments and asset seizure). After discussing with clients the debt collection approach that best fits their individual and business needs, our collection attorneys aggressively pursue client objectives in the most efficient manner possible. Our experience with and understanding of Florida commercial and consumer debt collection can help maximize the likelihood that your judgment will be paid. Jimerson Birr’s creditors’ rights and collections experience has enabled the firm to develop internal systems and processes through integration of specialized technology and well trained collection professionals that ensure collections claims are processed and prosecuted in a timely and organized fashion regardless of amount in controversy.

Jimerson Birr’s Special Commercial Credit and Collections Processes

Our firm regularly provides comprehensive credit policy audits to its clientele so as to minimize accounts receivable and keep capital flowing in a manner required to run a profitable business in a difficult commercial marketplace. If communications with debtors break down or internal credit operations need our assistance, Jimerson Birr provides comprehensive commercial debt collection services that recover monies owed without sacrificing valued customer relationships through unprofessional or unethical collection practices. Our qualified staff has served many commercial clients in alleviating their delinquency problems, enabling the corporate credit team and management to operate without the daily stress of worrying about bloated A/R.

In order to accomplish your company’s goals, we first start by working with the credit department and applicable management levels to create a customized collection strategy. It is important for us and for you to establish criteria to be used to determine when an account must be sent to our firm for collections, and what method of collection will be implemented. After the strategy has been determined and an account is placed, our firm commences its unique collection process. Depending on the issues in the case and the agreed upon line of attack, we will prepare demand letters, open conventional and alternative channels of communication, file administrative claims, pursue criminal action, notice and file liens, and if necessary, file lawsuits to collect monies rightfully owed to your company, while always making efforts to operate with strict compliance of the Fair Debt Collections Practices Act, Florida Statutes and general ethical and reputation preserving business practices.

At all times in the process, our firm will push to reach a mutually acceptable payment plan with the debtors, intended to benefit both the client, who will be able to recover certain needed funds immediately, and the debtor, who may not be able to bring their account current in one lump sum. Of course, throughout the entire collections process, our clients drive the ship and make all ultimate decisions based on information gathered from Jimerson Birr’s counsel.

Make no mistake, the legal pursuit of collections is not as easy as making a phone call or sending a letter demanding payment in full. There are austere legal guidelines that must be followed in regards to damage calculations and the amount of interest, late fees, and attorney’s fees, if any, that can be charged in a commercial A/R collection. While most commercial contracts (and sometimes Florida statutes) often mandate that the delinquent debtor reimburse the creditor’s costs and legal fees, our firm provides front-end counseling to its creditor clients regarding the potential defenses and counter-claims available to putative defendants that could result in the creditor being responsible for reimbursement to the debtor for his or her attorney’s fees and costs. At matter inception, every account placed is given a thorough risk management assessment by our legal professionals and prosecuted in a way that minimizes or completely mitigates your exposure to liability.

For more information about our practice, or to discuss your legal concerns with a lawyer who understands creditors’ rights and commercial collection law, contact our offices today.

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