Once an account has been reduced to judgment, the “judgment creditor” suddenly acquires new powers to collect the debt. This white paper comments on a few actions you may wish to take and those that you should not in this process. Careful analysis must be done before taking any action when collecting on a judgment, and we want to help you learn what should and shouldn’t be done.
You finance your member’s vehicle purchase, he defaults on the loan and hides your collateral from your repossession agent. Now you want to quickly recover that collateral through the legal system. Is this possible? Absolutely. At Hiday & Ricke, P.A., we know how important it is for you to quickly recover your collateral when a member defaults on their… Continue Reading
Over the past 36 years of my legal career, I have repeatedly encountered clients, various creditors, attorneys and others who do not fully understand how judgments work in this state. Below are a few of the more interesting aspects that impact any creditor who litigates their debt collection work: Continue Reading
Over the years our firm has taken the “conservative” approach to things. We have always looked at the long-term, avoiding the day-to-day pressures (from all directions) to cut corners and take the expedient path. Judging from recent events, it appears that this was the right way to go after all. Learn more about this important… Continue Reading
There are many different kinds of exemptions from garnishment that debtors can file for after judgement. Whether they are garnishments on their wages or bank assets, one important exemptions is for Heads of Households. Learn more about this important exemption in our most recent White Paper. Continue Reading
Especially in debt collections, understanding the Statute of Limitations (SOL) could help save your company unwanted headaches and lawsuits. Attempting to collect a debt after the SOL has run could end in a violation of the Fair Debt Collection Practices Act (FDCPA). Continue Reading
If your company uses or is considering using an auto dialer, or if you employ a contractor that does, it is critical for you to understand the nuances of the Telephone Consumer Protection Act (TCPA). A violation of the TCPA could cost your company statutory damages between $500 – $1,500, per violation, depending on the… Continue Reading
Understanding the parameters of Florida’s Deceptive and Unfair Trade Practices Act (DUTPA) could save your business from unwanted litigation and potential damages. Although the purpose of the law is “…to simplify, clarify and modernize the law governing consumer protection, unfair methods of competition, and unconscionable, deceptive and unfair trade practices.” it is not necessary for… Continue Reading
Florida has long been known as a “debtors haven” because it is one of a handful of states that provide extensive protections (above and beyond federal law) to those who are being pursued for past due obligations. People who collect debts in Florida have limited tools with which to work, and debts often go uncollected… Continue Reading
Do you have accounts that you wrote off once the member moved to Florida? Many creditors incorrectly believe that it is virtually impossible to collect debts in Florida. While Florida does have a “debtor haven” reputation, there are actually several laws that work in our favor. Florida is a popular destination for many consumer debtors, and… Continue Reading
