Collections Law

AUGUST 30, 2021

The entire goal of a commercial collection action is to obtain payment from a person or business that owes you money. We have many tools at our disposal for pre-judgement attachments, but one of the most effective is a bank attachment. How do bank attachments work? The collections attorneys at the Law Offices of Alan M.

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Collections Law

FEBRUARY 14, 2022

Cohen LLC, we help our clients collect on commercial debt, including bad checks. You do have options for collection. Here are three ways you can collect on insufficient funds. An ex parte bank attachment Once we sue the debtor for the amount due, we have many methods of collection at our disposal.

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Collections Law

APRIL 5, 2022

Perhaps your own business is trying to struggle through collecting overdue payments and you are wondering if there is something more you can do. You have more important aspects of your business to run, but you may not know at what point it becomes worthwhile to bring in a collection professional. What does a collection attorney do?

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Collections Law

NOVEMBER 16, 2022

The adage about an ounce of prevention being worth a pound of cure holds true in the business world — especially when it comes to debt collection. It takes time and effort to collect the debt that could have spent on other endeavors. 3: Delegate There comes a time when collection efforts are best left to the professionals.

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FFGN COLLECT NY

JANUARY 19, 2022

Work has changed in a lot of ways, but does the fact that so many New York businesses have switched to remote work affect the collectability of your collection claim? If the customer closed their office and left no assets, that may be the end of your debt collection claim right there. Pursuing a Debt Collection Claim.

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The Kaplan Group

JUNE 25, 2020

Commercial collection agencies like ours specialize in collecting on B2B debt. If your business is getting calls from a collection agency, you may wonder how this will affect your business credit. Like personal debt, being sent to collections can affect your credit rating. Why Worry About Your Credit Rating?

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Collections Law

JULY 6, 2021

When partnering with the experienced commercial litigation debt collection attorneys at the Law Offices of Alan M. For out-of-state creditors, the commercial litigation collections lawyers at Law Offices of Alan M. Using Aggressive Methods to Collect Your Debt.

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The Kaplan Group

DECEMBER 27, 2020

Collections is no different. Whether you’re talking to your accounts receivable department, or hiring a collection agency, you are likely to hear a lot of terms you don’t know. You should never be embarrassed to ask people to define terms, but here are ten common collection acronyms to get you started. Days Sales Outstanding.

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Stevens Lloyd

SEPTEMBER 27, 2018

At the Stevens-Lloyd Group, in addition to utilizing our unique blend of incorporating phone calls, strong written communication skills and litigation, we also utilize more advanced debt collection techniques. These include Writs of Execution, Bank levies, and Wage garnishments. Bank Levies. What is a Writ of Execution.

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Collections Law

SEPTEMBER 24, 2020

Bad debt collection is as much of a part of a business as are sales. That is why you should leave bad debt collection to the experienced aggressive debt recovery attorneys at the Law Offices of Alan M. We have collectively between our two collections attorneys almost 50 years of debt recovery experience.

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Debt RR

AUGUST 3, 2020

Sometimes, that debt gets out of hand and businesses find themselves on the receiving end of calls from commercial debt collection agencies. Calls from a commercial debt collector can create an enormous amount of stress for many business owners. What Do Commercial Debt Collection Agencies Do?

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Collections Law

SEPTEMBER 24, 2020

Bad debt collection is as much of a part of a business as are sales. That is why you should leave bad debt collection to the experienced aggressive debt recovery attorneys at the Law Offices of Alan M. We have collectively between our two collections attorneys almost 50 years of debt recovery experience. .

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Collections Law

MAY 7, 2020

When the time comes to return to normalcy, you should be prepared to return to business as usual, including collecting any outstanding debt you may currently be owed. Navigating this with the help of an experienced collection attorney is critical, and the Law Offices of Alan M. Cohen LLC can provide you with just that.

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Collections Law

JULY 1, 2020

The experienced collection attorneys at the Law Offices of Alan M. Collection agencies are passive organizations that make the same effort you were making before you brought them on board. Why Hire a Collections Attorney? An experienced collections attorney will do more than merely advise you on what you need to do.

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Jimerson Firm

JANUARY 28, 2021

Compass Bank , 164 So. Liberty Bank , 87 So. Collecting the Deficiency Judgment. When the lender receives a deficiency judgment from the court, it can proceed to collect on that judgment against the borrower using conventional collection methods. 3d 49, 57-58 (Fla. 1 st DCA 2015). 5)(h), Fla. 3d 51, 53 (Fla.

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Jimerson Firm

JULY 30, 2020

Most commercial loan documents will include an acceleration clause, which is a clause that allows the lender to accelerate the total remaining amount due on the loan. Bank of America, N.A., Bank, N.A. See, e.g. , Flagship Bank of Orlando v. Bank of Montreal, 542 So. First Nat’l Bank & Tr., In First Fla.

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Collections Law

FEBRUARY 11, 2020

Are you struggling with debt collections from a debtor who seems to have no intention of paying you back? This way, we can determine the best tactic for debt collection. As you collect the monies directly from the third party, it reduces the chances of miscommunication and confusion. Cohen LLC right now, before it’s too late.

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Jimerson Firm

MARCH 12, 2021

Intercredit Bank, N.A. , Flagship Cmty Bank , 96 So. Florida courts have found that the exception to the local action rule found in Section 702.04 applies to “both contiguous and non-contiguous real properties.” 2d 863, 864 (Fla. 3d DCA 2006). For example, in Frym v. 3d 452 (Fla.

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Jimerson Firm

DECEMBER 15, 2020

See Barnett Bank, N.A. Wells Fargo Bank, Nat’l Ass’n, 72 So. Bank Nat’l Ass’n v. Bank, 700 So. Traditionally, the appointment of a receiver was considered to be an extraordinary remedy, which must be exercised with caution as it is in derogation of the legal owner’s fundamental right to possession of the property.

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Jimerson Firm

JANUARY 27, 2021

The compromise amount must bear a reasonable relationship to the amount that could be recovered in a reasonable amount of time through enforced collection proceedings, and it must be sufficient to protect the integrity of the SBA program. illness), paying it would cause financial hardship. (4) SOP 50 57 ; SOP 50 55.

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Jimerson Firm

NOVEMBER 23, 2020

Barnett Bank of Pensacola , 397 So. Collection of Accounts Receivable. Lenders should consult with legal counsel regarding best practices for collection of accounts receivable. The proceeds from a voluntary sale will be applied to the balance of the SBA loan. 2d 1020 (Fla. 1st DCA 1981). 679.607(1), Fla.

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Jimerson Firm

NOVEMBER 16, 2020

Barnett Bank of Pensacola , 397 So. Id ; Marine Midland Bank-Central v. Marine Midland Bank-Central , 351 So. Broward Bank , 599 So. 2d 1020, 1024 (Fla. 1st DCA 1981) ; Northside Motors of Fla., 2d at 625 (Fla. Entry Upon the Debtor’s Premises. Cote , 351 So. 2d 750, 752, (Fla. 679.609(2)(b), Fla. 2d 1018, 1020 (Fla.

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Jimerson Firm

FEBRUARY 18, 2021

5th DCA 1988) (reversing a summary judgment in favor of the bank because the bank delayed recording the notice of commencement). See LaSalle Bank Nat. . § 713.13(7) & Loan Ass’n , 533 So. 2d 948, 950 (Fla. Notice of Termination of NOC. Ass’n v. Blackton, Inc. , 3d 329, 330 (Fla. 5th DCA 2011).

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Jimerson Firm

SEPTEMBER 22, 2020

Additionally, during a foreclosure action, the lender/mortgagee can request the borrower/mortgagor to deposit the collected rents into the registry of the court or in such other depository as designated by the court. §697.07(4). Losing the Right to Collect Rents: Junior Foreclosure Sales.

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Jimerson Firm

AUGUST 7, 2020

sell, lease, license, exchange, collect, or otherwise dispose of receivership property.” § 714.02(14), A receiver is defined in the Act as a “person appointed by the court as the court’s agent, and subject to the court’s direction, to take possession of, manage, and, if authorized. Receivers have broad duties and powers under section 714.12

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Jimerson Firm

OCTOBER 22, 2020

Barnett Bank of Alachua Cty., More importantly, it allows courts to sequester the rents into the court registry pending the outcome of the foreclosure action. Appointment of a Receiver. Additionally, lenders/servicers can request the court to appoint a receiver. Steinberg, 632 So. 2d 233, 234 (Fla. & Loan Ass’n of Panama City, 516 So.

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Jimerson Firm

MAY 19, 2021

Bank of Am. 1.540(b) ; Toler v. Ass’n , 78 So. 3d 699, 703 (Fla. 4th DCA 2012) (“[Section 702.07] and Rule 1.540 should be read together, so that, as in other civil cases, Rule 1.540 provides the avenue for relief from a judgment of foreclosure.”).

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Jimerson Firm

SEPTEMBER 28, 2020

Deutsche Bank Tr. The judgment is void if constructive service was so defective that it amounted to no notice of the proceedings; the judgment is voidable if the irregular or defective service actually gave notice of the proceedings. See Shepheard v. Americas , 922 So. 2d 340 (Fla.

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Jimerson Firm

NOVEMBER 13, 2020

Lenders must give careful consideration on choosing this method because it may (unless otherwise negotiated in the written agreement) lose the right to collect any deficiency, and the property will remain subject to any existing liens. However, lenders should only use this option if it maximizes recovery on the SBA loan.

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Jimerson Firm

DECEMBER 30, 2020

During workout agreement negotiations, there are many workout options that the lender/CDC and borrower can consider.

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Loans Collateral Lender Foreclosure 98

Jimerson Firm

MAY 24, 2021

The person who bought the certificate will have the right to collect the tax debt from the property owner, plus interest. Next, on the sale date, the tax collector will sell a tax certificate for the amount of taxes due. 197.432.

Collateral 52

Collateral Lender Foreclosure Judgment 52

Jimerson Firm

JANUARY 14, 2021

The first half of this series evaluated options available to lenders prior to instituting a commercial foreclosure action. The second-half of this series has evaluated available options to lenders during the pendency of the foreclosure action.

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Jimerson Firm

FEBRUARY 15, 2021

In Florida, mortgage foreclosure lawsuits are filed in the county where the property is located. Although Florida foreclosures are governed by Chapter 702 of the Florida Statutes , foreclosing lenders must also check the local rules of the court where the lawsuit is filed to make sure that they comply with any additional requirements.

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Jimerson Firm

FEBRUARY 3, 2021

In Florida, lenders may find themselves foreclosing on real property with a mobile home attached to the land. Initially, a mobile home is considered personal property (like a vehicle) and is titled by the Department of Motor Vehicles. However, a mobile home may be “retired” to the real property and become part of the real property.

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Jimerson Firm

DECEMBER 8, 2020

The Florida Supreme Court has published the proper form to use when seeking a final judgment of foreclosure: Form 1.996(a), Final Judgment of Foreclosure (8-18-20). Form 1.996(a) is incorporated in the Florida Rules of Civil Procedure under Rule 1.900.

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Jimerson Firm

OCTOBER 9, 2020

In 2010, the Florida Supreme Court approved an amendment to the Florida Rules of Civil Procedure regarding mortgage foreclosures and enacted new forms, such as Form 1.996(b), Motion to Cancel and Reschedule Foreclosure Sale. In 2014, the Florida Supreme Court renumbered this form to the current Form 1.996(c) (2019).

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Jimerson Firm

AUGUST 24, 2020

Since 2013, residential foreclosure actions in Florida have been significantly shortened—from over two (2) years to possibly less than six (6) months—because of the new “fast-track” process provided in section 702.10, Florida Statutes.

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