Jimerson Firm
FEBRUARY 11, 2022
A construction project to a screeching halt when a property owner files for bankruptcy, creating a serious risk of substantial losses for the contractor, as well as subcontractors and suppliers. The list of creditors receiving the Notice should include the general contractor of an incomplete construction project. See 11 U.S.C.
Jimerson Firm
FEBRUARY 18, 2021
Florida’s Construction Lien Law found in Chapter 713, Florida Statutes, may seem like an area of the law that is only relevant to contractors and property owners. However, there are important aspects of the Construction Lien Law that can directly affect the rights and obligations of lenders in numerous ways. Specifically, under Fla.
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Collections Law
AUGUST 11, 2020
We Domesticate Foreign Judgments in Massachusetts. At times creditors operating outside Massachusetts find it extremely difficult to recover debts from debtors who reside and operate in the Commonwealth of Massachusetts. Therefore, to implement and enforce it, the creditor must get the judgment domesticated.
Jimerson Firm
JANUARY 23, 2023
A recent opinion by a Florida appellate court, Construction Consulting, Inc. The Facts of the Case Construction Consulting, Inc. (“CCI”) CCI”) was party to a Master Contract with Broward College under which the College hired CCI to work on numerous construction projects.
Jimerson Firm
SEPTEMBER 28, 2020
If a defendant cannot be located, then service may be effected by constructive service, i.e., service by publication, which is governed by Chapter 49, Florida Statutes. Before a defendant can be served by constructive service, the plaintiff must make a diligent search and inquiry to locate the defendant. See Shepheard v. 2d 340 (Fla.
Fraser
SEPTEMBER 28, 2020
A creditor with a claim must often take affirmative action by filing a “proof of claim” form in order to preserve and protect its rights to payment. Even when a claim is scheduled, and assuming there are no reasons not to (see below), a creditor may choose to file a claim to guard against a debtor modifying or removing its scheduled claim.
Collection Industry News
NOVEMBER 2, 2020
(The court did not address whether or not the problematic envelope being inside another envelope has any impact on its decision, but that’s likely because they were reviewing a decision on a motion to dismiss rather than a motion for summary judgment.). Creditor ID Claims—A Mixed Bag. A judgment is a judgment.
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