Collections Law

SEPTEMBER 29, 2021

Unfortunately, collecting on that judgment could prove to be a challenge. The experienced commercial collection attorneys at Law Offices of Alan M. Cohen LLC have almost 50 years of combined experience assisting clients with not just obtaining a judgment, but actually collecting the money their debtors owe them.

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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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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 28, 2021

Compass Bank , 164 So. Liberty Bank , 87 So. 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. Empire Developers Group, LLC v. 3d 51, 53 (Fla. Conclusion.

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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? At the Law Offices of Alan M.

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Collections Law

JANUARY 19, 2022

Cohen LLC, our experienced commercial collection attorneys have been helping businesses recover debt since 1994. Reach out to a knowledgeable law firm Although you can take many steps on your own to protect your business, certain situations require the help of a skilled commercial collections lawyer.

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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. Banks, utility and credit card companies routinely update credit bureaus on your payment activity and outstanding debt.

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Collections Law

FEBRUARY 14, 2022

An ex parte bank attachment Once we sue the debtor for the amount due, we have many methods of collection at our disposal. With bounced checks, we often use an ex parte bank attachment, also known as a trustee attachment. Debt collection is our sole focus at Law Offices of Alan M.

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Collections Law

APRIL 2, 2024

It can apply to various types of property, including without limitation real estate, personal property, bank accounts, and receivables. Our experienced commercial collections lawyers strategically utilize whatever methods are allowed under state and federal laws to not just secure a judgment, but also collect on that debt.

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Collections Law

MARCH 19, 2024

It can apply to various types of property, including without limitation real estate, personal property, bank accounts, and receivables. Our experienced commercial collections lawyers strategically utilize whatever methods are allowed under state and federal laws to not just secure a judgment, but also collect on that debt.

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Collections Law

MAY 10, 2022

When it comes to collecting commercial debt, you have many options. The experienced commercial collection attorneys at Law Offices of Alan M. Cohen LLC have been helping businesses successfully collect outstanding debt since 1994. The best path for your situation may depend on several factors.

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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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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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Collections Law

NOVEMBER 16, 2022

Cohen LLC have over fifty years of combined experience with commercial collection and can help your business recover debt. Three tips that can ease the way to success when you need to collect on that debt include the following. #1: The lawyers at the Law Offices of Alan M.

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Debt RR

AUGUST 3, 2020

What Happens to Debt that is Sold to a Commercial Collection Agency? Businesses can expect a few things when their debt is sold to a commercial collection agency. In extenuating circumstances, the commercial debt collection agency might work with the creditor to file a lawsuit against the debtor.

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Collections Law

APRIL 5, 2022

Nearly any commercial enterprise can benefit from professional collection assistance. What does a collection attorney do? If you are wondering whether this is the right approach for you, discuss your options with one of our experienced commercial collection attorneys. first appeared on Law Offices of Alan M.

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Collections Law

SEPTEMBER 24, 2020

They don’t dabble in bad debt collection and debt recovery—it is what they do. Attorneys vs. Agencies When it comes to bad debt collection, there are many benefits that a commercial collections attorney in Massachusetts can offer that a collections agency simply cannot.

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Debt Recovery Lawyers Collections Commercial Collection 40

Jimerson Firm

NOVEMBER 23, 2020

Barnett Bank of Pensacola , 397 So. Repossession efforts may be lawful, provided the debtor does not object, and the collateral is taken from unenclosed parts of the debtor’s property, such as the driveway. 2d 1020 (Fla. 1st DCA 1981). The proceeds from a voluntary sale will be applied to the balance of the SBA loan.

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Collections Law

JULY 6, 2021

While going through a commercial collection agency can yield lackluster results through the same phone calls and letters that are easy to ignore, our business litigation attorneys explore every legal avenue and do not stop until we can get you paid. Turn to Experienced Commercial Litigation Collections Lawyers in Massachusetts.

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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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Collections Law

SEPTEMBER 24, 2020

They don’t dabble in bad debt collection and debt recovery—it is what they do. When it comes to bad debt collection , there are many benefits that a commercial collections attorney in Massachusetts can offer that a collections agency simply cannot. Attorneys vs. Agencies. Correct Total of Credit.

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FFGN COLLECT NY

JANUARY 19, 2022

At no time would a marshall or sheriff enter a private residence to collect a money judgment. However, with commercial collections, an execution can be issued and the marshal or sheriff can go to a place of business. The marshal would serve the levy in person.

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The Kaplan Group

DECEMBER 27, 2020

The IACC is the primary organization in the United States for business to business (commercial) collection agencies. Always make sure to check for reviews of a collection agency. Non-Sufficient Funds in the check writer’s bank account. If a check ‘bounces’, it is important to understand why.

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Collections Law

MAY 7, 2020

Our relentless collections attorneys know which tools to use and when and how to collect them and are effective in collecting bad debt as indicated by our clients’ testimonials for each case. The ex parte bank attachment is also a powerful tool our collections lawyers use to collect post judgment.

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Lawyers Mechanic’s Liens Collections Debtor 52

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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Collections Law

FEBRUARY 11, 2020

After obtaining an ex parte bank attachment, which caught nothing, Attorney Cohen subpoenaed the debtor’s banking records. These bank records showed that the debtor had recently acquired a deposit on a new project. He proceeded to check the registry of deeds to locate any real estate to attach, but the debtor had none.

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Collections Law

JULY 1, 2020

Pre-judgment attachments can be applied to real estate and bank accounts through motions such as ex parte attachments on trustee process, real estate and personal property. We also use methods such as reach and apply injunctions to help collect your bad debt.

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Jimerson Firm

DECEMBER 30, 2020

In the event a borrower is seriously delinquent on making payments under a SBA loan, or the SBA loan is classified in liquidation status, lenders and CDCs must develop a prudent and commercially reasonable strategy to maximize their recovery on the loan.

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Loans Collateral Lender Foreclosure 98

Jimerson Firm

SEPTEMBER 22, 2020

Parts 1-3 of this series explored alternative pre-foreclosure loss mitigation options for lenders including acceleration and enforcement of personal guarantees. This article explores Section 697.07, Florida Statutes, which governs the assignment of rents. Assignment of Rents under Section 697.07, Florida Statutes.

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Jimerson Firm

NOVEMBER 13, 2020

When a small business association (“SBA”) loan is converted to liquidation status, the lender must begin liquidating the collateral. If the collateral is real property, the lender must liquidate all parcels of real property that has a Recoverable Value over $10,000.

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Loans Collateral Foreclosure Lender 98

Jimerson Firm

AUGUST 7, 2020

On July 1, 2020, the Uniform Commercial Real Estate Receivership Act (“Act”) became law in Florida as part of the newly created Chapter 714 of the Florida Statutes.

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Jimerson Firm

JANUARY 27, 2021

If the borrower is unable to pay the full amount owed on an SBA loan after all of the collateral has been liquidated, the borrower may submit an “offer in compromise.” An offer in comprise allows borrowers to settle their debt on the SBA loan for less than the full amount owed.

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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

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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Foreclosure Judgment Law Firms Creditor's Rights 98

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

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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