Jimerson Firm

JUNE 13, 2024

In Florida, persons and entities that perform work on a construction project may be entitled to record a construction lien. Chapter 713 of the Florida Statutes governs the recordation and perfection of construction liens and contains many traps for the unwary. by recording a notice of contest of lien). and 713.24.

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Collections Law

AUGUST 11, 2020

We Domesticate Foreign Judgments in Massachusetts. Therefore, to implement and enforce it, the creditor must get the judgment domesticated. Cohen LLC, we domesticate your foreign judgment in Massachusetts and simultaneously work to secure payment of that judgment. And this is what we can help you with.

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The Kaplan Group

APRIL 24, 2025

Legal Tools Growingbut Limited More than 70% of B2B debt lawsuits result in default judgments, but only half of those are successfully enforced. For older debt or legal cases, actual creditor recovery drops to 10% or less. Creditors increasingly rely on court action for high-balance debts, but delays and debtor insolvency remain obstacles.

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Jimerson Firm

AUGUST 16, 2021

Currently, it appears the only counties in Florida that require building re-inspections following condominium construction are Miami-Dade and Broward counties, both of which mandate that buildings be re-inspected forty (40) years after construction, then every ten (10) years thereafter.

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BN Lawyers

DECEMBER 10, 2019

Rotkiske claimed that because of defective service he was not aware of the underlying collection lawsuit and subsequent default judgment until almost five years later. Once he became aware of the default judgment Rotkiske sued. The Court employed similar statutory construction methodology in Obduskey v. 1029 (2019) ; Henson v.

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Jimerson Firm

JANUARY 10, 2023

In construction projects, the owner sometimes hires a person or entity to act as the owner’s representative to facilitate the project and act as the point of contact in a representative or agency capacity on the owner’s behalf. The decorator filed a construction lien, and sued the owner for payment. The owner appealed.

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UK debt collections

AUGUST 19, 2024

The dispute arose from a JCT contract between Providence Building Services Limited and Hexagon Housing Association Limited (Hexagon) for the construction of buildings in Purley, valued at £7.2m.

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Collections Law

MARCH 8, 2021

Suppliers, contractors and subcontractors, especially those in the construction industry, know this all too well, as they can often be strung out waiting for their compensation after completing work for the project for which they were hired. Provided general contractor or construction management services on a given job.

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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.

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Collections Law

JULY 1, 2020

Instead, they will help you collect on the debt by filing a lawsuit against the debtor, seeking and obtaining attachments on the debtor’s assets, and even garnishing their wages post-judgment so that you can get paid for your judgment debt. Unlike Others, We Aggressively Seek Pre-Judgment Attachments to Secure Debt Recovery.

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Collections Law

AUGUST 30, 2024

Mechanic’s liens are for private as opposed to public construction projects, while payment bonds are often required in public construction. In either a mechanic’s lien or a payment bond, securing an experienced commercial collections attorney can help your collect your construction related debts.

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Collections Law

SEPTEMBER 21, 2020

If you are unlucky enough to have done business with construction companies or property owners who seem to be rolling in cash, but never have time to pay, you’ll soon find out the importance of a mechanic’s lien in Massachusetts in debt recovery. Sometimes the property has been deeded out during the construction progress.

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Jimerson Firm

JULY 9, 2020

An easement can also be terminated if the servient estate is sold to a bona fide purchaser without knowledge, actual or constructive, of the easement. Quina, 174 So. 2d 590, 593–94 (Fla. 1st DCA 1965). Authors: C. Ryan Maloney , Esquire. Pierce Schultz, JD Candidate.

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ABI

JANUARY 28, 2024

Sahene Construction L.L.C. ( In re Sahene Construction), the United States Bankruptcy Court for the District of Louisiana held that a non-debtor defendant was not entitled to protection of an automatic stay. (“General Contractor”), to build a dental clinic in Lafayette, Louisiana. [2] Jonathan Schloth St.

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FFGN COLLECT NY

SEPTEMBER 24, 2024

In certain industries like construction, 45-day payment terms easily extend to 90, 120 days, and longer. It’s only when a party seeks to convert an arbitration award into a money judgment that a public record is created and searchable. An old friend once told me that a non-paying client is a hallucination !)

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Troutman Sanders

DECEMBER 22, 2020

The Consumer Data Industry Association (“CDIA”) filed suit against the Maine Attorney General and the Superintendent of the Maine Bureau of Consumer Credit Protection, seeking declaratory judgment that both laws were preempted by the FCRA. The parties filed cross-motions for judgment on a stipulated record in April 2020.

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Jimerson Firm

JUNE 23, 2021

If a lawsuit is necessary, it is important to name and serve all proper defendants, plead the case adequately and obtain an error free judgment. If a party is not named, he or she will not be bound by any judgment that is adverse to his or her interests. What Are “Clouds on Title”? 65.061(2), Fla. 65.041, Fla.

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PBWT

FEBRUARY 1, 2021

Ruling on plaintiff-debtor Southland Royalty Company LLC’s motion for partial summary judgment, Judge Owens found that Halliburton did not obtain a lien on Southland’s production of oil, natural gas, or their proceeds. Bankruptcy Judge Karen B. Owens taught Halliburton Energy Services, Inc. in her recent decision. Opinion at 2.

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Collections Law

MAY 7, 2021

If you are in the construction industry and are providing labor or materials for labor for a given job or property, it is imperative that you are paid on time and in full. Don’t Delay — Contact the Law Offices of Alan M. Cohen LLC Immediately to Use the Mechanic’s Lien Statute To Help Collect Your Outstanding Debt.

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Jimerson Firm

MAY 25, 2021

The notice of sale must include: (a) A description of the property to be sold; (b) The time and place of sale; (c) A statement that the sale will be made pursuant to the order or final judgment; (d) The caption of the action; (e) The name of the clerk making the sale; and. (f) A Proper Final Judgment of Foreclosure: Form 1.996(a).

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Jimerson Firm

MAY 17, 2021

A plaintiff alleging standing as a holder must prove it is a holder of the note and mortgage both as of the time of trial or when the final judgment is entered, and that they had standing as of the time the foreclosure complaint was filed. A Proper Final Judgment of Foreclosure: Form 1.996(a). Craven-Lazarus v. 3d 1029, 1030 (Fla.

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Fraser

SEPTEMBER 28, 2020

In the areas of banking, commercial, construction and real estate litigation, he represents lenders, contractors and owners on construction-related claims, and lenders and borrowers in commercial and residential foreclosure matters, large loan defaults and collections, lien priority disputes, and title insurance company liability.

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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.). A judgment is a judgment. Creditor ID Claims—A Mixed Bag.

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Consumer Financial Services Law

JANUARY 22, 2021

Resolution of the case involved interpretation and construction of three related statutory provisions in the Bankruptcy Code, specifically 11 U.S.C. §§ 541, 362, and 542, which govern property of the estate, the automatic stay, and turnover, respectively. General Motors Acceptance Corp. , 3d 699 (7th Cir. 11 U.S.C. § Strumpf , 516 U.S.

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FFGN COLLECT NY

OCTOBER 4, 2022

Improper billing is very common across all industries–whether it’s medical, construction, insurance, or other. The clients are out of business, judgment proof. Or, if they had completed, there may have been issues considered ”usual and customary” but used by the customer as a reason for non-payment. Improper Billing.

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Jimerson Firm

JANUARY 24, 2023

If more than one person, including the trustee, is liable for damages for breach of trust, the beneficiary’s recovery of a judgment against one liable person does not discharge other liable persons from liability to the beneficiary for breach of trust unless the original judgment is satisfied. 736.1002(5).

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Collection Industry News

DECEMBER 28, 2020

The Consumer Data Industry Association (“CDIA”) filed suit against the Maine Attorney General and the Superintendent of the Maine Bureau of Consumer Credit Protection, seeking declaratory judgment that both laws were preempted by the FCRA. The parties filed cross-motions for judgment on a stipulated record in April 2020.

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Jimerson Firm

JULY 31, 2020

You may be entitled to an award of attorney’s fees and costs upon a dismissal of the Complaint, or, upon a final judgment award in your favor if the proposed penalty in the citation is substantially in excess of the final judgment award. Recovery of Attorney’s Fees and Costs. Whether you are eligible is governed by 29 C.F.R.

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Troutman Sanders

JANUARY 14, 2021

As detailed below, in granting plaintiff PayPal’s motion for summary judgment, the Court held that the CFPB acted outside of its statutory authority when promulgating these two provisions. Provisions of the Rule at Issue. The Court’s Order examined two CFPB regulations in the context of digital wallets.

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Collection Industry News

OCTOBER 25, 2021

stopping debt collection, civil judgment for identity theft) that formerly required a police report. AB 430 , which amends California’s identity theft and debt collection laws. The amendment permits victims of identity theft to provide an FTC identity report in lieu of a police report in instances (i.e.,

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PBWT

JULY 15, 2020

Generation Resources Holding Company, LLC (“Generation Resources”) agreed in July 2005 to sell the right to construct three wind power projects to Edison Capital in exchange for certain payments. .” The case arose out of a complex history of transactions and litigation involving certain wind power projects in Pennsylvania.

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Consumer Financial Services Law

DECEMBER 30, 2020

After pleadings closed, the district court granted the debt collector’s motion for judgment on the pleadings concluding that Section 1692f(8) should be read to include a “benign language” exception, relying upon 2004 decisions from the Fifth and Eighth Circuits.

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Troutman Sanders

AUGUST 7, 2023

On July 31, the District Court for the Central District of California entered judgment in favor of the court-appointed receiver of defendants True Count Staffing Inc., On July 31, the District Court for the Central District of California entered judgment in favor of the court-appointed receiver of defendants True Count Staffing Inc.,

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Troutman Sanders

MAY 5, 2021

Communications with the consumer’s attorney, a creditor or its attorney, the debt collector’s attorney, or a consumer reporting agency are permissible, as are certain communications with third parties to locate a consumer or those required by a court or court judgment. ” Plaintiff’s Allegations.

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BN Lawyers

MARCH 21, 2019

If a deficiency judgment is sought (or possible with contractual fees and costs) such a request for relief might be sufficient to trigger the FDCPA’s “debt collector” definition. Similar risks may lie in wait for attorneys who pursue replevin actions.

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Jimerson Firm

OCTOBER 24, 2023

Damages may include wages and benefits that would have been due to the person up to the date of the judgment had the violation not occurred. Aggrieved employees may bring a civil suit for damages or equitable relief, or both, in circuit court.

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Jimerson Firm

NOVEMBER 24, 2022

When I wrote about interest rate provisions in 2019, the Florida judgment interest rate was 6.77%. Currently, the Florida judgment interest rate is 4.34%. From a litigation perspective, including an interest rate in a small business contract is also extremely important.

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