A portion of our practice focuses on debt collection, mainly representing the interests of creditors. We handle both commercial and retail claims. In most cases, we take the claim from the initial demand letter through trial and collection of the Final Judgment. We also collect Final Judgments already obtained in Florida or from other states or the Federal Court system against defendants and their assets located in Florida. The collection process may include garnishment of bank accounts or wages, levies upon real property or personal items, or even seeking to set aside fraudulent transfers by the debtor to a third person. Our clients include financial institutions, large and small businesses, and individuals. Our collections clients include SunTrust Bank and BellSouth Telecommunications, Inc. We also advise corporations and individuals who may be trying to legally protect their assets from creditors. Our Debt Collection Department is aggressive, experienced and dedicated. Let us help you recover the money you are owed.
Attorney’s Fees are usually a key issue in collections cases. In some smaller cases, the attorney’s fees and other costs of collection may exceed the amount in controversy, in which situation it would not be collected from the other party. The general rule under Florida Law is that the prevailing party is only entitled to collect attorney’s fees from the losing party if the contract between the parties allows for the recovery of attorney’s fees, or if there is a statute which allows for the recovery of Attorney’s Fees. In many cases, we recommend that our clients include an attorney’s fees provision in their contract with their customers.
We handle the attorney’s fees on collections cases in two ways. Individual cases are handled on an hourly basis, where the client is responsible to pay our fees. If a client/creditor is able to send us a volume of cases, then we may be able to handle the cases on a contingency fee basis. The client only pays costs, and we receive our fee as a percentage of the amount collected. We are able to develop automated systems to handle these cases efficiently, seeking the maximum recovery allowed by law.