When a debtor does not pay a judgment, a creditor may be able to use Florida judgment-enforcement procedures to reach certain property. The available remedies depend on the type of property, recording requirements, exemptions and the rights of other creditors. What...
Winning a judgment can feel like a major step forward, but a judgment alone does not guarantee payment. If the debtor does not pay voluntarily, you may need to take additional steps under Florida law to enforce the judgment. Knowing your collection options can help...
You or your company obtained a judgment, yet the debtor has ignored previous collection efforts. That continued silence may lead you to pursue a bank garnishment, although waiting for the funds can test your patience. If you represent a creditor seeking an unpaid...
A money award from another state carries little practical value in Florida until a creditor takes formal steps to recognize it here. Domestication gives that ruling the same force as a Florida judgment and opens the door to collection tools under state law. How...
Yes, a creditor holding a valid court judgment can seize a debtor’s personal property in Florida. However, Florida law requires that judgment creditors must follow a specific process through the county sheriff. In addition, it helps to know which assets are actually...
A writ of garnishment allows you to seek payment from money in the debtor’s bank account or a portion of their wages, but issuance is only the beginning. Obtaining it does not transfer those assets to you, as several procedural steps follow before the court can apply...
A business can do everything right and still face unpaid invoices or loan defaults. That is why many companies ask for a personal guarantee before extending credit. A personal guarantee can give creditors another way to recover money if a business cannot pay. What is...
It is important to protect the future of your business, which is why businesses must act fast to recover commercial debts. Mistakes can be made early when collecting commercial debts. Understanding how these mistakes happen can help businesses avoid unresolved debt....
Small businesses count on income from sales to stay afloat, but they don’t always receive the payments they’re due. This can create pressure for a small business, even if it otherwise appears to be profitable on paper. Cash flow for small business is important because...
Debt collection looks like a uniform process across state lines. In Florida, it is anything but. The state's asset protection laws, domestication requirements, and localized court procedures create a framework that consistently favors debtors, unless the creditor has...