Collections Q & A

FAQ - United States FAQ - International Clients

USA Business Clients

Q. I am a business creditor located outside Florida, but within the United States. How can I pursue a Florida debtor for unpaid invoices, breach of contract, or other business / commercial claims?

Q. What is the length of time for a typical collection case from inception to conclusion?

Q. Can you describe the basic steps which are involved in the litigation process in Florida?

Q. I have a judgment against a Florida business, but it appears that the business is no longer operational. Is it possible for me to still recover on my judgment?

Q. Is it possible to quickly resolve a claim without the time and expense of litigation?

Q. Does the Law Office of Joel B. Blumberg, P.A. handle cases throughout the entire state of Florida?

International Business Clients

Q. I am a business creditor located outside of the United States. How can I pursue a Florida debtor for unpaid invoices, breach of contract, or other business/commercial claims?

Q. Can the Law Office of Joel B. Blumberg, P.A. assist me in collecting claims throughout the United States?

Q. I operate a United States business that sold merchandise or provided services to a business in a foreign country. Can you assist me in pursuing an overseas collection action?

USA BUSINESS CLIENTS

Q. I am a business creditor located outside Florida, but within the United States.  How can I pursue a Florida debtor for unpaid invoices, breach of contract, or other business/commercial claims?

A. You have two potential avenues for pursuing a debtor in Florida.

1. You may pursue a Florida debtor by filing a lawsuit in the county where the debtor has its principal place of business. After obtaining a judgment against the debtor, a creditor can then execute its judgment by pursuing assets of the debtor.

2. You may also have the right to sue a debtor in your home state. Once a judgment is obtained, the home state judgment can be domesticated to Florida. Once the judgment is properly domesticated, recorded and docketed in Florida, a creditor can then execute its judgment by pursuing the assets of the debtor.

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Q. What is the length of time for a typical collection case from inception to conclusion?

A. The length of time to successfully prosecute a collection case may vary considerably, depending upon the complexity of the case, the amount of the claim, the financial status of the debtor, and other factors.  There are time guidelines in the Rules of Procedure that govern commercial lawsuits and ensure that all parties to a lawsuit receive a full disclosure of all relevant facts. If a debtor does not respond to a lawsuit, a default judgment may be entered as soon as thirty (30) days.

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Q. Can you describe the basic steps which are involved in the litigation process in Florida?

A. Your case is initiated by filing a lawsuit with the Clerk of Court. The debtor is served with the lawsuit by an authorized process server and then becomes a Defendant in the case. At this stage, third parties may be brought into the lawsuit as necessary. A Defendant has twenty (20) days within which to respond to the initial lawsuit or be defaulted.

After this initial pleading stage, the parties enter into the “discovery” stage. Sworn testimony can be elicited from the Defendant and other witnesses concerning the facts of the case.  A Defendant who improperly disputes a claim may be exposed at this stage.

As discovery winds down, the parties are typically required to attend non-binding mediation. At this stage, the parties attempt to voluntarily resolve the case with the help of a trained mediator.  The vast majority of cases are resolved at the mediation stage.

If the parties are unable to voluntarily settle the claim, the parties prepare for and proceed to trial.  The issues in the trial can be decided either by a single judge or by a panel (jury) of disinterested citizens chosen from the community.

If you prevail at trial, you will be awarded a judgment. The Defendant may pay the judgment once a decision has been rendered. It is also possible for a Defendant to appeal a money judgment, but the judgment debtor is required to post a significant cash bond for the right to appeal the trial court’s decision to the appellate court.

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Q. I have a judgment against a Florida business, but it appears that the business is no longer operational.  Is it still possible for me to recover on my judgment?

A. The answer depends on whether the debtor business improperly transferred assets to third parties or insiders or otherwise did not properly wind down its business affairs. In certain instances, a creditor can pursue third parties who are holding assets of the debtor.

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Q. Is it possible to quickly resolve a claim without the time and expense of litigation?

A. If you would like your case quickly resolved, we will make every effort to see that this occurs.  In many instances, simply involving a competent Florida attorney in the collection process will see a claim quickly paid.

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Q. Does the Law Office of Joel B. Blumberg, P.A. handle cases throughout the entire state of Florida?

A. Our practice is statewide in Florida;  debt collections litigation in distant areas of Florida will depend upon the size of your commercial claim.

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INTERNATIONAL BUSINESS CLIENTS

Q. I am a business creditor located outside of the United States.  How can I pursue a Florida debtor for unpaid invoices, breach of contract, or other business/commercial claims?

A. You have two potential avenues available.

1. An international business creditor located outside of the United States can pursue a Florida debtor by filing a lawsuit in the county where the debtor has its principal place of business. Once a judgment is obtained against the debtor, a creditor can execute its judgment by pursuing assets of the debtor.

2. It may be possible for an international business creditor located outside of the United States to file legal proceedings in its home country. The home country judgment can then be domesticated in Florida.  Judgments from foreign countries must meet certain guidelines to be enforceable in Florida. Typically, it is necessary for the debtor to receive proper notice of the action and be afforded a fair opportunity to defend its interests Assuming these due process requirements are satisfied, the foreign country judgment may be enforced in Florida. Once the foreign judgment is properly domesticated, recorded and docketed in Florida, a creditor can then execute its judgment by pursuing assets of the debtor.

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Q. Can the Law Office of Joel B. Blumberg, P.A. assist me in collecting claims throughout the United States?

A. Yes, we utilize a network of creditors’ rights specialists throughout the United States. We will ensure that your case is properly referred and handled and our creditor’s rights attorney will stay involved throughout the litigation process and keep you informed of the progress of your case.

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Q. I operate a United States business that sold merchandise or provided services to a business in a foreign country.  Can you assist me in pursuing an overseas collection action?

A. Yes, we utilize a network of international creditors’ rights specialists who can pursue your claims and collect your judgment.

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Contact the law office of Joel B. Blumberg, P.A., for additional information concerning the litigation process and the circumstances of your particular case.

If you are a U.S. or International business creditor with an unpaid debt or commercial receivable anywhere in Florida, including Miami, Fort Lauderdale, West Palm Beach, Jacksonville, Daytona Beach, Pensacola, Tampa, and Orlando,  contact the commercial debt collections lawyer at the law office of Joel B. Blumberg, P.A. to discuss your case. We will also handle international debt collection cases in other states in the U.S. Our commercial collection law firm has the experience, skill and ingenuity to recover your unpaid debts.