Florida Debt Collection
Our Florida debt collection attorneys represent companies who seek to collect debts and individuals who are being pursued by debt collectors. If you are a company seeking to collect debts, Boyer Law Firm can help you establish valid debt collection practices. If you are a consumer who feel your rights have been violated, we can help you protect those rights. Even if you have paid the debt in question, you may have a claim against the debt collector for unauthorized practices.
Debt collection on the Creditors behalf
Boyer Law Firm represents creditors in collection matters in Florida by providing aggressive, quality legal representation. We handle all stages of commercial and consumer debt-enforcement, including issuance of demand letters, post-foreclosure or post-judgment examinations, asset seizures, and liquidation. No matter what phase of the collection process you are in, Boyer Law Firm can help.
We are equipped to handle any disputes that may arise under the Uniform Commercial Code (UCC), the Florida consumer credit law, or the common law of contracts. We represent all creditors, including banks, credit card companies, business owners, business professionals, and more.
Boyer Law Firm works closely with our clients in order to understand their debt recovery objectives, including their comfort level with civil litigation and post judgment measures, such as wage garnishments and asset seizures. We also work with them to discover the collection approach that best fits their needs. Our experience and understanding of Florida commercial and consumer debt collection allows us to aggressively pursue your objectives and maximize the likelihood that your judgment will be paid.
Some Ways a Judgment Can Be Enforced
- Levy and attachment of real estate
- Garnishment of wages
- Placing and enforcing liens on debtor’s property
- Replevin (recovering possession of personal property)
- Conducting post-judgment discovery to locate assets
Debt Collection for Debtors & the FDCPA
Debt collectors are required to abide by strict rules under both Florida and Federal Law, such as the Fair Debt Collection Practices Act (FDCPA), in order to protect the consumer and the American credit system. The debtor must give the consumer a 30 day notice of their right to dispute the debt within five days of the first communication.
If the consumer provides a written notice of his intention to dispute the debt, the debt collector MUST stop all collection activities until it obtains and provides the consumer with verification of the debt. If you do not dispute the debt, but you ask the debt collector to stop all contact, he can only contact you one more time to inform you of whether the debt collection agency intends to file a lawsuit.
How can a Fair Debt Collection Attorney Help Me If I am Being Harassed?
If a debt collector engages in collection practices that are against the law, then you have a right to sue the collector for damages and a penalty of up to $1,000. If you prevail, the debt collector must also pay attorney’s fees and court costs.
Under the Fair Debt Collection Practices Act (FDCPA), debt collectors cannot:
- Call you an unreasonable number of times
- Call you at any unusual time or unusual place
- Disclose information about your debts to third parties
- Use profane or other abusive language
- Contact you after written notification that you do not want to be contacted any further
- Claim to be affiliated with any governmental organization
- Misrepresent the character, amount or legal status of a debt
- Threaten to take any action that cannot be taken legally
- Accuse you of having committed a crime
- Threaten or communicate false credit information
- Use deceptive methods to collect debts
- Call you before 8:00 a.m. or after 8:00 p.m.
- Call you, but not announce who they are
- Talk to your employer about your debt
- Continue collection efforts until honoring a request by you to validate the debt
How Can a Debt Collection Attorney help me if I’m Being Sued by a Collection Agency?
If you intend to dispute the debt in question, Boyer Law Firm can help. We can negotiate with the creditor in order to lessen your debt or arrange reasonable payment schedules, or we can defend you in any of the Florida courts if you are being sued by a creditor.
Note: We do not defend debtors in small claims court (less than $5,000), but WE DO REPRESENT DEBTORS WHO ARE BEING HARRASSED FOR ANY AMOUNT OF MONEY.
Related Services
- Civil Litigation Overview
- Breach of Contract
- Commercial Litigation
- Partnership Disputes
- Tortious Interference with a Business Relationship
- Unfair Competition and Deceptive Trade Practices
- Breach of Fiduciary Duty
- Civil Fraud and Misrepresentation
- Debt Collection
- Fraud in the Inducement
- Unjust Enrichment
- Domestication of Out-of-State & Foreign Country Judgments
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