Jacksonville Commercial Collections Attorney
Call The Law Offices of Kate Mesic at (904) 615-8950
Our office represents clients in different industries, such as building contractors, electrical contractors, construction material suppliers, different franchises and many others in a variety of collection cases. We help our clients collect outstanding receivables or assist them with a breach of contract claims. This area of the law is also known as creditor’s rights or collections.
Our Jacksonville business law attorneys take a holistic approach and help our clients minimize collection issues in the future, by reviewing and revising (if necessary) their contracts, leases, credit applications, and credit policies. Our job is to help you make your business as profitable as possible.
Most of our clients are business owner who have outstanding receivables or whose customers have failed to live up to their side of the agreement. In a collections case, our job is to find the best solution for your case. We fully understand that litigation is a very expensive process, so when it comes to collections we take the approach of finding the most cost-effective way to resolve your case. We are prepared to handle your case from start to finish, from filing of a lawsuit to enforcement of your judgment. This means that if you already have a judgment, but have not collected any money, call our office, we will be happy to evaluate your judgment collection case.
Commercial collections can be any business dispute that involves money. Usually it is a case where two companies signed a contract, where one will provide a service or a product and the other refuses to pay for it. The Law Offices of Kate Mesic will assist you in negotiating of a settlement, litigation, and judgment enforcement.
Our Jacksonville business lawyers represent businesses of various sizes on both sides of the litigation process. We can guide you through this difficult time and help you understand the system. We can evaluate your credit application or contract to make sure you are fully protected in case you did have to sue a customer. Your contract or credit application must contain the necessary language about attorney’s fees, interest, and costs.
Most importantly, we always try to settle cases before suit. We will send a demand letter on your behalf and will negotiate a settlement, if possible.
It is very important that the Final Judgment have all the required information in it. Florida Statute 55. 01 requires that the judgment contain the debtor’s address, if known to the plaintiff. It also should include the plaintiff’s address in their as well. Please note that a P.O. Box address cannot be used. Also, the judgment must have the rate of interest at the time of the judgment (Florida Statute 55.03(2)). Why? Because this is the interest you are going to calculate going forward.
For example, if you had a credit application or a contract that provided for 18% interest, you would get that before the entry of the judgment. Once the judgment is entered, you are only entitled to the statutory rate at the time of the entry of the judgment.
Florida Statute 55.03(1) authorizes the Florida Chief Financial Officer to set the interest rate on Judgments on December 1, March 1, June 1, and September 1 of each year.
Every judgment in Florida must be properly perfected in order to preserve your rights. Our Jacksonville business lawyers can make sure that your judgment has been properly perfected and it places liens on both personal and real property of the debtor.
If you have a judgment that has not been enforced, let our experienced attorney begin the collection process. First, we will make sure that your judgment has been properly perfected in the State of Florida, which includes placing liens on personal and real property of the debtor. There could be several avenues for collection, such as garnishment of their bank account, a deposition in aid of execution, or a payment plan with the debtor. Florida judgments are valid for 20 years, but it has to be renewed after 10.
The Statute of Limitations for Enforcing a Judgment in Florida?
20 years to enforce a judgment of a Florida court of record (Fla. Stat. § 95.11(1)). Five years to enforce a judgment of: any Florida court that is not of record; and any court of the US, other state or foreign country (Fla. Stat. § 95.11(2)(a)). The limitations period begins to run when the judgment is rendered (Haigh v. Planning Bd. of Town of Medfield, 940 So. 2d 1230, 1234 (Fla. Dist. Ct. App. 2006)).
If you need legal assistance, contact The Law Offices of Kate Mesic online or call our Jacksonville business law attorneys at (904) 615-8950.