Litigation can bring a lot of headaches for a business and the discovery process can certainly be one of them. The vast majority of the discovery process is dealing with a party’s electronically stored information, or “ESI.” Due to the times we live in, the amount of relevant electronic evidence […]
Obtaining a judgment is only half the battle. The victorious party still needs to collect on that judgment. When garnishing bank accounts doesn’t work and assets aren’t readily available to seize, clever creditors attorneys have obtained the debtor’s interest in other litigation to help settle the outstanding debt. The following […]
Businesses often do not learn that they are in violation of the Americans with Disabilities Act (ADA) until they are hit with a lawsuit from a disabled person. At that point, some business leaders think that it is too late to do anything to help minimize their liability. However, there […]
Many business owners have likely heard of small claims court, but are thankfully unfamiliar with it. I say “thankfully” because the usual way a business owner experiences small claims court is over an outstanding account receivable, or because a disgruntled customer or employee has a grievance (possibly of a dubious […]
Often times the most challenging part of operating a business is ensuring you’re getting paid for your efforts. As a business chugs along month after month, it’s inevitable that a stack of past-due accounts receivables eventually grows. This is an unfortunate situation in which even the most business-savvy entrepreneurs find […]
Under Florida law, there are maximum interest rates that lenders may charge. Any loan with interest in excess of the specified limit is subject to either civil or criminal usury, which means that the lender may have to pay significant penalties or forfeit the right to collect on the loan. […]
The debt collection process is based upon a creditor’s right to repayment from the liquidation of a debtor’s assets. In Florida, there are many judicial procedures available, which allow creditors to identify, seize, lien, levy and force the sale of a debtor’s assets in order to satisfy the indebtedness owed […]
Consumer products often include some form of written warranty. Depending on the type of product, that written warranty may be governed by the requirements of the Magnuson-Moss Warranty Act (“Magnuson-Moss Act” or “Act”). The Magnuson-Moss Act was enacted to protect consumers and to prevent deception in certain types of written […]
One of the biggest legal mysteries for non-lawyers, even for experienced and sophisticated businesspeople, is the process of arbitration. The term gets used a lot, but few actually know what the process entails, and most people are usually apprehensive about going through an arbitration in a way they aren’t with […]
Congratulations! The court has ruled in your favor and awarded a favorable judgment. However, there is no contact with the defendant and it’s not clear what assets are in play. Therefore, you need an effective plan on how to aggressively collect the judgement due–but without violating federal or state laws […]