However, and unfortunately, often times many of these cases require substantially more legal work, including the filing of a complaint in court to sue the non-paying party, as well as all the other aspects of a typical complex commercial litigation dispute (including contested discovery, extensive motion practice, trial, and appeals). Some debtors try to avoid payment to our clients by closing down one business entity and starting a new one. These tactics to avoid the a debt are often fruitless as the new entity is mere alter ego of the former business, still responsible for the debt owed to the creditor.
Attorneys at the Assouline & Berlowe have litigated matters throughout Florida and other states in order to enforce the firm’s client’s rights. Sometimes these cases are brought in state court but often, provided the amount in dispute is large enough to satisfy the amount in controversy requirements, these cases are brought in federal court in the federal district courts across Florida.
In addition, obtaining a judgment for our creditor clients is not enough to obtain payment. It is often necessary to pursue post-judgment collection proceedings, including depositions in aid of execution, garnishment proceedings, and proceedings supplementary, wherein third parties that may have received property from the judgment debtor may be pursued.
Assouline & Berlowe also represents creditor clients outside of Florida in collecting debts from non-paying parties located in Florida. When attempting to collect a foreign judgment in Florida (foreign meaning another state in the United States), specific domestication and recording rules must be adhered to.
In addition, many of these collection type cases are pursued into bankruptcy court. The chapter of the bankruptcy code the bankruptcy case is filed under will determine the nature and amount of legal work necessary for the judgment creditor client. Attorneys at the firm have been involved in filing proofs of claim, litigating contested proofs of claim, and voting based upon proofs of claim in Chapter 11 cases.
The firm has also been involved in seeking to recover property through pre-judgment proceedings, including replevin, wherein the creditor seeks to freeze an asset before it can be disposed of by a debtor to the detriment of the creditor client.
Attorneys at Assouline & Berlowe have a wealth of knowledge for commercial collections and are well equipped to recover debts owed to you from non-paying parties. Contact Assouline & Berlowe today to discuss any claims you have for debts owed to you.