FAQ — United States FAQ — International Clients
USA Business Clients
Q. What is the length of time for a typical collection case from inception to conclusion?
Q. Can you describe the basic steps that are involved in the litigation process in Florida?
Q. Is it possible to quickly resolve a claim without the time and expense of litigation?
Q. Does CreditorCollections, A Law Firm, handle cases throughout the entire state of Florida?
International Business Clients
Q. Can CreditorCollections, A Law Firm, assist me in collecting claims throughout the United States?
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 another business/commercial claim?
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.
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 30 days.
Q. Can you describe the basic steps that 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 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 nonbinding 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.
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.
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.
Q. Does CreditorCollections, A Law Firm, 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.
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 another 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.
Q. Can CreditorCollections, A Law Firm, 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.
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.
At CreditorCollections, A Law Firm, our commercial collection attorney has the experience, skill and ingenuity to recover your unpaid debts. Contact us online or call 561-683-5900 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 or Orlando, contact us to discuss your case in a free initial consultation. We also handle international debt collection cases in other states in the U.S.
