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Creditor Disputes and Remedies

Creditor Law

I handle all forms of creditor disputes. Suing, winning at summary judgment or trial and obtaining a final judgment for money damages against a defendant, does not mean the defendant has to pay. You have to use the law to make the defendant pay.

Collecting Debt

Fortunately, the law gives you rights which help you collect, such as attachment of assets, garnishment of wages, gal proceedings to find assets, and seizure of fraudulently transferred assets. If the debtor files for bankruptcy, you have rights and remedies which can be enforced under certain circumstances. Sometimes, a company is used to improperly or fraudulently mislead or deceive a creditor, and in that event, Florida law says that the corporate “veil” can be “pierced”, so that its shareholders are responsible for the company’s debt. Proving this is not an easy task. It depends on the presence of certain facts, such as if the shareholder uses the corporate bank accounts as his own, mixes his own money in with the company’s money, or buys personal items with business funds. Just the threat of piercing the corporate entity is sometimes enough to get you paid.