CREDITORS RIGHTS AND COMMERCIAL COLLECTIONS
Our creditor’s rights practice generally includes providing assistance and legal services in the area of collecting debts, including work-out arrangements, judgment and post-judgment enforcement actions, real estate foreclosures, Uniform Commercial Code dispositions and similar proceedings.
In the arena of creditor rights, Caserta & Spiriti understands and appreciates that securing a judgment is typically the first and often simplest of the steps necessary in providing the client with a solution. In furtherance of the firm’s dedication to providing quality services and achieving solutions that meet client needs, Caserta & Spiriti is experienced with the most complex post-judgment collection processes, including writs of execution, garnishment and other enforcement mechanisms, court actions designed to enforce judgments against debtor assets, and matters involving fraudulent conveyances and transfers or preferences.
Caserta & Spiriti represents all creditors, including banks, community and homeowners associations, secured and unsecured creditors, and business professionals. Examples of the collection, litigation, and enforcement matters we regularly handle are the following:
Bank loans secured by inventory, accounts receivable, motor vehicles, equipment, goods, real estate, or investment securities
Enforcement of a personal guaranty or pledge
Open accounts for inventory sales based on credit transactions
Breached contracts for supply of materials or provision of services
Unsecured loans and private financing agreements
The skilled legal professionals at Caserta & Spiriti work closely with clients to best discover their debt recovery objectives, including their comfort level with civil litigation and post judgment measures (e.g. wage garnishments and asset seizure). After discussing with clients the debt collection approach that best fits their individual and business needs, our collection attorneys aggressively pursue client objectives in the most efficient manner possible.
Our experience with and understanding of Florida commercial and consumer debt collection can help maximize the likelihood that your judgment will be paid. Caserta & Spiriti ’s creditors’ rights and collections experience has enabled the firm to develop internal systems and processes through integration of specialized technology and well trained collection professionals that ensure collections claims are processed and prosecuted in a timely and organized fashion regardless of amount in controversy.
At all times in the process, our firm will push to reach a mutually acceptable payment plan with the debtors, intended to benefit both the client, who will be able to recover certain needed funds immediately, and the debtor, who may not be able to bring their account current in one lump sum. Of course, throughout the entire collections process, our clients drive the ship and make all ultimate decisions based on information gathered from Caserta & Spiriti ’s counsel.
Make no mistake, the legal pursuit of collections is not as easy as making a phone call or sending a letter demanding payment in full. There are austere legal guidelines that must be followed in regards to damage calculations and the amount of interest, late fees, and attorney’s fees, if any, that can be charged in a commercial A/R collection. While most commercial contracts (and sometimes Florida statutes) often mandate that the delinquent debtor reimburse the creditor’s costs and legal fees, our firm provides front-end counseling to its creditor clients regarding the potential defenses and counter-claims available to putative defendants that could result in the creditor being responsible for reimbursement to the debtor for his or her attorney’s fees and costs. At matter inception, every account placed is given a thorough risk management assessment by our legal professionals and prosecuted in a way that minimizes or completely mitigates your exposure to liability.
For more information about our practice, or to discuss your legal concerns with a lawyer who understands creditors’ rights and commercial collection law,
Joseph A. Spiriti Jr., represents clients in general business matters, with specialized experience in contract negotiation, debt collection, business infrastructure and transactions, real estate, and entertainment transactions and litigation.View Attorney Profile
Robert L. Mellinger, has over 33 years of experience as an attorney, having been admitted to practice law in California, New York, Pennsylvania and Florida as well as several U.S. Federal Jurisdictions, including the Supreme Court of the United States of America.View Attorney Profile