Collections

 

Lex Concordia understands that cash is the life-blood of your business.  As such, you can count on Lex Concordia to move fast and aggressively to recover what you are owed as quickly as possible.  We collect on everything from unpaid invoices and promissory notes to unpaid final judgments, and our collection techniques are always tailored to your specific needs.  If you are not being paid, you can be confident that we will use every available method to recover what you are owed, while not losing sight of your business’ overarching needs.

Past Due Accounts

While on your books every past due account looks the same, we know that in real life a one-size-fits-all approach to collections does not work.  The solvency of your debtor, long-term effects on your business relationships, and last, but not least, your business’ own financial situations are just some of the factors to consider when you are trying to determine the right line of attack in your particular situation. For example, collecting a small amount from your best client with whom you have an ongoing business relationship will not be treated in the same manner as collecting a large amount from a one-time client that you will never see again.  We at Lex Concordia will help you decide on the right strategy for each debtor and pursue your claim aggressively.  Our services include:

  • Writing Demand Letters
  • Filing Lawsuits against Your Debtors
  • Procuring Prejudgment Writs of Attachment and Garnishment
  • Obtaining Post-Judgment Writs of Garnishment and Execution

We will also work with you to implement procedures and draft contracts for your business that will help prevent or mitigate future past due accounts and keep your cash flow more consistent.

Enforcement of Judgments

Collecting on a final judgment can often be as challenging as obtaining that judgment in the first place. In order to avoid paying a judgment, a debtor may attempt to transfer all of its assets to a third-party, or cease operations and open an identical business with a different name and identity. Through a process called proceedings supplementary, we will work to set aside transfers made by the debtor to third parties (forcing third parties to turn over any of the judgment debtor’s assets to you to satisfy your judgment) and to collect from new businesses or entities that are a continuation of the debtor’s old business. In situations where a debtor refuses to pay a judgment and has taken efforts to make collecting difficult, we will work to get you paid as quickly and as efficiently as possible.

Enforcing Out-of-State Judgments

Lex Concordia will work with out-of-state individuals or businesses trying to collect from a debtor located in Florida. Regardless of where you are in the process, we can help. We are more than willing to meet with you via video conference and receive documents via e-mail or mail, so that you can avoid having to travel to Florida unless it becomes absolutely necessary to the collection. If you have already received a judgment against a debtor in another state, but that debtor and its assets are now in Florida, we will work to domesticate the judgment so that you can start collecting as soon as possible.

International collections

At Lex Concordia, we work with you to determine a strategy that best fits your needs to collect debts from a debtor not located in your home country. First, we will explore whether an amicable out-of-court solution can be found. If it does not appear that the debt can be resolved out-of-court, then we will examine where it would be best to file your claim (your home country or the debtor’s home country). The strategy on where to file your claim (assuming an option is available) is largely based on how the countries in question treat each other’s judgments, the time it will take to go through each country’s court system, and where the debtor has the most assets. If a claim needs to be filed outside of the United States, Lex Concordia has extensive relationships with attorneys in many different countries, and we will work to find you foreign counsel who share Lex Concordia’s mission of outstanding, customized legal service, personal relationships, and value creation.

Debtors In Bankruptcy

A common collection problem occurs when a debtor files for bankruptcy. As bankruptcy courts have an order to how creditors are paid, we encourage our clients to take action immediately when they see signs of financial distress in a business partner. Specifically, we will work with you to try and secure as many claims as possible from customers/debtors before formal bankruptcy proceedings are started. If the situation has already progressed beyond that point and you have received a letter informing you of a debtor’s bankruptcy filing, we will assist you in filing your claims to help you recover what you are owed. In case you have received payments from the debtor within 90 days of its bankruptcy filing, it may also be necessary to develop a strategy that prevents you from having to return that money. At Lex Concordia, we are skilled negotiators who will represent you at creditor meetings, and we will help you to recover as much as possible from debtors in bankruptcy.