Credit and collections

AuthorSteven F. Samilow
§5:01 Undertaking the Representation
§5:02 Def‌iciency Judgments
§5:03 Statute of Limitations
§5:04 Statute of Limitations—Def‌iciencies in Residential Foreclosures
§5:05 Statute of Frauds
§5:06 Debt Collection Information and Investigation
§5:07 Creditor’s Standing
§5:08 Initial Client Meeting—Consumer Debtor
§5:09 Attorney’s Fees
A. General Points
§5:20 Asset Protection Planning
§5:21 Ethics and Professionalism in Debt Collection
B. Fair Debt Collection Practices Act
§5:30 Abusive, Deceptive and Unfair Practices
§5:31 Creditor-Debtor Communication
§5:32 When a Debtor Disputes a Debt
§5:33 Private Right of Action
§5:34 Damages and Attorney’s Fees in Civil Actions
§5:35 Debt Collectors
§5:36 Attorneys as Debt Collectors
§5:37 Mortgages and Other Security Interests Are Not Debts Under the Act
§5:38 Administrative Enforcement
C. Florida Consumer Collection Practices Act
§5:50 Regulation of Collection Practices
§5:51 Threats, Coercion, Misrepresentation and Harassment
§5:52 FCCPA Applies to Any Person and Not Just to Debt Collectors
§5:53 Civil Remedies Including Damages and Attorney’s Fees
§5:54 Attorneys Are Subject to the Act
§5:55 Enforcement by Off‌ice of Financial Regulation
§5:60 General Points
§5:61 Foreign Judgments
§5:62 Out of Country Judgments
Florida Small-Firm Practice Tools 5-2
A. Real Property
§5:70 A Recorded Final Judgment Creates a Lien Upon Realty
§5:71 Duration and Renewal of the Judgment Lien
§5:72 Renewal of Judgment Lien Process
B. Personal Property
§5:80 Judgment Lien Certif‌icate
§5:81 Priority of Competing Judgments
§5:82 Duration of Judgment Lien
§5:83 Duration of Judgment Lien—Child Support/Tax Obligations
§5:84 Requirements of Original Judgment Lien Certif‌icate
§5:85 Requirements of Second Judgment Lien Certif‌icate
§5:86 Duties of the Department of State
C. Renewal of Judgments
§5:100 General Points
§5:101 Merits of Original Action Are Not Relitigated
§5:102 Waiver of Defenses
§5:103 Ef fect of the Action on the Judgment
A. Execution of Judgments
1. Obtaining a Writ of Execution
§5:110 General Points
§5:111 Timing for the Issuance of a Writ
§5:112 The Writ
§5:113 Duty of Executing Off‌icer
2. Exempt Property
§5:120 General Points
§5:121 Personal Property
§5:122 Wages
§5:123 Real Property/Homestead Protection Generally
§5:124 Exclusions from Homestead Protection
§5:125 Proceeds from the Sale of the Homestead
§5:126 Scope of the Homestead Protection
§5:127 Homestead Protection Effect on Judgment Liens
§5:128 Waiver
§5:129 Relation to Other Exemptions
3. The Execution Sale
§5:140 General Points
§5:141 Wrongful Execution
§5:142 Secured Creditors and Execution
B. Attachment
§5:150 Purpose and General Use
§5:151 Grounds for Debts That Are Due
§5:152 Grounds for Debts That Are Not Yet Due
§5:153 Grounds for Debts That Are Subject of Foreclosure
§5:154 Procedure
§5:155 Bond
§5:156 The Writ
§5:157 Replevy of Attached Property
§5:158 Dissolution of the Writ
§5:159 Bond for Return of Property
5-3 Credit and Collections
C. Garnishment
§5:170 When to Use Garnishment After Judgment
§5:171 Applying for a Writ of Garnishment
§5:172 Notice to the Judgment Debtor of Garnishment
§5:173 Service of the Writ on the Garnishee
§5:174 Acceptance of Service by Garnishee
§5:175 Garnishee’s Duties
§5:176 Continuing Writ of Garnishment for Wages
§5:177 Exemptions
§5:178 Waiver of Exemptions
§5:179 Attorney’s Fees
§5:180 Garnishment by a Federal Agency
§5:181 Garnishment Against Interest in Limited Liability Company
§5:182 Prejudgment Garnishment
D. Post-Judgment Discovery
§5:190 Post-Judgment Discovery Takes Place in the Same Suit
§5:191 Types of Discovery
§5:192 Form 1.977 Fact Information Sheet
E. Proceedings Supplementary to Execution
§5:200 General Points
§5:201 Fraudulent Transfers
§5:202 Other Uses of Proceedings Supplementary
§5:203 How to File Proceedings Supplementar y
§5:204 Time for Filing Proceedings Supplementar y
§5:205 Remedies
§5:206 At torney’s Fees
§5:207 Personal Jurisdiction
F. Other Creditor Remedies
§5:220 Fraudulent Conversion to Exempt Asset
§5:221 Uniform Fraudulent Transfer Act
Form 5:10 Intake—Debts
Form 5:20 Contract for Employment—Collections/Contingency
Form 5:30 Unfair Debt Collection Practices Letter
Form 5:40 Collections Letter
Form 5:50 Letter to Client Post-Judgment
Form 5:60 Motion for Writ of Garnishment
Form 5:70 Writ of Continuing Garnishment
Form 5:80 Garnishment Notice
Form 5:90 Garnishee’s Answer
Form 5:100 Writ of Execution
Form 5:110 Writ of Execution Letter to Clerk
Form 5:120 Writ of Execution Letter to Sheriff
Form 5:130 Request for Production—Collections
Form 5:140 Interrogatories to Judgment Debtor
Form 5:150 Checklist—Collections
Form 5:160 1.977 Fact Information Sheet
Form 5:170 Motion for Proceedings Supplementary
Form 5:180 Aff‌idavit In Support of Proceedings Supplementary

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