Law Offices of Paul A. Humbert PL

Products And Services

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  Domestication of Foreign Judgments Lawyer

  The Enforcement of Foreign Judgments process can be burdensome to creditors. Let our Domestication of Foreign Judgments Firm guide you by providing you with legal and professional advice.

  Link: Domestication of Foreign Judgments Lawyer

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  Asset Searches : Debt Collection Lawyer

  Step one before even writing a demand latter to a defendant is to run an asset search, even if just a preliminary skip trace. The sobering reality is that some defendants are simply uncollectible, no matter how aggrieved a creditor may feel. “Debtor prisons” do not exist in the United States. This means that no matter how worthy the cause of the plaintiff, if the defendant/judgment debtor does not have the funds to pay a judgment, then there is little that can be done. A thorough asset search early on in the process can provide valuable insight as to whether it is worth ever filing suit.

  Link: Asset Searches : Debt Collection Lawyer

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  Proceedings Supplementary : Florida Creditor Collection

  Proceedings supplementary is the “hidden gem” of post-judgment collection tools for creditors in Florida. We are truly amazed at how little this statute is used by creditors (and their attorneys) to collect Florida judgments. Governed by Florida Statute 56.29, the Florida proceedings supplementary statute provides an absolutely potent tool for a judgment creditor to claw back fraudulent transfers of judgment debtors.

  Link: Proceedings Supplementary : Florida Creditor Collection

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  Writs Of Garnishment : Garnishment Lawyer

  Writs of garnishment most often involve the freezing of a debtor’s bank account, and since money is so very fungible, it is absolutely imperative that an attorney be seasoned in this field before undertaking representation of a client in a garnishment. This goes for both creditor and debtor’s counsel. Garnishment in Florida is a creature of statute, and is unknown at common law. Governed by Florida Statute §77, garnishments in Florida are a trap for the unseasoned collections attorney or pro se creditor.

  Link: Writs Of Garnishment : Garnishment Lawyer

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  Executions Of Real and Personal Property : Debt Collection Lawyer

  Governed primarily by Florida Statute § 56 the levy and execution process in Florida is an effective collections tool for recovering an unpaid judgment. Unfortunately, many creditors (and their attorneys unfamiliar with this area of practice) miss crucial initial requirements for properly recording their judgment, which inhibit and delay execution proceedings. It is important to have an attorney who is experienced in this area by your side.

  Link: Executions Of Real and Personal Property : Debt Collection Lawyer

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  Charging Orders and LLC : Debt Collection Lawyer

  When attempting to enforce a judgment in Florida, a creditor may discover that the judgment debtor has a membership interest in a Florida limited liability company (LLC). The procedure for executing on that membership interest involves the imposition of a charging order by the court.

  Link: Charging Orders and LLC : Debt Collection Lawyer

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  Foreclosure Litigation : Foreclosure Lawsuit

  Foreclosure is the mechanism for a secured lender to seek recourse against a borrower’s collateral to satisfy the indebtedness to the lender. The foreclosure process in Florida can be a long one, as any seasoned banker or attorney can attest to. Our foreclosure attorney will work diligently to make sure our client's recover their secured collateral efficiently.

  Link: Foreclosure Litigation : Foreclosure Lawsuit

• Pursuit of Deficiency Judgments : Litigation Lawyer

  In Florida, the determination of a deficiency judgment is calculated by taking the final judgment of foreclosure amount, less the fair market value of the foreclosed property on the date of the foreclosure sale. In steady economic times, deficiency judgments should be rare, as presumably banks would underwrite mortgage loans with sufficient loan to value ratios to cover the difference in the event of a foreclosure.

  Link: Pursuit of Deficiency Judgments : Litigation Lawyer

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  Receivership & Assignment Of Rents Litigation Lawyer

  Receiverships are often times a product of commercial foreclosures in Florida, although they also have applicability in partnership disputes and other forms of litigation. Also, most commercial mortgages in Florida contain an “assignment of rents” provision.

  Link: Receivership & Assignment Of Rents Litigation Lawyer

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  Commercial Contract Disputes : Commercial Litigation Lawyer

  Disputes amongst businesses arise all the time. Whether it be a partnership dispute, the interpretation of a limited liability company operating agreement, or a breach of contract claim, hiring an attorney focused on business law and business litigation is important for fostering a resolution.

  Link: Commercial Contract Disputes : Commercial Litigation Lawyer

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  Unpaid Invoices / Accounts Stated : Collection Law Firm

  Much business to business (B2B) commerce involves the sale of goods on credit. A vendor may supply merchandise or services to a client, with the expectation of payment at a later date. Unfortunately, many businesses have experienced the pain of not being paid on time. Failure to timely service accounts receivables drive many otherwise feasible companies out of business. Our experienced attorneys will help you through the process of ensuring timely payment for goods and services rendered.

  Link: Unpaid Invoices / Accounts Stated : Collection Law Firm

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  Replevin Law : Lawyer for Replevin Case

  Replevin is relatively obscure, yet very powerful tool for aggrieved secured creditors. Governed by Florida Statute 78 and a scattered body of Florida common law, replevin is the method by which a secured creditor can quickly recover collateralized property in the hands of a non-paying defendant. Replevin is often used to recover items of personal property (i.e. equipment or inventory).

  Link: Replevin Law : Lawyer for Replevin Case

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  FDCPA, FCRA and Other Consumer Protection Litigation Lawyer

  The Fair Debt Collection Practices Act, known as the FDCPA, is a federal statute governing debt collectors. Codified in 15 U.S.C. §1692, the FDCPA seeks to eliminate abusive debt collection practices by debt collectors. This serves the dual purpose of protecting consumers as well as honest debt collectors who do not engage in abusive collections tactics.

  Link: FDCPA, FCRA and Other Consumer Protection Litigation Lawyer

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  Credit Damage Enforcement Claims : Commercial Litigation Lawyer

  When a violation of the FCRA occurs, an often overlooked cause of action available to an aggrieved consumer is for damage of credit. At Law Offices of Paul A. Humbert, P.L. we work closely with leading experts in this field, who can determine whether additional recovery is possible when damage to credit has been done.

  Link: Credit Damage Enforcement Claims : Commercial Litigation Lawyer

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  Commercial Fraud Claims : Lawyer for Business Fraud

  Unfortunately, not everyone is honest and forthright both in business and personal dealings. Often time the greed and over-zealousness of some work to the extreme detriment of others. Whether it be a frivolous stop payment on a check or the forging of a real estate document, fraud claims demand immediate and prompt attention. At Law Offices of Paul A. Humbert, P.L., we have successfully recovered millions of dollars for fraud victims.

  Link: Commercial Fraud Claims : Lawyer for Business Fraud

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  Landlord / Tenant Evictions and Disputes : Landlord Tenant Lawyer

  Landlord/tenant disputes are statutorily governed in Florida, primarily by the dictates of Florida Statute §83. Proper navigation of the statute and rules of court will assist in an expedited eviction for a landlord. However, failure to follow the strict mandates of the statute can be devastating for a landlord, who may not only be unable to evict, but also responsible for the tenant’s attorney’s fees and court costs.

  Link: Landlord / Tenant Evictions and Disputes : Landlord Tenant Lawyer

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  Real Estate Litigation : Litigation Lawyer

  South Florida’s economy is increasingly tied to the real estate industry. With the economic benefits of this also come the disputes between parties. Whether it be a dispute concerning the provisions of a purchase and sale agreement, or real estate title dispute, we can help.

  Link: Real Estate Litigation : Litigation Lawyer

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  State and Federal Appeals Lawyer

  At Law Offices of Paul A. Humbert, P.L., we have litigated appeals in Florida as well as the United States Eleventh Circuit Court of Appeals. Our attorneys can guide you through the process of a federal or state court appeal.

  Link: State and Federal Appeals Lawyer

• Filing Proof of Claim : Claim Against Debtor

  If a creditor (whether secured or unsecured) has a claim against a debtor who has filed for bankruptcy (whether the bankruptcy is a Chapter 7, 11, or 13), the creditor is entitled to file a proof of claim in the bankruptcy case to show that the creditor has a valid claim against the bankruptcy estate.

  Link: Filing Proof of Claim : Claim Against Debtor

• Obtaining Relief From Automatic Stay : Debt Collections Lawyer

  Almost always, an automatic stay is imposed when a debtor files for bankruptcy – meaning all collection efforts must immediately stop. In many instances, a creditor will need to obtain relief from the automatic stay pursuant to 11 U.S.C. § 362, through the bankruptcy court, in order to take action against the debtor or property of the debtor’s bankruptcy estate. There can be grave consequences against a creditor who continues pursuit of a debtor after the debtor files for bankruptcy, including sanction by the bankruptcy court.

  Link: Obtaining Relief From Automatic Stay : Debt Collections Lawyer

• Pursuit of Discharge and Non-Dischargeability Actions

  Debtors file for bankruptcy with hopes of receiving a discharge. Creditors have certain means to block the debtor’s discharge (controlled by 11 U.S.C. § 727) and/or the dischargeability of the creditor’s particular debt (controlled by 11 U.S.C. § 523). There are strict time limitations that must be abided by, which is why it is important to seek counsel upon being notified that a debtor has filed bankruptcy and listed you as a creditor.

  Link: Pursuit of Discharge and Non-Dischargeability Actions

• Objections To Confirmation : Debtor Plan

  In a Chapter 11 and 13, the debtor proposes a plan that needs to be confirmed by the bankruptcy court. There may be certain reasons why a creditor does not agree with the plan and wants to stop it from being confirmed.

  Link: Objections To Confirmation : Debtor Plan

• Dismissal of Bankruptcy for Bad Faith Filing

  There is rampant abuse of the bankruptcy system and a debtor may file for bankruptcy numerous occasions, simply to thwart the collection efforts of an active/aggressive creditor.

  Link: Dismissal of Bankruptcy for Bad Faith Filing

• 2004 Examination of Judgment Debtor : Creditor Bankruptcy Lawyer

  Within a bankruptcy case, a creditor is entitled to take the deposition of the debtor. The process is similar to depositions in a traditional state court post-judgment sense, but Rule 2004 of the Bankruptcy Rules of Procedure offers tremendous latitude for the creditor. Creditors are allowed to examine the debtor concerning many facets of the debtor’s finances. This can be useful to determine if fraudulent transfers occurred between the debtor and third parties prior to the debtor filing bankruptcy.

  Link: 2004 Examination of Judgment Debtor : Creditor Bankruptcy Lawyer

• Adversary Proceedings and Contested Matters

  Adversary proceedings are often brought by the trustee in a chapter 7 bankruptcy (or a debtor in possession in a chapter 11) but can also be brought by aggrieved creditors. Fraudulent transfers by a debtor shortly before filing bankruptcy would be an impetus for a trustee filing an adversary proceeding against third party transferees of the debtor. Contested matters, although similar to adversary proceedings, do not require the filing of a separate lawsuit, but rather are litigated in the underlying bankruptcy case.

  Link: Adversary Proceedings and Contested Matters

• Bankruptcy Appeals : Creditor Bankruptcy Representation

  Bankruptcy appeals are more complicated than traditional appeals. This is because jurisdictionally, there can be multiple levels of appellate courts, including an appeal to a bankruptcy appellate panel or local district court, prior to appealing to the circuit court of appeals.

  Link: Bankruptcy Appeals : Creditor Bankruptcy Representation