Collecting Unpaid Debt in Florida

Whether you are a private individual who gave a loan or a business that provided a service and has not been paid back, you may find it very challenging to get the money you are owed. A situation like this can be incredibly stressful and difficult to deal with. An individual who is in debt to you and who owes you money but will not pay will undoubtedly make you wonder about your legal rights and options.

There are a couple of things you can do, and what you decide will depend on your specific circumstances. One option would be to have your debt sold to a collection agency. If you do this, you will recover some of it, but the collection agency is going to take their portion, which will mean you will not be able to recover it all. Or, you can file a civil suit against a debtor and take them to court to settle the issue. Florida courts have the power to make an uncooperative debtor accountable for paying their financial obligations.

The Tampa civil litigation attorneys at Fulgencio Law offer legal services for a variety of civil litigation cases, including money-owed matters. If another party owes you money and will not pay, you have the right to sue them for the money that is rightfully yours.

There is a Legal Obligation to Pay

Verifiable debt that another party is refusing to repay may result in a court compelling them to start repayment. Individuals and businesses have a legal obligation to repay their creditors. When they fail to hold up their end of an agreement, then there are ways that the courts can force repayment. 

For example, a court may determine that the non-paying party will have their wages or bank account garnished. If this happens and there is enough money in the debtor’s wages or bank account to satisfy the debt, a creditor may be able to get their full payment immediately. On the other hand, if there is not enough to repay a creditor fully, then overtime money can be taken out of the debtor’s wages or bank account until the debt is paid off. 

However, despite the potential of using garnishment to have a debt repaid, there are specific laws, policies, and limits to know and understand. Florida garnishment laws and federal law must be followed because violations can lead to an inability to recover the money you are owed. Debt collection activities are regulated, and knowing what actions you can and cannot take will preserve your rights to be successful with your case and recover the repayment that is yours. A civil litigation lawyer will know how to navigate the laws and build a strong case that helps you succeed in collecting outstanding money.

Call Fulgencio Law Today

No one wants to be in a situation where money is due, but the payer is uncooperative. If you have an unpaid debt and would like to know the best method for getting the repayment you need, call Fulgencio Law at (813) 463-0123. You can discuss your situation during a free consultation.