PRACTICE AREAS

COMMERCIAL COLLECTIONS

The Law Office of Christine N. Failey, P.A. is a law firm dedicated to commercial collections, serving creditors in the Bay Area and the State of Florida.  

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How many overdue accounts do you have where you've left message after message for the office manager and they haven’t received a single return call? Or how many overdue accounts do you have where the debtor promised you payment, but you've only received a partial payment, or worse yet, no payment at all?

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If this has happened to you, the debtor is avoiding contact, hoping to avoid the obligation, and it’s time to begin the collections process. 

The Law Office of Christine N. Failey's professional negotiating style can result in immediate monies collected, and more importantly, it allows you to maintain an ongoing business relationship with the debtor, it that is desired. Professional and courteous persuasion in conjunction with the threat of protracted and costly litigation can result in the collection of your outstanding debt, while maintaining the potential for future business dealings.  But, The Law Office of Christine N. Failey, P.A. understands that some debtors only respond to a lawsuit. 

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By hiring an attorney you are putting the debtor on notice that you are serious about collecting the debt that is owed.

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There are NO FEES unless we recover money for you.

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POST JUDGMENT COLLECTIONS

Post-Judgment Remedies- All available post-judgment remedies are aggressively utilized for judgment holders in Florida, including garnishment, judgment liens, and proceedings supplementary. You have a judgment from another state?  No problem, under normal circumstances we can get that judgment domesticated in Florida if the debtor ownes property in Florida.

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Garnishments- Under Florida law, a person who has sued to recover a debt or has recovered  a final judgment in any court against any entity may have a right to a writ of garnishment against the debtor's bank account.  

BUSINESS LAW

Incorporate/Organize your Florida Corporation, Limited Liability Company or Fictitious Name, including Corporate changes, modifications, additions or deletions. Our office can also serve as your Corporation's or LLC's Florida required registered agent/registered office.

Let the Law Office of Christine N Failey prepare your business related contracts, including, but not limited to: shareholder agreements, non-compete agreements, employment agreements, shareholders restrictive agreements, sale of future profits, operating agreements and indemnification agreements.

BANKRUPTCY

Filing Bankruptcy can be a daunting financial decision for anyone needing relief from creditors.  But in most situations, filing bankruptcy will provide the debtor a Fresh Start, wipe out debt in as little as 90 days, may improve the debtor's credit scores, and stop creditor harassment.   Credit counseling and Debt settlement may seem like viable options, but these settlement services charge a fee, do not always stop creditors from suing you, the money you may save will be declared as personal income (1099), and your credit score might end up being worse than it was before you started! 

There are two types of bankruptcy that a person may file: a Chapter 7 bankruptcy or Chapter 13 bankruptcy. Chapter 7 is for the person who is so deep in debt they are seeking complete relief of their debts (i.e., a discharge); conversely, a Chapter 13 is for people who believe that with some modifications to their current debt situation, they can work their way out of most or all of the debt, and for those who want to keep their homes.

Chapter 11 bankrutcy is for businesses.  The business would submit a reorganization plan that safeguards assets against repossession or foreclosure and typically requests forgiveness of other debts. 

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The first step in any bankruptcy is making a detailed list of all personal assets, including real estate to see if you qualify for the Means Test. All outstanding debts should also be listed, including debts that are in good standing. Total debt still matters in a bankruptcy case, even though the need for bankruptcy protection can come from a single factor or creditor. The itemized list should be complete, including locating tax returns for the past two years at least. This can be done with help from a bankruptcy attorney who understands the details that may impact developing a workable repayment plan.   

A Chapter 11 filer does not have to pass the Means Test.  The Financial Means test is intended to identify those individuals whose best path to a financial fresh start is a complete discharge of all debts, and those who are able to comply with a Financial Budget Plan that settles debts without full discharge.

Though bankruptcy filings are sometimes of only way to resolve debts, they are generally a final alternative. Before deciding if you or your business should file for bankruptcy, consider steps to repair your debt.

The Law Office of Christine N Failey understands that millions of Americans and American businesses have been negatively impacted financially by the COVID-19 virus.  Now more than ever, if you need immediate relief from creditors, contact the Law Office of Christine N Failey and schedule a free consultation today.