5 Important Facts about Judgment Collections in Florida and Breach of Contract Cases
A contract is an understanding where one party makes an offer in return for something else. It can be in oral, written form, or implied by the law and prevailing circumstances. It often involves the exchange of money, labor, and services, among other things. For that reason, many cases of breach of contract end up in the claims court.
Here are five things you need to know about collections for breach of contract:
Proving Breach of Contract
Most judgment collection cases happen due to disputes about the fulfillment of the terms of a business contract. In court, the plaintiff has an obligation to show how the defendant breached the contract.
For the court to issue a judgment on the breach of contract, you may have to:
- Provide proof of the identity of the debtor
- Show there was a contract between the two parties
- Demonstrate that you fulfilled your end of the deal
- Show that you did not receive payments
Breach of contract disputes often starts when one of the parties disagrees on aspects of the terms. That’s why you should put together all the relevant documents, letters, and valuations.
Writ of Execution
After obtaining the judgment, the creditor can request the court for a writ of execution. The sheriff of the county will have the power to enforce the judgment and seize assets by:
- Holding any assets owned by the judgment debtor if non-exempt
- Garnishment of checking and savings accounts
- Garnishment of wages, stocks, and bonds
- Receive debts owed to a judgment debtor
- Getting Payment
A judgment collection lawyer needs to work ethically and professionally when obtaining payments from debtors. In breach of contract cases, you need to show the conditions were unfulfilled. But one aspect that can jeopardize your case is the misrepresentation of information.
In some instances, the court may rule that the contract was invalid or fraudulent. That may happen if the plaintiff did not reveal all the relevant information to the defendant during the transaction. At times, the court may deem statements fraudulent even when the error was unintentional (negligent misrepresentation).
Demonstrating Resulting Damages
After you’ve demonstrated that there was a breach of contract, next is to show there were resulting damages. The court may need proof that you, indeed, incurred losses as a result of the breach before obtaining the judgment.
Judgment collections firms use discovery tools to locate debtors as well as their assets. The law firm can obtain documents, request written statements, as well as depositions through discovery tools.
Additionally, the collections law firm will use Skip tracing software to determine whether the debtor is disclosing all information. By looking into their assets, they can get insights into the nature of their financial affairs. The attorney may discover fraudulent transfers and illegal transactions done to avoid collections.
There are many instances where you can resolve the case quickly and amicably with the debtor. When the debtor is uncooperative, the judgment collections attorney can file a suit and collect judgments. Also, it is wise to be flexible because different situations will require varying levels of assertiveness. If you need to issue a demand letter or any other services of a judgment collection attorney in Florida, kindly contact The Law Offices of Noam J. Cohen P.A. today.