Creditors' And Debtors' Practice in Florida
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This manual explores the intricacies of debt collection in Florida for both secured and unsecured claims. Prejudgment and postjudgment procedures are described, as well as issues of exemptions, immunity, bankruptcy, fraudulent transfers, and discovery in aid of execution.
Highlights of the new Seventh Edition:
- Updated case law, statutes, rules and regulations, and forms.
- Hot topics:
- New discussion of a recent judicial conflict regarding actions for accounts stated and the application of F.S. 57.105(7)'s reciprocal awards of attorneys' fees provision.
- Analysis of consumer debt collection and the United States Court of Appeals, Eleventh Circuit’s, recent declaration that voicemail messages constitute initial "communication" under the federal Fair Debt Collection Practices Act (FDCPA).
- Application of Florida Legislature's recent amendment to F.S. 45.031 (Judicial Sales Procedure).
- Updated interest rate adjustments on final judgments.
- Florida Supreme Court's recent decision that post-judgment discovery in aid of execution of a money judgment, entered by a federal court in Florida, is not an action on the judgment subject to the five-year limitations period under F.S. 95.11(2), and is available as long as the judgment is enforceable. Salinas v. Ramsey, 234 So.3d 569 (Fla. 2018).
- Florida Supreme Court’s recent decision that the 20-year limitations period in F.S. 95.11(1), and not the 5-year limitations period in F.S. 95.11(2), applies to the enforcement of a foreign judgment domesticated under the Florida Enforcement of Foreign Judgments Act (FEFJA). Patrick v. Hess, 212 So.3d 1039 (Fla. 2017).
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Table of contents
1. Preliminary Analysis Of Creditors' Claims
Lori V. Vaughan
2. Unsecured Claims
Legal Publications Staff
3. Enforcement Of Secured Claims
Lori V. Vaughan and Megan W. Murray
4. Prejudgment Remedies For Unsecured Creditors
Amy L. Drushal and Stephanie C. Lieb
5. Perfection Of Judgment Liens
W. Patrick Ayers
6. Exempt And Immune Property
Sherry Fowler Chancellor
7. Fraudulent Transfers
Rodney Anderson, Noel R. Boeke, and William Keith Fendrick
8. Considerations Involving Corporations
Jeffrey W. Warren and Adam Lawton Alpert
9. Discovery In Aid Of Execution
Robin S. Trupp
10. Judicial Lien Enforcement
W. Patrick Ayers
11. Extraordinary Remedies
Legal Publications Staff