The attorneys at the Irons Law Group are highly experienced with debt collection matters. We specialize in commercial collection cases on behalf of Merchant Cash Advance (“MCA”) creditor clients, and prides ourselves on only working with the greatest and most aggressive legal minds to best achieve the desired results. By delivering astute legal counsel and assertive representation required to protect and defend creditors’ rights in today’s unpredictable economic climate, we offer the shrewd and staunch advocacy your business needs to safeguard its interests. Sometimes these cases are resolved quickly through an attorney’s demand letter to the non-paying party, but more often these cases require intensive legal strategies, including the filing of a complaint, contested discovery, extensive motion practice, trial, and appeals, etc. Some debtors try to avoid payment to our clients by closing one business entity and starting a new one. These tactics to avoid payments are often fruitless as the newentity is a mere alter ego of the former business that is still responsible for the debt owed to the creditor.
In addition, obtaining a judgment for our creditor clients is not enough to obtain payment. It is often necessary to pursue post-judgment collection proceedings, including depositions in aid of execution, garnishment proceedings, and proceedings supplementary, wherein third parties that may have received property from the judgment debtor may be pursued. We will also often have to sue a new business entity that the original principal opens using a family or friend, under the cause of action for fraudulent conveyances. In addition, we work with large commercial (non-legal) full-scale debt collection and receivables management companies that are intricately aware of the unique industry, and more importantly, the unique debtors that make up the MCA space, in circumstances where those companies expertise size can add value.
The Irons Law Group also represents MCA creditor clients outside of Florida in collecting debts from non-paying parties located in Florida. When attempting to collect a foreign judgment in Florida (foreign meaning another state in the United States), specific domestication and recording rules must be adhered to. Furthermore, many of these collection type cases are pursued into bankruptcy court. The chapter of the bankruptcy code that the bankruptcy case is filed under will determine the nature and amount of legal work necessary for the judgment creditor client. Attorneys at the firm have been involved in filing proofs of claim, litigating contested proofs of claim, and voting based upon proofs of claim in Chapter 11 cases.
