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“Small” Claim Doesn’t Mean an Unimportant Claim

October 3, 2018 Banking & Financial Services Industry Legal Blog, Florida Business Litigation Blog, Professional Services Industry Legal Blog

Many business owners have likely heard of small claims court, but are thankfully unfamiliar with it.  I say “thankfully” because the usual way a business owner experiences small claims court is over an outstanding account receivable, or because a disgruntled customer or employee has a grievance (possibly of a dubious […]

Handling Delinquent Customers: Legal Action and Collection Methods, Part I

September 28, 2018 Banking & Financial Services Industry Legal Blog, Florida Business Litigation Blog

Often times the most challenging part of operating a business is ensuring you’re getting paid for your efforts.  As a business chugs along month after month, it’s inevitable that a stack of past-due accounts receivables eventually grows.  This is an unfortunate situation in which even the most business-savvy entrepreneurs find […]

Are Actual Fraudulent Transfer Judgments Dischargeable in Bankruptcy?

September 17, 2018 Banking & Financial Services Industry Legal Blog, Florida Business Litigation Blog

While bankruptcy proceedings generally allow individuals an opportunity to discharge many different liabilities, there are some classes of liabilities—such as those involving fraud—that are not dischargeable in bankruptcy.  The Bankruptcy Code (“Code”) prohibits the discharge of “any debt . . . for money, property, [or] services . . . to the extent obtained by . . . false pretenses, a false representation, […]

Fraudulent Transfers 101: What You Need to Know When Following the Money Trail

September 14, 2018 Banking & Financial Services Industry Legal Blog, Florida Business Litigation Blog

The debt collection process is based upon a creditor’s right to repayment from the liquidation of a debtor’s assets.  In Florida, there are many judicial procedures available, which allow creditors to identify, seize, lien, levy and force the sale of a debtor’s assets in order to satisfy the indebtedness owed […]

Magnuson-Moss Warranty Act and Arbitration Agreements

September 10, 2018 Florida Business Litigation Blog, Manufacturing & Distribution Industry Legal Blog, Professional Services Industry Legal Blog

Consumer products often include some form of written warranty. Depending on the type of product, that written warranty may be governed by the requirements of the Magnuson-Moss Warranty Act (“Magnuson-Moss Act” or “Act”).  The Magnuson-Moss Act was enacted to protect consumers and to prevent deception in certain types of written […]

How to Know if Your Website Needs to be ADA Compliant in Florida

July 30, 2018 Communications & Media Industry Legal Blog, Florida Business Litigation Blog, Professional Services Industry Legal Blog

Does your website have to be ADA compliant? Title III of the American’s With Disabilities Act (“ADA”) provides that people shall not be discriminated against on the basis of disability in the “full and equal enjoyment” of goods, services, privileges, facilities or accommodations.  Under Title III, private businesses must make […]

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Charles B. Jimerson
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