Legal Question in Credit and Debt Law in Florida

In Florida, can the holder of a judgment, payable to a d/b/a, require the judgement debtor to pay the obligation with an instrument made payable to his indiviual name ?

The creditor claims that a check, which was given to him over one month ago, and payable to the listed plaintiff, cannot be banked.


Asked on 3/03/10, 5:36 pm

1 Answer from Attorneys
Angelo Marino Angelo Marino Jr. PA

The obligation of the creditor is to insure confidence that the debtor is paying the right entity. The creditor will have to prove the connection between the parties and why it cannot bank the check. It may have to seek court relief. The debtor needs to be protected from a potential subsequent lawsuit or collection efforts. A suggestion is to have all the parties of the creditor entity sign off on a release and an indemnification agreement. This may be a good time also to re-negotiate the debt. Want to know the law? Sign up for our free newsletter on varies areas of the law by sending an email to [email protected] and requesting the newsletter, or go to www.ConsumerLawyerHelp.com.

Read more
Answered on 3/09/10, 5:11 am


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Florida