We’ve had such an overwhelming response to our recent journal posts that we decided to a short FAQ, regarding questions people/colleagues have had regarding collection law and our practice. The FAQ’s will be answered by Andre Law Firm P.A. founder and managing shareholder Tony Andre.
Q: What is the hardest collection you ever did?
A: We are currently in it now. It involves a Debtor who was in the national news cycle in 2019 involving the then president of the United States (the debtor is NOT the former president). We had been trying to collect against the Debtor in that case for some time before the 2019 controversy and the case is still not wholly resolved and still has a way to go. It’s been a grueling ordeal, but the funnest case I’ve ever had also.
Q: What is the best part of Collections law
A: Achieving a tangible result for the client. The system can be so messed up when your client through no fault of their own loses money to a debtor who refuses to pay (and often can) after a litigation produces a judgment. Getting a result for the client makes the practice rewarding, because I know how frustrating the whole process was for them.
Q: What is the most frustrating part of collection law?
A: Florida is a debtor-friendly state! You always have to view collections from that lens. The laws favor the debtor generally so you usually have to go into court well briefed and laser focused because there are many avenues for the debtor to get out of paying. That being said, it is incumbent to be aggressive for your clients and put the Debtor on notice that they have a fight ahead of them, and they ought to work it out.
Q: Does Andre Law Firm have any other practice areas?
A: Yes! Our firm is a general commercial litigation and business law practice first and foremost. Tony Andre, Esq. learned under great legal minds in the area of creditor’s rights and commercial law. He also practices creditor’s rights, commercial landlord tenant law, business law litigation, employment, and general civil matters.
Q: When you get a new collections case do you serve a demand letter?
A: Post judgment? No, as a general matter. We almost always let our actions do the talking, that being said there’s a time and a place for everything. This practice takes a lot of creativity, so you never rule anything out. We like to usually “take a shot across the bow” in the form of some sort of targeted collection effort for maximum effect.
Q: Can you depose an individual debtor’s family members in aid of executing a judgment?
A: If it’s relevant.
Q: What do you think is the most important part of post judgment collection work?
A: Information (mostly in the form of discovery!). We speak to this in a prior post.
Q: How long has Tony Andre practiced law?
A: I have been a member of the Florida bar since September 2007 and have worked continuously since then. I am also admitted to New York (2010) but do not practice in that jurisdiction very much.
Q: Have you ever collected a judgment in another country?
A: A few times! Most notably we domesticated and enforced a judgment from Florida in Egypt and was able to collect on it. It was a really interesting process! Time consuming for sure.
Q: What’s the weirdest thing you ever levied?
A: The Unites States Patent for an anti-snore pillow. I will undoubtedly write about this in a future blog post, it was a really fun collection.
Q: Do you do debtor’s work?
A: Not really, too many conflicts, but we are always willing to talk about a case.