Kass Shuler Law Firm

09/10/2026

Florida law often allows prejudgment interest on unpaid commercial invoices when the debt is liquidated and the due date can be fixed. A contract can make the claim stronger by setting the rate, the accrual trigger, and whether interest compounds. If the contract is silent, the creditor may still have a path to prejudgment interest under Florida’s loss theory, but the recovery will depend on proof of the amount due, the date of loss, and the applicable lawful rate.

Prejudgment interest is the recovery many creditors underbuild until the judgment is being prepared. By then, the timeline is fixed and the calculation has to be defensible. The unpaid invoice sits in aging for ninety days, then six months, then a year. The carrying cost, the opportunity cost, the cost of capital deployed and not returned: each becomes part of the collection posture if the claim is documented correctly.

Florida law permits prejudgment interest on unpaid commercial invoices only when the contract specifies a rate. Learn accrual rules, usury limits, and proof requirements.

09/07/2026

The Affidavit of Account in Florida Collections: Building a Sworn Record That Survives Challenge
An affidavit of account is a sworn statement used to establish the existence and amount of a debt in collection litigation. To withstand scrutiny in Florida courts, it must include specific identifying information about the debt, demonstrate the affiant's personal knowledge or custodianship of business records, and comply with evidentiary requirements under the Florida Evidence Code. Missing or deficient elements invite motions to strike and can derail summary judgment.

The affidavit of account is one of the central proof documents in many consumer debt collection cases in Florida. It is the instrument creditors and debt buyers often rely on to prove what is owed — and it is the document debtors' counsel attacks first. A properly constructed affidavit can support the creditor's position through discovery and summary judgment practice.

An affidavit of account must meet strict Florida evidentiary standards to survive summary judgment. Learn the required elements for creditor litigation success.

09/03/2026

🌟 Exciting News from Kass Shuler Law Firm! 🌟
We are incredibly proud to announce that our Managing Partner, Nicole Noel, has been selected to join the prestigious Leadership Pinellas Class of 2027!
This invitation is far more than just a membership—it is a massive commitment to the future of our region. The mission of Leadership Pinellas is to develop and enhance community leadership by uniting a diverse group of existing leaders who are fiercely dedicated to creating a vital, positive community for current and future generations.
To understand the magnitude of this honor: Leadership Pinellas is an intensive, highly selective 9-month program. Over the next year, Nicole will dedicate significant time to diving deep into the inner workings of our county. From Criminal Justice, Health, and Human Services to Government, Infrastructure, and the Environment, she will be working directly with other community leaders to tackle the real issues facing our area. Her commitment will even include a class-wide community impact project, a ride-along with Pinellas County law enforcement, and a multi-day legislative summit in Tallahassee.
At Kass Shuler Law Firm, we believe that strong advocacy goes hand-in-hand with civic duty. Nicole’s acceptance into this rigorous program is a testament to her mature judgment, exceptional leadership qualities, and her desire to bring about long-term, positive change in Pinellas County.
Please join us in congratulating Nicole on this incredible honor and the journey ahead! 👏🏛️💼

09/03/2026

A writ of garnishment may issue immediately after final judgment entry in Florida, but the debtor's notice windows, exemption rights, and the garnishee's answer deadline determine when funds actually move. The creditor who understands Florida's statutory sequence—particularly the defendant's exemption process under Fla. Stat. § 77.041, challenges to the garnishee's answer under Fla. Stat. § 77.055, and the head-of-family wage exemption framework—can position the garnishment to close with fewer procedural reversals.

Judgment in hand, the debtor still solvent, bank accounts still active—and then the waiting begins. A writ of garnishment offers one of the few post-judgment tools that reaches funds before they disappear, but the timing is not automatic. The judgment creates the right; the writ creates the obligation on the third party. Between those two events sits a window governed by statute, procedural discipline, and the debtor's remaining tactical options.
§77041

Learn when a writ of garnishment becomes enforceable in Florida, including the 20-day objection window, garnishee answer deadlines, and exemptions that affect timing.

09/01/2026

A motion to compel arbitration in a consumer debt suit can redirect the dispute from court to a binding arbitration forum when a valid arbitration agreement exists and covers the claim. Creditors defending these motions must evaluate enforceability, scope, assignment, waiver, and procedural posture before the court rules on a stay and referral to arbitration. The timeline and stakes shift quickly once the motion is filed.

Arbitration clauses sit unread in cardholder agreements and loan contracts until a lawsuit is filed. By then, the debtor has moved to compel, the court may pause the litigation calendar, and the creditor faces a procedural fork: concede the forum, oppose the motion, or navigate a stay that may not lift until arbitration concludes. The moment the motion lands, the creditor's position changes—not because the debt is disputed, but because the forum is.

A motion to compel arbitration in consumer debt litigation shifts the forum from court to arbitration. Learn how creditors evaluate enforceability, scope, and waiver defenses.

08/31/2026

After a Florida judgment is entered in a consumer debt case, wage garnishment is a primary collection tool—but strict exemption rules often protect debtors entirely or cap the amount that can be taken. For creditors, navigating the mechanics, timeline, and debtor defenses determines whether the judgment converts to recovery or remains uncollected paper.

A judgment is a position, not a payday. The court's order establishes liability and amount, but the judgment creditor still faces the gap between what is owed and what can be collected. Wage garnishment is the most direct path to recovery when bank accounts are empty and real property is exempt or encumbered—but in Florida, garnishment after judgment operates within a framework of statutory exemptions, procedural gates, and debtor countermoves that can halt or reduce recovery entirely.

Florida wage garnishment after judgment involves strict exemptions and procedural gates. Learn how the head-of-household exemption and timing affect creditor recovery.

08/28/2026

A judgment creates the legal right to pursue garnishment, but not every account can be reached. Florida law shields specific categories of funds and ownership interests—head-of-family earnings that meet statutory requirements, Social Security and other protected federal benefits, many qualified retirement assets, and some jointly held spousal accounts—even after a judgment is final. Some federal benefit protections apply automatically at bank review; most other exemptions must be timely asserted before garnishment moves to disbursement.

A judgment closes one cycle and opens another. The verdict becomes an enforcement instrument; the account becomes subject to legal process. The debtor who ignored the lawsuit may now discover frozen funds, inaccessible payroll, and a levy that operates by default. What the debtor may not know—and what creditors' counsel must navigate with precision—is that exemption law continues to apply post-judgment. Not every account can be collected.

Post-judgment garnishment in Florida has statutory limits. Learn which accounts are exempt—wages, Social Security, retirement funds—and how debtors must assert protection.

08/27/2026

Florida's statute of limitations for commercial debt collections is commonly five years for debts founded on written instruments and four years for open accounts, unwritten contracts, and many sale-of-goods claims. The clock usually begins when the breach happens, not when a creditor discovers it or refers the account to counsel. Knowing the trigger date determines whether a collection action is viable.

The breach happened years ago. The debtor made partial payments for eighteen months, then went silent. The creditor's accounting department flagged the account at ninety days past due, referred it to collections at one hundred eighty, and legal counsel received the file at day three hundred. By the time the complaint is ready to file, the statutory deadline may be close—and the debtor's attorney is already counting down. In commercial collections, the statute of limitations usually does not start when the problem becomes visible. It starts when the breach occurs.

Florida's four-year statute of limitations for commercial debt starts at breach, not discovery. Learn how breach dates, acceleration, and tolling affect collections.

08/26/2026

A debtor examination under Florida Rule of Civil Procedure 1.560 and, where appropriate, proceedings supplementary under Florida Statutes § 56.29 requires the judgment debtor to testify under oath about income, assets, and property that could satisfy the judgment. The value lies in the questions asked—not the appearance itself. A disciplined examination converts evasive testimony into enforceable asset leads.

A judgment in hand is not a payment in the bank. The gap between winning and collecting is filled by discovery—and the debtor examination is a direct discovery tool in post-judgment enforcement. Florida Rule of Civil Procedure 1.560 permits discovery in aid of ex*****on, and Florida Statutes § 56.29 permits proceedings supplementary to examine the debtor's financial affairs and identify property that may be applied toward the judgment. But the examination is only as effective as the questions asked. Generic inquiries yield generic evasions.

Business Lawyers serving the Tampa & South Florida. Kass Shuler attorneys offer a business approach to legal services. Call now. 813-229-0900

08/25/2026

Validation Discipline and Portfolio Integrity: What FDCPA and Regulation F Compliance Signals to Debt Sellers
When an institutional lender sells a portfolio of charged-off accounts, the sale transfers the receivable. It does not, by itself, transfer the risk that the receivable is collected cleanly. A meaningful share of that risk concentrates in a single, unglamorous document sent in the first week of collection: the validation notice. For a seller evaluating where its accounts will land — and for the buyers and servicers competing to be that destination — command of the FDCPA and Regulation F validation regime is a direct measure of how well the portfolio's value will hold up after closing.

Validation information occupies the narrowest opening in the collections sequence. Five days from first contact. One document. A defined set of disclosures, sequenced precisely. There is no margin for paraphrase and no tolerance for omission.

Debt buyers must send validation notices within five days of initial contact. Learn the required disclosures, timing rules, and consequences of defects under FDCPA and Regulation F.