Widerman Malek Law Blog

Proper Notice to the Surety is Important

Most contractors and subcontractors know there are notice provisions in their contracts, but they are not always followed to the letter. The Eleventh Circuit Court of Appeals just sent a clear message that if you do not follow the notice and termination provisions of a bond, the surety may be off the hook. What is […]

Georgia Debt Harassment Ruling Gives Added Protection and Rights to Debtors

Everyone struggles financially from time to time in life. There are always times we are on a tight budget; we don’t mean to overuse our credit cards, bounce that check, or not pay that bill that is long overdue. When we do things like this we must realize that the person or company we owe […]

Paying the Debt of Another

Paying the Debt of Another

A question arose not too long ago about whether paying the debt of another would require continued payments. In other words if company A pays company B’s existing creditor for one month, or even several months, does company B now have an obligation to continue paying company A’s creditor? If company B does have an obligation, then the creditor can likely come after company B for company A’s debt should both companies fail to make a payment.

The Wild World of Discovery…What Can’t They See?

No matter how hard TV shows try, they are just not the reality they portray. Prime example is law related shows. First you have the crime or the incident and then you are in trial, the most exciting part. But what happens in the middle can be the deciding factor whether your case survives, settles, or […]

Mediation: Strategies for a Successful Settlement

By: Eric L. Hostetler, Esq. Mediation, in most cases, is a required step in the litigation process. Understanding the mediation process is one thing, but being prepared is the goal to a successful resolution for your client. This article will address some strategies for a successful mediation. 1. Know your case This may sound elementary, […]

Mediation: Lights, Camera…Action?

By: Eric L. Hostetler, Esq. Mediation has proven to be a very beneficial procedural tool in my career so far in resolving cases and conflicts. The basis of its effectiveness revolves around three factors: 1) Plaintiff’s counsel; 2) Defense counsel; and 3) the Mediator. Notice that I did not list as one of the factors […]

Oral Modifications to Written Lease/Rental Agreements: Are They Valid? Vol. 1

I have been approached lately with the issue of oral modifications made outside the main written lease/rental agreement and what impact they have on the lease/rental agreement. Are they valid? Are they enforceable? If the landlord doesn’t live up to his end of the oral modification, do I have any recourse? What do I do? […]

I Have a Judgment and Now I Want to Collect Vol. 4

Your deposition has ended. You have all your documents, including bank statements, pay stubs, deeds to property, titles to vehicles, etc. What do you do with all this information? It depends on the status of your defendant. What I mean by status is you have to determine whether or not your defendant qualifies as “head […]

I Have a Judgment and Now I Want to Collect Vol. 3

If you have reached this stage, either the defendant did not fill out the Financial Information Form pursuant to the Florida Rules of Civil Procedure or the form was not attached to your final judgment. It has been over 30 days since the Judge granted your judgment and you haven’t been paid, no offers have […]

I Have a Judgment and Now I Want to Collect Vol. 2

As discussed by on my June 6, 2013 blog, there are certain basic tools that you can utilize to try to collect on your judgment. In most cases, when I reference a judgment in this blog and any follow up blogs, I am simply referring to a money judgment.  There are other types of judgments […]

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