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Practice Areas & Process

Our Services

Take a look at our area of expertise & experience.

For many years, we have represented some of our region’s largest medical providers. Medical providers have a unique position in the community they operate in and often require a different representational approach. We always strive to promote a positive image of our clients in the communities they serve, while balancing the legal strategy to pursue outstanding receivables. All members of our team understand that medical bills can be unexpected and costly, but that’s no reason for patients or third-party payers to delay payment or try to shift that financial burden back to our clients. We view our role as an extension of the revenue cycle management process and routinely handle numerous types of accounts for our medical community, including hospital self-pay, and probate issues.

A client will often have collateral attached to a default account, or they may have a judgment in place and need to seize the debtor’s assets. Our firm routinely uses the legal system to acquire asset possession, either in a collateral replevin or a post-judgment asset levy. Some assets may be spoiled or damaged if they are not recovered quickly and properly. Our firm has recovered various assets for customers including; baked goods, horses and livestock, boats and cars. If you need to pursue assets, please contact us today to see if we can help you recover possession.

Our firm developed a niche many years ago by developing a lot of experience in the legal recovery of insurance premiums for unpaid workers’ compensation. We litigated on premium recovery cases and cases involving fraud and omitting employees throughout the state of Florida. Employee compensation insurance cases can be very complex, especially in the construction sector, and often involve large sums of money. Insurance carriers often occupy a delicate and visible position in the communities they serve, similar to our clients in the medical sector, and our collection strategies are sensitive and responsive to these issues.

Back in the late 1970s, we entered the consumer collections industry and remain an active participant. With approximately 50% of our caseload involving consumer-based accounts from some of the leading national and regional lenders, we have fully developed and detailed policies, processes and procedures to ensure full compliance with all consumer collection laws and rules. In protecting consumer data and in all our interactions with consumers, our regulatory compliance record reflects that we meet or exceed all benchmarks. Good people often experience bad things and we treat all consumers with respect, dignity, and compassion.
Our firm, for good reason, counts some of the top commercial creditors as customers. For nearly 30 years, we have represented commercial creditors on issues involving advertising, insurance premiums (including workers’ compensation premiums), and all forms of commercial financing tools. Whether it is a complex structured workout that needs negotiation and management or forced liquidation, we can provide the experience and expertise to protect your interests and manage risk exposure throughout the entire process. Among other business groups, our lawyers are long-standing members of the American Commercial Law League and the International Association of Commercial Collectors.

Our Process

We strive at Hodges, Avrutis & Foeller to make the placement process as smooth and efficient as possible. We perform an initial conflict and compliance check when our firm receives a claim, then the claim data is loaded, and all documents are pictured. For those customers who regularly place accounts with our firm, we also accept claims electronically. The claim is scrubbed for basic data and integrity points once loaded, then the process of collection begins. Demand letters and possibly phone calls are initiated as well as a public information review to determine whether the claim appears to be collectible. If so, we will update you with our recommendations on the claim information. We will then initiate the lawsuit if you decide to proceed and push the matter forward as quickly as possible. While pushing the matter forward, we are also trying to establish lines of communication with the debtor in hopes of reaching a cordial settlement. During the lawsuit, we will often use mediation as a means of resolving any disputes, but also as an effective tool for negotiating an attractive settlement. If we simply cannot resolve the matter, we will try a Summary Disposition, or we will conduct a trial if necessary. If we are successful in obtaining judgment in favor of our clients, we then proceed with efforts to levy assets, make deposits, or possibly initiate a wage or bank garnishment in order to obtain our client’s recovery.

Submitting Your Claim

  • Image your documents to file.
  • Enter your data & open file
  • Email The Client

Claim Loaded Onto Our System

Review your file data for completeness including :

  • Statute of limitations
  • Balance is supported by documents
  • Military Status
  • Request clarification on any issues, if needed

Contact the Debtors

  • Send demand letter to all liable parties
  • Attempt phone contact when needed

Suit Recommendation

The Team Member assigned to your account will review all information in the file and may initiate other research to learn as much as possible about the Debtors. We utilize a variety of public and subscriber based data sources to provide you with our best, most accurate, recommendation and opinion on your claim. We strive to have this information communicated to you shortly after the 30 day response period runs on the initial demand letter and provide you with a recommended course of action based upon the balance, geographical location, complexity of case, and/or disputes from the consumer.

Filing Suit

If filing a law suit is the chosen course of action, we will draft and file your lawsuit, issue the summons for all defendants, and supervise the service of process to insure proper service is effectuated. All law suits and the litigation process are supervised by our Attorneys.
Litigation

If a defendant disputes the obligation, we will :

  • Advise you of the disputes and develop a plan forward
  • Initiate discovery to properly establish the facts of the case
  • Prepare any necessary affidavits or other Motions needed to keep the matter progressing
Suit Default
  • If a defendant fails to respond to the lawsuit once properly served, we will draft and file request for Default and Default Final Judgment.
Mediation

We are always open to mediation, whether formal or informal, as a means to establish direct, productive communication toward resolution.

  • Mediation is also an effective pre-trial strategy to gain insight into what evidence and argument the debtors may bring forth at trial.
  • Frequently, our mediations do result in a successful resolution to the case.
  • Lump sum payments, any manner of variable payment plans, and the addition of collateral are frequent mechanisms we utilize to help craft a resolution.
Seek Judgement
  • We will strive to conclude the matter without the necessity of a trial. Typically we will submit a Motion for Summary Judgment and argue the case before the court. Otherwise, we would seek a non-jury trial and be prepared to present witnesses and other evidence needed to obtain the judgment or settlement.

Post Judgement

Our efforts to collect the debt subsequent to entry of the Judgment may include:

  • Bank or wage garnishments
  • Levy on personal assets
  • Deposition in Aid of Execution
  • Negotiation of structured payment plans

Industry Associations

National Creditors Bar Association


The National Creditors Bar Association (NCBA) is a bar association dedicated to serving law firms engaged in the practice of creditors rights law. Originally founded in 1993 as the National Association of Retail Collection Attorneys (NARCA), our membership grew and we quickly became the premiere association for the creditors rights attorney. In 2015, we recognized that the changes in our economy and in our member firms’ practice areas, meant that our association needed to change too. We broadened our membership base to include firms practicing in foreclosure, bankruptcy, student loans, replevin, to name a few, and we expanded our educational offerings and networking opportunities. Currently, our membership is comprised of over 550 law firms and individual members, totaling approximately 2000 attorneys, in the areas of creditors rights law, defense and in-house counsel. Members practice in over 20 different practice areas in the 50 states, Canada, Puerto Rico and the U.K. Our attorney members are committed to being professional, responsible and ethical in their practice and profession.
Creditors Rights Attorney Sarasota Florida

The Commercial Law League of America


The Commercial Law League of America (CLLA) is the leader in providing expertise, insight and results to and for attorneys, credit grantors and their partners in the credit and business communities.Since 1895, the CLLA has brought experienced attorneys together with collection agencies, credit grantors, lending institutions and other commercial credit, bankruptcy and finance industry members, providing new business opportunities through networking, education, legislative advocacy and highly effective specialized legal services. The Commercial Law League of America certifies commercial collection agencies who continue to meet the rigorous certification requirements of the CLLA.
Debt Collection Litigation Firm in Sarasota Florida

National List of Attorneys


The Commercial Law League of America (CLLA) is the leader in providing expertise, insight and results to and for attorneys, credit grantors and their partners in the credit and business communities.Since 1895, the CLLA has brought experienced attorneys together with collection agencies, credit grantors, lending institutions and other commercial credit, bankruptcy and finance industry members, providing new business opportunities through networking, education, legislative advocacy and highly effective specialized legal services. The Commercial Law League of America certifies commercial collection agencies who continue to meet the rigorous certification requirements of the CLLA.
Debt Collection Agency Attorney in Sarasota Florida

The International Association of Commercial Collectors, Inc.


The International Association of Commercial Collectors, Inc. (IACC) is an international trade association comprised of more than 240 collection specialists and 160 commercial attorneys. With members throughout the U.S. and in 20 international countries, IACC is the largest organization of commercial collection specialists in the world. To join IACC, applicant agencies must meet a rigorous set of membership standards. The agency must be well established with experienced owners and principals. Applicants must carry a minimum of a $10,000 statutory or blanket client bond and must maintain a separate trust account for all client money. Before granting membership, IACC checks client references to verify that an agency’s professionalism and character are aligned with the IACC code of professional ethics. Once membership in IACC is granted, agencies are expected to maintain a high level of professional standards and to continually strive for even greater excellence in their business operation.
Debt Recovery Legal Firm in Sarasota Florida

The American Lawyers Quarterly


The American Lawyers Quarterly is a directory of law firms which specialize in collections, creditors’ rights and bankruptcy. The ALQ directory has been the definitive source for attorney representation in the collection industry since 1899 (over 115 years). Collections are generally handled by our listed counsel on a contingent fee basis. There are law firm referrals for all cities, county seats, and sizable towns in the United States, Canada, and most commercial centers throughout the world. American Lawyers Company standards have been maintained in accord with all published American Bar Association Rules and Standards for law lists.
Debt Collection Lawsuit Attorney in Sarasota Florida

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+941-955-7300

201 Fletcher Ave, Sarasota,FL 34237, USA

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