Thomas A. Truex

Construction Liens

Tom Truex — Thu, 23 Apr 2009 20:54:38 +0000

Florida law provides a powerful tool in enforcement of the claims of contractors, subcontractors, materialmen, and suppliers of materials in getting paid for their goods and services which are incorporated into improvements to real estate. However, construction liens are a complex area of law, governed by Florida Statutes. I can assist you with perfecting your construction lien, and filing suit to enforce the lien if payment is not forthcoming. I also represent owners and contractors in defense of construction liens, when the perfection of the lien or underlying issues as to the goods and services provided are in dispute.

Defense of Consumer Credit Card Cases

Tom Truex — Thu, 23 Apr 2009 20:51:44 +0000

Many credit card debts are not collectible in Florida for technical or legal reasons. Often, the deficiency is that the claim is being pursued after expiration of the applicable statute of limitations. Many claims also cannot be collected simply because the creditor, or assignee does not have the adequate documentation to prove a case in court. Occasionally a prospective client who comes to my office seeking information about filing bankruptcy is able to avoid bankruptcy by defending a single large credit card bill. If you have been served with a lawsuit for a questionable credit debt, I can assist you in determining whether the claim is legally enforceable and point out any potential problems the creditor may have in proving and collecting the case against you. I represent debtors in litigation and settlement negotiations with creditors.

Miscellaneous

Tom Truex — Wed, 15 Apr 2009 20:31:53 +0000

I can represent you in a variety of other civil matters and preventative measures. Other practice areas include assisting businesses with drafting appropriate credit applications, contracts and lease agreements to put you in a more favorable position in a problem transaction.

For legal matters outside my practice areas, I can often assist you in locating an attorney. Examples of other areas for which I am often asked for referrals include real estate transactions, wills and probate, personal injury and domestic relations. Please feel free to call me on any legal matter with which you need assistance. If it is not a legal area which I personally handle, I may be able to provide you with a referral to an attorney who handles the type of case for which you have a need.

Landlord and Tenant

Tom Truex — Wed, 15 Apr 2009 20:31:36 +0000

I represent both Landlords and Tenants in eviction matters. This is another area of the law in which the complex Florida Statutes are often strictly enforced, so that failing to comply with the technical requirements of the laws may greatly harm the position of either the landlord or the tenant. Landlords with legitimate grievances may find an eviction suit dismissed, possibly owing costs and attorneys fees to the tenant. Tenants, on the other hand, may give up legitimate complaints against the landlord by not strictly following the Florida Statutes.

I can also assist either landlords or tenants in the drafting or reviewing of lease documents.

Foreclosures

Tom Truex — Wed, 15 Apr 2009 20:31:18 +0000

In today’s economic and financial environment, I am seeing new clients facing foreclosure actions against them who under normal economic times would not be in this position. Obviously, many people are facing foreclosure due to nationwide changes in the real estate and banking markets. The goals of clients may be different, depending on the circumstances. For example, defendants in foreclosure may wish to either defend the case on the merits, renegotiate favorable terms with the lender, simply insure that the bank/lender uses the proper amounts and procedures, or as part of an overall bankruptcy strategy. Depending on your goals and circumstances, I can either meet with you to explain the process and your options; or actively defend your position in contested litigation. Some clients elect to work with the bank/lender directly after being apprised of their rights under the foreclosure laws.

Commercial Litigation

Tom Truex — Wed, 15 Apr 2009 20:30:52 +0000

I can assist you with litigation in the State Courts of Florida for commercial disputes involving general issues relating to disputed contracts, sales and leases. Please call me to discuss your particular issue.

Commercial Collection

Tom Truex — Wed, 15 Apr 2009 20:30:25 +0000

I consider “collections” cases to be matters in which the primary issue is not the matter of whether a debt is owed, but rather, whether voluntary payment can be obtained (and enforced), or whether satisfaction of a debt can be obtained from the debtor on an other than voluntary basis. I handle collections on commercial accounts and associated personal guaranties. In the past, I have represented clients in a variety of industries, including foodservice, equipment leasing, rental property, finance, concrete, construction and pool equipment. I am available to assist in specialized matters, such as prosecution of statutorily enhanced damages on bad checks, replevins, perfection of liens, post judgment collections, levies, garnishments and domestication of foreign and out of state judgments.

Bankruptcy

Tom Truex — Wed, 15 Apr 2009 20:29:51 +0000

I handle Consumer Chapter 7 and 13 Bankruptcy cases; pre-bankruptcy planning and alternatives; and creditor representation in all chapters.

Every person’s circumstances are different, and should be examined by a competent legal professional before filing bankruptcy. Although there are important benefits to the “fresh start” provided by a bankruptcy discharge, bankruptcy is generally regarded as a last resort, if other options do not offer relief. Note that Bankruptcy law is also an area of the law which may be subject to change. However, the U.S. Federal Courts website, provides general information about the different types of bankruptcy:

[Chapter 7 is] the chapter of the Bankruptcy Code providing for “liquidation,” ( i.e., the sale of a debtor’s nonexempt property and the distribution of the proceeds to creditors.)
[Chapter 13 is] the chapter of the Bankruptcy Code providing for adjustment of debts of an individual with regular income. (Chapter 13 allows a debtor to keep property and pay debts over time, usually three to five years.)