Perspective.
Insight.
Solutions.
Helping creditors collect monies owed and recover property.
Helping businesses resolve disputes.
Practices
Creditors’ Rights and Commercial Collections
We help finance and leasing companies and other commercial creditors collect monies owed, recover property though replevin, and enforce judgments. We also represent creditors in bankruptcy proceedings.
Replevin
We have extensive experience helping creditors recover property and collateral including heavy equipment, commercial trucks, yachts, boats, motorcycles and vehicles through legal action known as replevin. We regularly help creditors recover property quickly by having sheriffs execute prejudgment writs of replevin. Because repossessions and replevins are an area of particular interest to Bill Denius, he frequently writes and speaks to creditors on these topics. You can check out some of Bill’s replevin and repossession webinars: Replevin Law for Equipment Lessors, June 2021: LEAN Webinar – LEAN (link), and Webinar Recent CFPB Consent Order: Implications to Lender Repo Activity (link).
Judgment Enforcement and Domestication
We obtain and enforce judgments against debtors and help creditors get paid by aggressive asset inquiry and determination, contempt proceedings, placing judgment liens on real and personal property owned by judgment debtors, and bank and wage garnishments. We also record and domesticate foreign judgments.
Creditor Representation in Bankruptcy Proceedings
We represent and help creditors recover monies owed to them from debtors in bankruptcy proceedings by filing proofs of claims, motions for relief from stay to recover property, objections to plans, and prosecuting adversary proceedings against debtors to except debts owing from bankruptcy discharge.
Litigation and Business Representation
With more than 25 years of trial and litigation experience, we have successfully handled dozens of jury trials, non-jury trials, arbitrations and appeals. We have specific experience and can help with the following types of matters.
Business Disputes and Litigation
We help businesses resolve claims and disputes. We have decades of experience helping businesses litigate claims in state and federal court including the pursuit and defense of claims for breach of contract, negligence, fraud, construction claims and claims involving the sale and purchase of real estate. Having litigated and tried cases over the span of more than 25 years, we are mindful of the expenses involved with litigating cases and help businesses resolve disputes out of court.
Defense Litigation
We have substantial experience defending creditors and finance companies from consumer claims for violations of state and federal laws including Florida’s Consumer Collection Practices Act (FCCPA), the Federal Debt Collection Practices Act (FDCPA), the Telephone Consumer Protection Act (TCPA), the Servicemembers Civil Relief Act (SCRA) and otherwise defending claims for unlawful debt collection and wrongful repossession. We also defend auto and RV dealers from customer claims including claims for vehicle defects and breach of warranty.
Contract Drafting
We help businesses negotiate and draft contracts and agreements. With our extensive litigation experience, we know where things can go wrong and the importance of drafting proper contracts and agreements at the outset to help keep you and your business out of trouble down the road.
Vehicle Dealership and Finance Law
In addition to defending auto and RV dealers from defect and warranty claims, we also help vehicle dealers and auto finance companies comply with the vast and complex set of state and federal laws regulating them.
Compliance
Attorney Bill Denius is a Consumer Credit Compliance Certified Professional, a designation awarded to compliance professionals who have successfully completed a rigorous educational program administered by the National Automotive Finance Association. As designated Consumer Credit Compliance Certified Professional, we have a solid working knowledge of the state and federal laws governing consumer credit specifically including the state and federal laws regulating vehicle dealers
and auto finance companies. We help auto finance companies and dealers comply with various aspects of the law including the laws governing repossessions and post-repossession obligations.
About
With over 25 years of trial and litigation experience, Bill Denius focuses on helping creditors and businesses with the commercial collection of monies owing, replevin, and the resolution of disputes.
Bill has extensive experience helping finance and leasing companies and other commercial creditors collect monies owed, recover property though replevin, and enforce judgments; representing and helping creditors recover monies owed to them from debtors in bankruptcy proceedings; helping businesses litigate and resolve disputes; defending creditors and finance companies from consumer claims for violations of state and federal laws; and defending auto and RV dealers from customer claims including claims for vehicle defects and breach of warranty.
Bill is a Consumer Credit Compliance Certified Professional, a designation awarded to compliance professionals who have successfully completed a rigorous educational program administered by the National Automotive Finance Association. As designated Consumer Credit Compliance Certified Professional, Bill has a solid working knowledge of the state and federal laws governing consumer credit specifically including the state and federal laws regulating vehicle dealers and auto finance companies. Bill frequently writes and speaks to creditors on repossessions and replevins. He also is a Contributing Editor to the American Bar Association publication Frequently Used Terms in Automobile Finance Transactions.
As a seasoned litigator, Bill has successfully handled dozens of jury trials, non-jury trials, arbitrations and appeals. He has an AV rating by Martindale-Hubbell, the preeminent and highest possible rating in both legal ability and ethical standards. Bill is admitted to practice in all federal courts in the state of Florida, including all bankruptcy courts in the state of Florida, as well as the Eleventh Circuit Court of Appeals.
Memberships
- Equipment Leasing and Finance Association (ELFA)
- National Equipment and Finance Association (NEFA)
- Lease Enforcement Attorney Network (LEAN)
- National Automotive Finance Association (NAF)
- National Creditors Bar Association (NCBA)
- Florida Independent Automobile Dealers Association (FIADA)
Certifications
- Consumer Credit Compliance Certified Professional, National Automotive Finance Association
Volunteer Experience
- Epilepsy Association of Central Florida, Board Member, Director and Past President
Publications
Credit Reporting Takes The Stage During Coronavirus Pandemic After Becoming Target of Lawsuits and Examinations
Non-Prime Times (Official Publication of the National Automotive Finance Association) · Mar 1, 2020
See publication
Watch Your Step: Justice Department Reaches Yet Another Settlement with Auto Finance Company for Violating SCRA
Non-Prime Times (Official Publication of the National Automotive Finance Association) · Sep 1, 2019
See publication
CFPB Highlights Trouble in Collecting Inflated Deficiences
Non-Prime Times (Official Publication of the National Automotive Finance Association) · Jun 1, 2019
See publication
A Tale From The Trenches: Retail Installment Sale Contracts Are Not Loans!
Non-Prime Times (Official Publication of the National Automotive Finance Association) · Jan 1, 2019
See publication
Checklist: Responding to Repair and Towing Liens
Non-Prime Times (Official Publication of the National Automotive Finance Association) · Mar 1, 2018
Repossessions: Recent Developments in Auto Finance
Non-Prime Times (Official Publication of the National Automotive Finance Association) · Nov 1, 2017
Frequently Used Terms in Automobile Finance Transactions
American Bar Association · Jan 1, 2017
See publication
This glossary is a handy reference to easy-to-understand definitions based on the “jargon, lingo, and lore” of the automobile finance business. In speaking or writing about this specialty area, participants use many terms, some of which are familiar but have special meanings in the context of these types of transactions and others of which are unique to this field. This glossary sets forth brief explanations of some of the more commonly used terms. This book is not an exhaustive catalogue of terms, rather it is key terms used in this field that ought to have a brief, easy-to-understand definition or explanation, coupled with statutory or regulatory references where the reader can learn more.
Is That a Train I Hear Comin’: CFPB Releases Outline of Proposals to Overhaul Debt Collection
Non-Prime Times (Official Publication of the National Automotive Finance Association) · Oct 1, 2016
When That Hotline Bling Can Only Mean One Thing: Guidance In Dealing With Stop Call Requests
Non-Prime Times (Official Publication of the National Automotive Finance Association) · Apr 1, 2016
Filing Proofs of Claims on Old Debts
Non-Prime Times (Official Publication of the National Automotive Finance Association) · Oct 1, 2014
Looking Back: A Reflection on Some Notable TCPA Cases
Non-Prime Times (Official Publication of the National Automotive Finance Association) · Feb 1, 2014
Watch Your Step: Guidance in Collecting Consumer Debts
Non-Prime Times (Official Publication of the National Automotive Finance Association) · Oct 1, 2013
The Social Network: Guidance in Dealing With Consumers via Social Media
Non-Prime Times (Official Publication of the National Automotive Finance Association) · Apr 1, 2013
Tug of War: What To Do When a Repair Shop Has Your Car
Non-Prime Times (Official Publication of the National Automotive Finance Association) · Jun 1, 2012
The Fast and the Furious: Superior Security Interests May Mean Free Tires and Wheels, Etc.
Non-Prime Times (Official Publication of the National Automotive Finance Association) · Dec 1, 2011
Summary of Post-Repossession Rights and Obligations (Repossession Manual)
FIADA
Speaking Engagements
Replevin Law for Equipment Lessors
LEAN Webinar – LEAN · June 2021 (link)
Compliance and Regulations to Watch in 2021
Nortridge Software Annual User Meeting · March 10, 2021
Webinar: Recent CFPB Consent Order: Implications to Creditor Repossession Activity
Resolvion · Nov 19, 2020 (link)
Repossessions
Carpliance 2019 Used Car News Conference
Shifting Sands – A Changing (and Challenging) Legal Landscape (Communications With The Customer)
National Automotive Finance Association’s Non-Prime Auto Financing Conference · Jun 1, 2017
“Stop Breaking the Law” and Other Things We Should Tell Our Clients (The TCPA)
National Automotive Finance Association’s Non-Prime Auto Financing Conference · Jun 2, 2016
Why Dealers Get Sued And How To Avoid It
AutoStar Innovate Conference · Sep 22, 2014
The TCPA: What Is It, What Does It Prohibit and Staying in Compliance
National Automotive Finance Association’s Non-Prime Auto Financing Conference · May 29, 2014
Social Media Risks
National Automotive Finance Association’s Non-Prime Auto Financing Conference · Jun 6, 2013
Repossessions
National Automotive Finance Association’s Non-Prime Auto Financing Conference · May 31, 2012
Contact
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Denius Law
4767 New Broad Street
Orlando, Florida 32814
(407) 514-2660