ACCEPTANCE OF PARTIAL PAYMENT COULD RESULT IN FULL SATISFACTION OF DEBT

Jason B. Goldman • August 6, 2015
ACCEPTANCE OF PARTIAL PAYMENT COULD RESULT IN FULL SATISFACTION OF DEBT

Many condominium, cooperative and homeowner associations have accepted partial payments for delinquent accounts under the premise that receiving some money is better than receiving no money at all.  However, a recent Florida 2nd District Court of Appeal Case should give associations pause before they make the decision to accept a partial payment.

On August 8, 2014, the 2nd District Court of Appeal for Florida issued its decision in the case of  St. Croix Lane Trust, Et Al v. St. Croix at Pelican Marsh Condominium Association, Inc. , 144 So.3d 639 (Fla. 2 DCA 2014).  In this case, the owner of a condominium unit appealed a final summary judgment declaring that no accord and satisfaction occurred when the condominium association accepted a check that the unit owner tendered in full satisfaction of the association’s disputed claim for past due assessments and other charges.  The Plaintiff was the successful bidder at a foreclosure sale which occurred as a result of the association foreclosing its lien on the condominium unit for past due assessments and other charges against the previous owner.  The association elected not to bid at the foreclosure sale and the Plaintiff was the successful bidder for $100.00.  The association’s attorney wrote the Plaintiff a letter demanding payment of the full amount of the assessments and other charges due.  The trust took the position that only the first quarterly assessment of $840.00 was due.  The trust attorney responded to the association attorney’s demand by enclosing a check for $840.00 to settle the matter and indicated in the cover letter that the check was tendered as full and final satisfaction of all claims made against the trust and the property for the amounts demanded in the association attorney’s letter.  The trust attorney’s letter stated that negotiation of the enclosed check shall be deemed an acceptance of the offer of settlement and shall be a full and final satisfaction of all claims against the trust and the property.  The association elected to apply the payment as a partial payment pursuant to Florida Statute §718.116(3).  The Circuit Court determined that the trust was jointly and severally liable with the previous owner for all amounts claimed by the association through the date of the foreclosure sale, less the $840.00 payment rejecting the trust’s argument that Florida Statute §673.311 relating to accord and satisfaction applied.

However, on appeal, the 2nd District Court of Appeal found that §673.311 applied rather than Florida Statute §718.116(3).  The Appellate Court found that under §673.311(2), the claim is discharged if the person whom the claim is asserted proves that the instrument or an accompanying written communication contained a conspicuous statement to the effect that the instrument was tendered as full satisfaction of the claim.  Subsection 3 of that statute provides certain exceptions and the Appellate Court found that none of the exceptions provided for in the statute were applicable in this case.

The lesson for this case is that associations should be careful in accepting payments for less than the full amount of the claimed debt.  Any tender of payment for less than the full amount of the debt which contains any type of restrictive language or is accompanied by a letter containing any type of restrictive language should be carefully reviewed to determine if the St. Croix case would be applicable.  Caution should be exercised by associations in acceptance of partial payment without a carefully drafted payment plan agreement prepared by the association’s counsel.  Any question whatsoever regarding the acceptance of partial payment should be directed to the association’s attorney.

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Maximizing Settlements for Spinal Injury Cases

By Jason B. Goldman • February 17, 2025
Spinal injuries can be devastating, leading to severe long-term physical, emotional, and financial consequences. At GTS Law Firm, we understand the immense toll that spinal injuries take on victims and their families. Our goal is to ensure that you receive the full compensation you deserve to help cover both immediate and future needs. Understanding the Full Scope of Your Injury A spinal injury often involves much more than just physical damage. It can lead to chronic pain, reduced mobility, and the need for ongoing medical care. Our experienced attorneys work with medical professionals to accurately assess the long-term impact of your injury, ensuring that all aspects—present and future—are included in your claim. By documenting your injury in detail, we help you secure a settlement that reflects the full extent of your condition. Pursuing Non-Economic Damages In addition to medical expenses and lost wages, it is essential to account for the pain, suffering, and emotional distress caused by a spinal injury. These non-economic damages can often be difficult to quantify, but our legal team is skilled in working with experts to accurately estimate these costs and include them in your settlement. Whether it’s emotional trauma or the loss of quality of life, we fight to ensure you are compensated for all hardships resulting from your injury. Negotiating with Insurance Companies Insurance companies are notorious for offering lowball settlements, hoping to avoid paying the full value of your claim. Our attorneys have extensive experience negotiating with insurers, advocating for your best interests and making sure you receive a fair settlement. We handle all communications with the insurance company, ensuring that your claim is presented in the strongest possible light. Planning for Long-Term Medical Costs Spinal injuries often require lifelong care, including physical therapy, surgery, mobility aids, and assistance with daily activities. At GTS Law Firm, we work with financial and medical experts to calculate your future medical costs, ensuring that your settlement covers not just immediate needs but also long-term care. We take into account future treatments and the cost of accommodations for your disability, ensuring your financial security for years to come. Why Choose GTS Law Firm? Choosing the right legal representation is crucial in maximizing your spinal injury settlement. At GTS Law Firm, we are dedicated to protecting your rights and ensuring that you receive the compensation you deserve. With our team of skilled attorneys, we offer comprehensive legal support and personalized attention to every client. We don’t just seek a quick settlement; we pursue justice for you and your family. If you or a loved one has suffered a spinal injury, don’t settle for less than you deserve. Contact GTS Law Firm today for a free consultation. Let us fight for the compensation you need to move forward. (941) 625-6666

Charlotte County Attorneys with AV Ratings: The Gold Standard

By Jason B. Goldman • February 17, 2025
When seeking legal representation in Charlotte County, Florida, it’s essential to choose a law firm with a proven track record. One of the most prestigious distinctions an attorney can achieve is the AV Preeminent Rating from Martindale-Hubbell. This rating signifies the highest level of professional recognition, ethical standards, and legal ability. At GTS Law Firm, we take immense pride in our AV-rated attorneys who consistently demonstrate expertise, integrity, and dedication to their clients. What is an AV Rating? Martindale-Hubbell has been evaluating attorneys for more than 130 years, providing an objective measure of their capabilities and reputation. The AV Preeminent Rating is the highest peer rating standard, awarded to lawyers who exhibit superior legal knowledge, analytical capabilities, judgment, communication skills, and ethical standards. This rating is determined through a meticulous peer review process involving other attorneys and members of the judiciary. Why AV Ratings Matter Selecting an attorney with an AV rating ensures that you are working with a highly regarded professional recognized by their peers for outstanding legal ability and ethical conduct. Here’s why AV-rated attorneys stand out: Proven Expertise – AV-rated attorneys have demonstrated their knowledge and skills through years of practice and successful case outcomes. Ethical Standards – Integrity and professionalism are crucial in the legal field. AV-rated lawyers uphold the highest ethical principles. Respected by Peers – These ratings are based on peer reviews, meaning that other attorneys and judges acknowledge the lawyer’s exceptional abilities. Client Confidence – Knowing that your attorney has earned such a prestigious distinction provides peace of mind and confidence in their representation. GTS Law Firm: Your Trusted AV-Rated Legal Team in Charlotte County At GTS Law Firm, our commitment to client advocacy has earned us recognition in the legal community. Our AV-rated attorneys bring a wealth of experience in various practice areas, ensuring that our clients receive top-tier representation tailored to their unique needs. Whether you need assistance with personal injury, business law, estate planning, or litigation, our team is equipped with the expertise and dedication to achieve favorable outcomes. When legal matters arise, you deserve representation from attorneys who have been recognized for their outstanding skills and ethical commitment. The AV rating serves as a benchmark of legal recognition, and at GTS Law Firm, we are proud to uphold this standard for our clients in Charlotte County and beyond. If you are seeking legal counsel from a trusted, AV-rated law firm, contact GTS Law Firm today. Let us put our expertise, integrity, and dedication to work for you. (941) 625-6666

Premises Liability vs. Personal Injury: What’s the Difference?

By Jason B. Goldman • January 15, 2025
At GTS Law Firm, we’re committed to helping you navigate complex legal situations with clarity and confidence. If you’ve been injured due to someone else’s negligence, it’s important to understand the type of legal claim you may have. Two commonly confused areas of law are premises liability and personal injury. While they share similarities, they are distinct. Let’s break it down. What Is Premises Liability? Premises liability refers to a property owner’s responsibility to ensure their property is safe for visitors. If an unsafe condition on their property causes an injury, the owner could be held legally accountable. Common premises liability cases include: Slip and falls: Wet floors, uneven surfaces, or poorly lit areas. Unsafe structures: Collapsing balconies, broken stairs, or loose railings. Dog bites: If the owner failed to control a dangerous animal. The key factor in premises liability cases is proving that the property owner was negligent in maintaining or addressing hazards on their property. For example, if a grocery store failed to clean up a spill in a timely manner, and you slipped and fell, you may have a premises liability claim. What Is Personal Injury? Personal injury is a broader category of law that covers any harm caused by someone else’s negligence, recklessness, or intentional actions. While premises liability falls under the umbrella of personal injury, not all personal injury cases involve property-related accidents. Other common personal injury cases include: Car accidents Medical malpractice Product liability Assault and battery In a personal injury claim, the focus is on the negligent party’s actions (or lack of action) that caused your injury. For example, if a distracted driver rear-ends your car, they could be held liable for your medical expenses, lost wages, and other damages. Why Does This Distinction Matter? Understanding whether your case falls under premises liability or general personal injury is crucial because it affects how your claim is handled. Different types of evidence, legal standards, and statutes of limitations may apply. For example: Premises liability cases may require proof of the property owner’s knowledge of the hazard (e.g., surveillance footage, maintenance records). Personal injury cases may focus on actions like distracted driving, requiring evidence such as police reports or witness statements. How GTS Law Firm Can Help Navigating the legal processes alone can be overwhelming. At GTS Law Firm, we specialize in handling premises liability and personal injury cases with the care and expertise you deserve. From gathering evidence to negotiating settlements or representing you in court, we’re with you every step of the way. If you’ve been injured due to someone else’s negligence, don’t wait. Contact us today at (941) 625-6666

New Year’s Resolutions for Safe Driving in 2025

By Jason B. Goldman • January 15, 2025
As we welcome 2025, it's an ideal time to reflect on our habits and make positive changes. At Goldman, Tiseo & Sturges, P.A., we are dedicated to the safety and well-being of our community. With that in mind, we offer the following resolutions to help ensure safer roads for everyone this year. 1. Avoid Distracted Driving Commit to keeping your focus on the road. Avoid using mobile devices, eating, or engaging in activities that divert your attention while driving. Distracted driving remains a leading cause of accidents, and eliminating distractions can significantly reduce risk. 2. Never Drive Under the Influence Pledge to never operate a vehicle under the influence of alcohol or drugs. Impaired driving endangers not only your life but also the lives of others on the road. Always designate a sober driver or use alternative transportation if you plan to consume intoxicating substances. 3. Obey Speed Limits Adhering to posted speed limits is crucial for road safety. Speeding reduces your ability to react to unexpected situations and increases the severity of accidents. Resolve to drive within speed limits and adjust your speed according to road and weather conditions. 4. Use Seat Belts Ensure that you and all passengers are properly restrained on every trip, no matter how short. Seat belts are proven to save lives and reduce injuries in the event of an accident. 5. Maintain Your Vehicle Regular vehicle maintenance helps prevent breakdowns and accidents caused by mechanical failures. Keep up with scheduled maintenance, check tire pressure, and ensure all lights and signals are functioning correctly. 6. Practice Defensive Driving Stay alert and be prepared for the unexpected actions of other drivers. Maintain a safe following distance, obey traffic signals, and be cautious at intersections. Defensive driving can help you avoid accidents caused by others' mistakes. 7. Educate Young Drivers If you have young or inexperienced drivers in your household, take the time to educate them about safe driving practices. Lead by example and consider enrolling them in defensive driving courses to enhance their skills. By adopting these resolutions, we can all contribute to making 2025 a safer year on the roads. If you or a loved one has been injured in an accident, the attorneys at Goldman, Tiseo & Sturges, P.A. are here to help. With our deep roots in the community and extensive experience in personal injury law, we are committed to providing personalized and effective legal representation. For a free personal injury consultation, please call 941-625-6666 or send us a message through our contact form. We serve clients in Port Charlotte, Punta Gorda, Englewood, North Port, Venice, Sarasota, Cape Coral, and Fort Myers. Wishing you a safe and prosperous 2025 from all of us at Goldman, Tiseo & Sturges, P.A
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