• Foster and Klinkbeil, P.A. photograph

    Practice Areas

  • Scales of Justice

Creditor Rights

Foster & Klinkbeil, P.A. provides a comprehensive legal practice buttressed on the experience and skills of its attorneys, focusing on litigation. Foster & Klinkbeil, P.A. has filed thousands of lawsuits on behalf of its clients, predominately premised upon the breach of a contract. The attorneys are litigators who not only reduce your claim to judgment but also pursue all avenues of collection thereon. The firm handles cases in the following areas of practice:

Stacks Image 1257739
Stacks Image 1257806

Banking Litigation – Legal Action Recovery

Representing lending institutions seeking replevin of collateral demands an aggressive and experienced attorney. With proven success, Foster & Klinkbeil, P.A. litigates statewide for lenders seeking replevin on behalf of large national and international banks, commercial credit companies and commercial leasing companies.

The Firm works in conjunction with each client to effect recovery, and after a commercially reasonable sale, final judgment for any deficiency balance. At your request, Foster & Klinkbeil, P.A. will perfect a clients’ lien rights and pursue all requested collection rights. Moreover, Foster & Klinkbeil, P.A. knows how to timely protect a financial institution’s rights when faced with lien claims and a Notice of Sale of their collateral, a/k/a “lien stripping.”

Stacks Image 1257988

Business Law and Commercial Litigation

Florida Statutes provide generous remedies to companies, repair shops/garages or towing companies in recouping lien(s) for storage or repair liens, and, if not properly addressed by a title lien holder, results in the “stripping of the lien” and a windfall to the repair shop/garage or towing company.

Consequently, timing is of the essence in responding to a repair/storage lien notice. Foster & Klinkbeil, P.A. is adept at asserting contest(s) on behalf of title lien holders and protecting your lien rights in the face of these claims.

More importantly, even if you discover as a title lien holder that you did not timely assert your lien rights resulting in the “stripping” of your lien, there may still be a safe harbor allowing you to recoup your lien rights through the use of a deposition de bene esse. Foster & Klinkbeil, P.A. can traverse this complicated claim on your behalf and potentially even pursue conversion claim(s) when the repair shop/garage or towing company fails to properly comply with Florida Statutes in conducting a storage/repair lien sale.

In addition, the Firm has over 60 years of combined experience in commercial litigation in all areas, including construction liens, contract disputes, secured collateral interests, business torts, promissory notes, equity lines, mortgage foreclosure, and finance leases.

Stacks Image 1257856
Stacks Image 1257842

Bankruptcy - Creditor

Foster & Klinkbeil represents creditors in bankruptcy matters to protect their collateral and secured interests. We file proofs of claim, motions for relief from stay, motions to assume or reject leases, valuation of collateral, review and object, if necessary, to the debtors reorganization plans, and to file objections to discharge, as appropriate.

Foster & Klinkbeil uses its experience in local bankruptcy courts to preserve the value and recovery of clients’ collateral.

Real Estate and Commercial Landlord / Tenant Law

Foster & Klinkbeil have extensive experience in real estate matters, including representation of commercial landlords in lease and tenant disputes involving a wide range of issues, including lease interpretations, lease renewal and defaults, CAM disputes, exclusive use matters, and breach of lease issues.

The firm has also dealt with mortgage foreclosures for many years.

Stacks Image 1257897
Stacks Image 1257968

Mortgage Foreclosure

Foster & Klinkbeil has acted as Plaintiff’s attorney for a number of banks and credit unions in foreclosure of mortgages. We have extensive experience in the litigation of defendant’s asserted claims and defenses in successful foreclosures for our clients.

Personal Injury

“I KNOW YOUR PAIN.” I have been involved in five (5) rear-end collisions causing severe damage to my cervical and lumbar spine. My life changed systemically when I was struck from the rear end for the first time on August 20, 2001. It is truly an affliction that is life changing. I used to play basketball for hours at a time and am now relegated to competing against an elliptical, stair master or stationary bike in a never ending endeavor to maintain not only fitness levels but pain tolerance and not succumbing to a surgical recommendation for my injuries.

That being said, everyone deals with pain in their own manner. Given my personal experience, I have a unique perspective to assist you in evaluating your personal injury claim and can offer insight based on my unfortunate, yet not uncommon position. We offer a free consultation which affords you an opportunity to discuss your case and for us to provide guidance in pursuing your claim.

I started my legal career as an Assistant Public Defender in 1994, where I tried more than 60 jury trials in 3 years. Thereafter, I spent 8 months as an Assistant State Attorney, trying 10 more jury trials. In December of 1997, I commenced working in a civil practice, specializing in commercial litigation; however, my life changed systemically on August 20, 2001, when I was struck from the rear end for the first time. While August 20, 2001 was a bad day for me; unfortunately, it was nothing compared to my day on August 21, 2001, when I was waiting at a stop light and was rear ended by a SUV going more than 40 miles per hour. The collision broke 2 of my ribs and permanently damaged my cervical and lumbar spine. From those days forward, as I went through physical and rehabilitative therapy, and pursued my own personal injury claim, I taught myself the applicable law to fully comprehend my own case and make informed decisions. I can now offer that education to you. Please let our firm assist you in pursuing your personal injury claim and you will see how this education has benefitted me in assisting numerous personal injury claims for others, and how it can benefit you.

Stacks Image 1257801

Download Our Firm's Resume: