William J. Denius
Bill is a Shareholder at Killgore Pearlman with 25 years of litigation experience. He focuses on helping auto finance companies, equipment finance/leasing companies and other creditors with commercial collections of monies owing; replevins (recovery of property); and the defense consumer claims. He has particular experience with replevins of vehicles, motorcycles and boats; obtaining and enforcing judgments via bank garnishments and levy; defending auto finance companies from claims brought by consumers alleging violation of state and federal debt collection practices acts; and defending RV dealers from claims for breach of warranty. His practice also includes representing creditors in bankruptcy cases filed by debtors, including the filing of motions for relief from stay and prosecuting adversary proceedings to except debts from discharge. More...
Bill is the State Editor for Florida of CARLAW, a monthly multi-faceted legal reporter for legal compliance specialists in the consumer automobile industry; and has obtained the Consumer Credit Compliance Certification from the National Automotive Finance Association. He also frequently speaks and writes on topics of interest to auto finance and equipment finance/leasing companies, including repossessions, collections and compliance; and 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 a number of jury and 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; and 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.
Contact
(407) 425-1020
(407) 839-3635
wjdenius@kpsds.com
Assistant: Jackie Santana (jsantana@kpsds.com)
Download V-Card
Practice Areas
Certifications
- Consumer Credit Compliance Certification, National Automotive Finance Association
Publications
- Credit Reporting Takes The Stage During Coronavirus Pandemic After Becoming Target of Lawsuits and Examinations, Mar 2020, Non-Prime Times (Official Publication of the National Automotive Finance Association)
- Watch Your Step: Justice Department Reaches Yet Another Settlement with Auto Finance Company for Violating SCRA, Sep 2019, Non-Prime Times (Official Publication of the National Automotive Finance Association)
- CFPB Highlights Trouble in Collecting Inflated Deficiences, Jun 2019, Non-Prime Times (Official Publication of the National Automotive Finance Association)
- A Tale From The Trenches: Retail Installment Sale Contracts Are Not Loans!, Jan 2019, Non-Prime Times (Official Publication of the National Automotive Finance Association)
- Checklist: Responding to Repair and Towing Liens, Mar 2018, Non-Prime Times (Official Publication of the National Automotive Finance Association)
- Repossessions: Recent Developments in Auto Finance, Nov 2017, Non-Prime Times (Official Publication of the National Automotive Finance Association)
- Frequently Used Terms in Automobile Finance Transactions, 2017, American Bar Association
- Is That a Train I Hear Comin': CFPB Releases Outline of Proposals to Overhaul Debt Collection, Oct 2016, Non-Prime Times (Official Publication of the National Automotive Finance Association)
- When That Hotline Bling Can Only Mean One Thing: Guidance In Dealing With Stop Call Requests, Apr 2016, Non-Prime Times (Official Publication of the National Automotive Finance Association)
- Filing Proofs of Claims on Old Debts, Oct 2014, Non-Prime Times (Official Publication of the National Automotive Finance Association)
- Looking Back: A Reflection on Some Notable TCPA Cases, Feb 2014, Non-Prime Times (Official Publication of the National Automotive Finance Association)
- Watch Your Step: Guidance in Collecting Consumer Debts, Oct 2013, Non-Prime Times (Official Publication of the National Automotive Finance Association)
- The Social Network: Guidance in Dealing With Consumers via Social Media, Apr 2013, Non-Prime Times (Official Publication of the National Automotive Finance Association)
- Tug of War: What To Do When a Repair Shop Has Your Car, Jun 2012, Non-Prime Times (Official Publication of the National Automotive Finance Association)
- The Fast and the Furious: Superior Security Interests May Mean Free Tires and Wheels, Etc., Dec 2011, Non-Prime Times (Official Publication of the National Automotive Finance Association
Speaking Engagements
- Replevin 101, Lease Enforcement Attorney Network, May 26, 2021
- 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, November 19, 2020
- 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 (June 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 (June 2, 2016)
- Why Dealers Get Sued And How To Avoid It, AutoStar Innovate Conference (September 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 (June 6, 2013)
- Repossessions, National Automotive Finance Association’s Non-Prime Auto Financing Conference (May 31, 2012)
Professional Associations
- CARLAW State Editor for Florida
- National Automotive Finance Association, Legal Committee
- American Financial Services Association, State Government Affairs Committee and Operations and Regulatory Compliance Committee
- Lease Enforcement Attorney Network
- National Creditors Bar Association
- Florida Creditors Bar Association
- FIADA (Florida Independent Automobile Dealers Association)
Admissions
- The Florida Bar
- United States Court of Appeals, Eleventh Circuit
- United States District Courts for the Middle, Southern and Northern Districts of Florida
- United States Bankruptcy Courts for the Middle, Southern and Northern Districts of Florida
Education
- Juris Doctor, cum laude, University of Miami School of Law, 1996
- Bachelor of Business Administration, Emory University, 1993
- Bachelor of Science, Emory University, 1993
News Articles
Watch Your Step: Justice Department Reaches Yet Another Settlement with Auto Finance Company for Violating SCRA
Over the last couple of years, it seems I keep seeing the same headline over and over: “Justice Department settles…
More
CFPB Releases Outline of Proposals to Overhaul Debt Collection
By William J. Denius In late July, the Consumer Financial Protection Bureau (“CFPB” or “Bureau”) released its outline of proposals…
More
Repossessions: Recent Developments in Auto Finance
By William J. Denius Recent action by federal regulators pertains to an area of particular interest to me, and in…
More
The Social Network: Guidance In Dealing With Consumers Via Social Media
In The Social Network, a movie about the creation of Facebook, “Sean Parker” and “Mark Zuckerberg” converse about the potential…
More
The Fast And The Furious: Superior Security Interests May Mean Free Tires And Wheels, Etc.
Over the course of the last several years, a number of automotive financing companies have asked me an interesting and…
More
After Repossession, Can You Keep Items Added To The Vehicle By The Customer?
A buy-here-pay-here dealer called me the other day inquiring as to whether it could keep – after repossessing a vehicle…
More