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Creditors' Rights

We bring an aggressive and measured approach to obtaining payment from debtors.  Our collective knowledge and experience in this area is formidable.  Our goal is simple:  to turn a debt into cash.  Indeed, we count legal victories, not in terms of paper judgments, but in terms of dollars in your pocket.  We vigorously prosecute claims for our creditor clients based on promissory notes, leases, guarantees, and unpaid accounts.

From the outset, we work with clients to identify strategies to put pressure on the debtor, always with an eye on the client’s budget.  When collectability is an issue, we may seek to preserve a debtor’s assets through various judicial proceedings including pre-judgment garnishment, sequestration, and/or temporary injunction.  Once a lawsuit is filed, we often utilize the summary judgment procedure to obtain judgment on the debt.

After judgment is obtained, we look for ways to expand liability of the debt to others through fraudulent transfer or construction trust fund theories.  We also proactively help clients identify hidden assets through on-line investigations and post-judgment depositions.  Once assets are identified, we aggressively seek their recovery via post-judgment garnishments and turnover actions.

Overall, our experience representing creditors is broad.  Our clients include institutional lenders, investment companies, construction companies and suppliers, commercial landlords, manufacturers, technology companies and business service providers.  Our financial industry clients routinely seek us out to facilitate the collection of defaulted loans by recovering collateral and foreclosing on secured properties.  In the construction industry, we help contractors and suppliers working on private, state, and federal projects, to perfect and foreclose mechanic’s and materialman’s lien claims and payment bond claims.  For commercial landlords, we handle lease-related disputes including breach of lease cases and forcible detainer actions.  Our attorneys also work with credit managers to develop credit policies and forms, including credit applications, guarantees, and promissory notes.  For out-of-state creditors, we frequently domesticate foreign judgments into Texas for enforcement purposes.  Finally, we have significant experience defending creditors from counterclaims such as FDCPA, wrongful foreclosure, and usury.