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Randall K. Lindley
Biography

Randy Lindley represents clients in the areas of creditors’ rights and commercial litigation. He is skilled and experienced with creditors’ rights, post-judgment remedies, commercial litigation, civil appeals, mechanic’s and materialman’s lien claims, construction litigation, landlord-tenant litigation, and foreclosures.


He has represented creditors in trials and appeals based on promissory notes, guarantees and unpaid accounts, and in sequestration actions to recover collateral. His representation of creditors often focuses on the payment of judgments through garnishments, turnover actions, and judicial foreclosures. He also assists creditors in discovering assets via post-judgment depositions and on-line investigations. In addition, he frequently domesticates judgments from other states into Texas for enforcement purposes. He has significant experience defending creditors from FDCPA lawsuits and usury claims.

Randy is frequently engaged by clients in the construction and financial industries. His financial industry clients routinely seek his assistance concerning the collection of defaulted loans and the recovery and foreclosure of secured properties. In the construction industry, he represents contractors and suppliers in construction litigation, arbitration proceedings, and the perfection of lien claims and payment bond claims. On behalf of commercial landlords, he handles landlord/tenant disputes and breach of lease litigation. Randy additionally counsels with credit managers regarding unpaid accounts, as well as credit policies and procedures.

Randy’s litigation experience is extensive; he has litigated numerous breach of contract disputes, including recovering more than $1.7 million for a marketing company.  He has also litigated several Federal Court lawsuits based on payment bond claims in excess of $1 million.  Among his trial victories, he obtained a favorable jury verdict after a state court trial involving a real estate loan. He has also handled a number of disputes in arbitration.  These include disputes involving stock purchase agreements and construction claims.

Education

  • J.D., Southern Methodist University Dedman School of Law, 1986
  • B.S., Business, summa cum laude, The University of Texas at Dallas, 1981
Representative Clients
  • Financial Industry — Arrow Financial, The Cadle Company, Equilease Financial Services, JP Morgan Chase, Marine One Acceptance, Pennsylvania Higher Education Assistance Agency, Pioneer Credit Recovery, Stanford Federal Credit Union, Summerlin Asset Management, TD Banknorth, Vertex Financial.
  • Construction Industry — Action Stainless, Adleta Corporation, Barnsco, Betafence, Cedar Creek Lumber, Crawford Electric, Epic Supply, Ferguson Enterprises, Greystone Roofing, H & E Equipment Services, Holcim, Inc., Lhoist North America, Master Tile, Mayer Electric Supply, Metl-Span, Romar Supply, Lattimore Materials, Lennox Industries, O’Neal Steel, Ratliff Ready Mix, ROMCO Equipment, Secure USA, Six & Mango Equipment, Sunvalley Electric, TKO Equipment, US Trinity Energy, WESCO Distribution.
  • Other Clients — Accudyne Industries, Bradsby Group, Cummmings Resources, Galleria Investors LP, Olmstead-Kirk Paper Company, Paper Source, Inc., Securus Technologies, Trademark Property, United Engine, LLC.
Noteworthy
  • Selected by attorney peers for inclusion in Texas Super Lawyers®, 2005
  • AV® Peer Review Rated in Martindale-Hubbell
Activities & Memberships
  • Dallas Bar Association
  • National Association of Credit Management
  • Frequent seminar speaker for the NACM on topics involving construction lien claims and payment bond claims, debt collection issues and post-judgment remedies.
Publications
Presentations
  • 2017: “The Electronic World of Credit,” NACM’s 121st Credit Congress (Oral and Written Presentation)
  • 2017: “Asserting Lien & Bond Claims in Texas (Advanced Class),” NACM Southwest (Oral and Written Presentation)
  • 2017: “Asserting Lien & Bond Claims in Texas (Beginner Class),” NACM Southwest (Oral and Written Presentation)
  • 2017: "2017 Legal Update: FDCPA & Bankruptcy Issues" The Cadle Company (Oral and Written Presentation)
  • 2016: “Bankruptcy: A Creditor’s Viewpoint,” Lennox Industries (Oral and Written Presentation)
  • 2016: “Dealing with Sureties,” NACM Southwest, CFDD
  • 2016: "I've Got a Judgment, Now What? Turning Your Judgment into Cash!" NACM All-South Credit Conference (Oral and Written Presentation)
  • 2016: "Asserting Lien & Bond Claims in Texas (Advanced Class)," NACM Southwest (Oral and Written Presentation)
  • 2016: "Asserting Lien & Bond Claims in Texas (Beginner Class)," NACM Southwest (Oral and Written Presentation)
  • 2016: “2016 Legal Update: FDCPA & Texas Case Law” The Cadle Company (Oral and Written Presentation)
  • 2015: “From There to Here, From Here to There, Lien Things are Everywhere!” Barnsco (Oral and Written Presentation)
  • 2015: “From There to Here, From Here to There, Lien Things are Everywhere!” NACM Southwest (Oral and Written Presentation)
  • 2015: “From There to Here, From Here to There, Lien Things are Everywhere!” NACM Southwest CFDD (Oral and Written Presentation
  • 2015: “Business Credit Applications & Guaranties” NACM (Oral and Written Presentation)
  • 2015: “Secured Transactions: Protecting your Credit Decision” NACM CFDD (Oral and Written Presentation)
  • 2015: “Asserting Mineral Liens in Texas, New Mexico, and North Dakota” Sun Valley Electric (Oral and Written Presentation)
  • 2015: "Asserting Lien & Bond Claims in Texas" Ferguson Enterprises, Inc. (Oral and Written Presentation)
  • 2015: “DBE’s… Spotting the Fake Pass Through!” NACM Southwest (Oral and Written Presentation)
  • 2014: “FDCPA, Texas Community Property, Oil, Gas and Mineral Interests, and Bankruptcy Issues,” The Cadle Company (Oral and Written Presentation)
  • 2014: “The Electronic World of Credit,” Creditscape Conference (Oral and Written Presentation)
  • 2014: "Evaluating the Account Receivable Process From A Legal Point of View," NACM Southwest (Oral and Written Presentation)
  • 2014: "The Electronic World of Credit," NACM National Battery Components and Zinc Suppliers Credit Group Meeting (Oral and Written Presentation)
  • 2014: "Asserting Lien & Bond Claims in Texas," NACM Southwest (Oral and Written Presentation)
  • 2014: "Credit Department Legal Update," Barnsco (Oral and Written Presentation)
  • 2013: “Credit Manager Battlefield Tactics” NACM Southwest – Power Sports (Oral and Written Presentation)
  • 2013: “Pitfalls of Social Media/FDCPA” NACM (Webinar)
  • 2013: “The Electronic Credit Department,” NACM Western Region Credit Conference (Oral and Written Presentation)
  • 2013: “Top 10 Terms and Conditions & Top 10 Guaranty Mistakes,” NACM CFDD (Oral and Written Presentation)
  • 2013: "The Electronic Credit Department," NACM All-South Credit Conference (Oral and Written Presentation)
  • 2013: "The Electronic Credit Department & Social Media: The Tool or The Trap?" (Oral and Written Presentation)
  • 2013: “The Electronic Credit Department,” NACM Midwest - National Christian Suppliers Credit Group Meeting (Oral and Written Presentation)
  • 2013: “Asserting Lien and Bond Claims in Texas,” Sunvalley Electric Supply Co. (Webinar)
  • 2013: “The Electronic Credit Department,” NACM’s 117th Credit Congress (Oral and Written Presentation)
  • 2013: “Asserting Lien & Bond Claims in Texas,” NACM Southwest (Oral and Written Presentation)
  • 2013: "Don't Gamble with Your Construction AR. Stack the Deck in Your Favor by Asserting Liens & Bond Claims in Texas," NACM Southwest (Oral and Written Presentation)
  • 2013: “The Electronic Credit Application,” NACM Tampa (Oral and Written Presentation)
  • 2012: “FDCPA, Use of Social Media, and Identity Theft/Mistaken Identity,” The Cadle Company (Oral and Written Presentation)
  • 2012: “Suing the Tenant and Guarantor on the Lease,” Lorman (Oral and Written Presentation)
  • 2012: “Commercial Evictions,” Lorman (Oral and Written Presentation)
  • 2012: “Battle of the Forms: Contract Formation,” NACM Connecticut, Ceramic Tile Manufacturer’s Group (Oral and Written Presentation)
  • 2012: “Dealing with Sureties 101,” NACM CFDD (oral and written presentation)
  • 2012: “Business Failures, Antitrust Update, and Disputed Accounts,” Marazzi National Sales Meeting (oral and written presentation)
  • 2012: “New Laws Affecting the Construction Industry,” CMA Webinar
  • 2012: “The Electronic Credit Application,” NACM’s 116th Credit Congress and Exposition (oral and written materials)
  • 2012: “Top 10 Guaranty Mistakes,” NACM Houston Chapter (oral presentation and written materials)
  • 2012: "Top 10 Credit Application Mistakes," NACM CFDD Dallas/Fort Worth Chapter (oral presentation and written materials)
  • 2012: Construction Boot Camp --  "New Laws Affecting "Releases," "Retainage" and "Indemnification Clauses,"' NACM Southwest (oral presentation and written materials)
  • 2012: Construction Boot Camp --  "Top 10 Practical Tips on Resolving Construction Claims," NACM Southwest (oral presentation and written materials)
  • 2011: "New Laws Affecting the Construction Industry," NACM Southwest (oral presentation and written materials)
  • 2011: "Be Sure to Use True Grit to File Your Liens... Asserting Lien Claims & Bond Claims in Texas," NACM Southwest (oral presentation and written materials)
  • 2011: "Turn Your Judgment into Ca$h," NACM Southwest (oral presentation and written materials)
  • 2011: "Asserting Lien & Bond Claims in Texas," Ratliff Ready-Mix (oral presentation and written materials)
  • 2011: "Be Careful Who You Call a Deadbeat," The Connection, NACM Southwest E-Credit News
  • 2010: "Risk Mitigation Through Better Documents," NACM -CFDD
  • 2010: "Fair Debt Collection Practice Act," The Cadle Company (oral presentation and written materials)
  • 2010: "Making the 'Promise to Pay' Come True," NACM Southwest/The West Texas Oilfield and Industrial Group (oral presentation and written materials)
  • 2010: "Dealing with Difficult Debtors," NACM Southwest (oral presentation and written materials)
  • 2010: “Mediation:  The Judicial Switzerland in the Litigation World War,” NACM CFDD Dallas/Fort Worth Chapter (oral presentation and written materials)
  • 2010: “Make Sure Your Lien Rights are Not Lost on Pandora…Use an Avatar to file your Liens – Asserting Lien & Bond Claims in Texas,” NACM Southwest (oral presentation and written materials)
  • 2010: “Tools of the Trade:  Joint Check Agreements, Promissory Notes, and Security Agreements” NACM Southwest (oral presentation and written materials)
  • 2010: "Payment Terms," NACM-CFDD (oral presentation and written materials)
  • 2010: "Judicial Foreclosure Procedure," National Business Institute (oral presenation and written materials)
  • 2009: “The Red Flag Rules,” NACM - CFDD (oral presentation and written materials)
  • 2009: "Texas Amends Fraudulent Lien Statute," E-Credit News, NACM Southwest
  • 2009: “Judicial Liens in Texas: An Abstract Concept,” The Cadle Company (oral presentation and written materials)
  • 2009: “Asserting Lien & Bond Claims,” NACM - CFDD (oral presentation and written materials)
  • 2009: “Make Sure Your Lien Rights are Not…Gone with the Wind – Asserting Lien & Bond Claims in Texas,” NACM Southwest (oral presentation and written materials)
  • 2009: “How to Stay ‘Construction Savvy’ in an Economic Downturn,” NACM Southwest (oral presentation and written materials)
  • 2009:  “Battle of the Forms,” NACM Cap Class (oral presentation and written materials)
  • 2009:  “Secured Transactions:  The Mystery and Options to Protect Your Credit Decision,” NACM Cap Class (oral presentation and written materials)
  • 2008:  “Enforcing Judgments Against Oil & Gas Interests in Texas,” The Cadle Company (oral presentation and written materials)
  • 2008:  “Go Ahead and Make My Day- Lien Claims and Bond Claims in Texas,” NACM Southwest (oral presentation and written materials)
  • 2008:  “Litigation Issues and Strategies,” NACM CAP Class (oral presentation and written materials)
  • 2008:  “Know What You’re Building Before You Buy a Hammer:  Construction Law Issues,” NACM Southwest (oral presentation and written materials)
  • 2007: “New Texas Law on Pay When Paid Clauses,” NACM – Roofing Group (oral presentation and written materials)
  • 2007: “Fair Debt Collection Practices Act,” The Cadle Company (oral presentation and written materials)
  • 2007: “Commercial Evictions,” Lorman Education Services (oral presentation and written materials)
  • 2007: “Suing the Tenant and Guarantor on the Lease,” Lorman Education Services (oral presentation and written materials)
  • 2007: “Battle of the Forms: Contract Formation,” NACM - All South Conference (oral presentation and written materials)
  • 2007: “E-Contracting: The Mouse is Mightier Than the Pen,” NACM National Credit Congress (oral presentation and written materials)
  • 2007: “Battle of the Forms: Contract Formation in a Construction Setting,” NACM National Credit Congress (oral presentation and written materials)
  • 2007:  “Pirates of the Property Code:  Using Lien and Bond Claims to get the Gold,” NACM Southwest (oral presentation and written materials)
  • 2007:  “Post-Judgment Remedies,” Battery Components and Zinc Suppliers Credit Group Meeting, NACM Connecticut (oral presentation and written materials)
  • 2007:  “The Mouse is Mightier Than the Pen:  E-Contracting,” Lorman Teleconference (oral presentation and written materials)
  • 2006:  “E-Commerce: The Mouse is Mightier Than the Pen,” National Association of Women in Construction, Dallas Chapter (oral presentation and written materials)
  • 2006:  “Turning Your Lien…into Cha’-ching!,” NACM Southwest, Construction Boot Camp (oral presentation and written materials)
  • 2006:  “A Creditor’s Perspective on Texas Community Property Law,” The Cadle Company (oral presentation and written materials)
  • 2006:  “TA Operating v. Solar Application:  Its Impact on the Lien Law,” NACM Southwest (oral presentation and written materials)
  • 2006:  “E-Commerce: The Mouse is Mightier Than the Pen,” NACM Southwest, Credit Law Update Seminar (oral presentation and written materials)
  • 2006:  “Purchasing Law in Texas:  Litigation Issues and Strategies” and “e-Commerce Issues,” Educational Seminar for Lorman Education Services (oral presentation and written materials)
  • 2006:  “To Lien or Not to Lien – That is The Question: Asserting Texas Lien & Bond Claims,” NACM Southwest, Seminar (oral presentation and written materials)
  • 2005:  “From Da Vinci Code to Property Code:  Solving the Lien and Bond Claim Mystery,” NACM Southwest, Seminar (oral presentation and written materials)
  • 2005:  “De-Mystifying Statutory Lien & Bond Claims and the Texas Trust Fund Statute,” NACM Southwest, Credit Law Update Seminar (oral presentation and written materials)
  • 2005:  “E-Commerce:  The Mouse is Mightier Than the Pen,” NACM Southwest, Credit Law Update Seminar (oral presentation and written materials)
  • 2005: “Post-Judgment Remedies,” NACM Southwest, Regional Electronics Credit Group (oral presentation and written materials)
  • 2004:  “Battle of the Forms and Litigation Issues,” NACM Southwest, Houston Group, Super Days Seminar (oral presentation and written materials)
  • 2004:  “Don't Swim With the Sharks:  Avoiding Usury Liability in Texas,” NACM’s Credit and Financial Development Division, Fort Worth/Dallas Chapter (oral presentation and written materials)
  • 2004: “Purchasing Law in Texas:  Litigation Issues and Strategies” and “e-Commerce Issues,” Educational Seminar for Lorman Education Services (oral presentation and written materials)
  • 2004:   “Accelerating Notes in Texas,” The Cadle Company (oral presentation and written materials)
  • 2004: “From Novice to Lord of the Liens,” NACM Southwest (oral   presentation and written materials)
  • 2004:  “Battle of the Forms:  Contract Formation in a Construction Setting,” NACM’s Credit and Financial Development Division, Fort Worth/Dallas Chapter (oral presentation and written materials)
  • 2004:  “Post-Judgment Remedies,” NACM’s Credit and Financial Development Division, Fort Worth/Dallas Chapter (oral presentation and written materials)
  • 2003: “The Mouse is Mightier than the Pen:  E-Contracts and E-Signatures,” National Association of Credit Management, Houston Group -- Super Days Seminar (oral presentation and written materials)
  • 2003: “Dormant Judgments in Texas:  How to Avoid and Revive Them,” The Cadle Company (oral presentation and written materials)
  • 2003: “Contract Formation in a Construction Setting,” National Association of Credit Management - Texas State-Wide Construction Credit Group (oral presentation and written materials)
  • 2003: “Asserting Mechanic's and Materialman's Lien Claims and Payment Bond Claims in Texas,” National Association of Credit Management -- Southwest (oral presentation and written materials)
  • 2003: “Asserting Mechanic's and Materialman's Lien Claims and Payment Bond Claims in Texas,” Pennsylvania Association of Credit Management -- Steel Joist Deck Construction (oral presentation and written materials)
  • 2003: “Antitrust Laws and the ECOA: Their Effect on the Credit Industry,” National Association of Credit Management - National Battery Components & Zinc Suppliers Credit Group (oral presentation and written materials)