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.
Bell Nunnally’s Creditors’ Rights attorneys bring an aggressive and measured approach to obtain payment from debtors. Our collective knowledge and experience in this area is formidable. We have broad experience representing a range of creditors, including institutional lenders, investment companies, construction companies and suppliers, commercial landlords, manufacturers, technology companies and business service providers.
For out-of-state creditors, we frequently domesticate foreign judgments into Texas for enforcement purposes. In addition, we have significant experience defending creditors from counterclaims, such as the Fair Debt Collection Practices Act (FDCPA), wrongful foreclosure and usury.
Designing Effective Strategies
We vigorously prosecute claims for our creditor clients based on defaulted loans, 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. The Creditors’ Rights attorneys often work closely with complementary firm attorneys, including those in the litigation and appeals, corporate, bankruptcy and financial restructuring, real estate and construction practices.
When collectability is an issue, we may seek to preserve a debtor’s assets through various judicial proceedings, including pre-judgment garnishment, sequestration or temporary injunction. Once a lawsuit is filed, we often utilize the summary judgment procedure to obtain judgment on the debt.
Post Judgment Collection
After a judgment is obtained, we look for ways to expand liability of the debt to other responsible parties through fraudulent transfer or construction trust fund theories. We also proactively help clients identify hidden assets through online investigations and post-judgment depositions. Once assets are identified, we aggressively seek their recovery via various judgement collection proceedings aimed at increasing the collectible value of judgments, including:
- Post-judgment garnishments
- Charging orders
- Turnover actions