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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, Berkshire Bank, The Cadle Company, Equilease Financial Services, Export Development Canada, FedLoan Servicing, JP Morgan Chase, Marine One Acceptance, Pennsylvania Higher Education Assistance Agency, Pioneer Credit Recovery, Stanford Federal Credit Union, TD Banknorth, Vertex Financial.
  • Construction Industry — Action Stainless, Adleta Corporation, Avalanche Equipment, Barnsco, Betafence, Cedar Creek Lumber, CMC Design, Crawford Electric, DHB Concrete Inc., Distribution International, 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, ROMCO Equipment, Secure USA, Six & Mango Equipment, Standard Supply, TKO Equipment, US Trinity Energy.
  • Other Clients — Accudyne Industries, Bradsby Group, Cummmings Resources, Expertus Laboratories, Galleria Investors LP, GES Consulting, Olmstead-Kirk Paper Company, Securus Technologies, Trademark Property, United Engines, Village on the Parkway.
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
  • 2018: “File Your Liens Like a Jedi,” NACM Southwest-Austin (Oral and Written Presentation)
  • 2018: “To Lien or Not to Lien: The Cost /Benefit Analysis,” NACM Southwest-Waco
  • 2018: “Personal Guaranties that ‘Save the Day’: Top 10 Guaranty Mistakes,” NACM CFDD (Oral and Written Presentation)
  • 2018: "Antitrust Law Update - 2018," NACM's National Non Ferrous Metals Trade Credit Group
  • 2018: "File Your Liens Like a Jedi (Advanced Class)," NACM Southwest (Oral and Written Presentation)
  • 2018: "File Your Liens Like a Jedi (Beginner Class)," NACM Southwest (Oral and Written Presentation)
  • 2018: "2018 Legal Update: FDCPA & Collecting Judgments in Texas," The Cadle Company (Oral and Written Presentation)
  • 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)