Collections & Commercial Law
Throughout Northeast Texas, the Campbell Law Firm, PC (CLF) provides aggressive representation for businesses and individuals in disputes over unpaid balances, commercial debts, and judicial judgments. CLF will work hard to obtain the maximum recovery on each debt, for each client, regardless of size.
The Firm assists clients with all aspects of commercial debt collection in Texas. Each collection matter is evaluated individually by an experienced attorney. Possible legal strategies and judicial processes are considered and selected based on their potential for maximizing recovery. The methods available to the Firm vary with each case, but typically include one or more of the following:
- Negotiating with the debtor to obtain full or partial recovery prior to judicial proceedings;
- Filing a lawsuit seeking to recover the amount owed, including accrued interest on the debt and related economic damages;
- Obtaining pre-judgment asset protection through pre-judgment garnishment, writs of attachment, and other judicial procedures;
- Seeking the recovery of incurred costs and fees through litigation;
- Obtaining debt recovery and commercial collection through arbitration, mediation, or trial;
- Seeking post-judgment collection of amounts awarded from judicial process; and
- Registering and enforcing Texas judgments in other states and foreign judgments in Texas.
Judicial Post-Judgment Collection
Obtaining a judgment is typically only the first step in securing an effective outcome. Collecting a judgment is often just as complicated and difficult as obtaining the judgment. The Firm has experience in aggressively collecting upon judgments to maximize return to clients.
Foreign Judgment Registration and Collection
If a judgment is entered in Texas against a debtor with non-exempt assets in another state, or if a judgment is entered against a debtor in another state with non-exempt assets in Texas, the Firm can assist with collecting the judgment.
As with the pre-judgment process, there are a variety of methods available to assist creditors in Texas with collection of judgments.
Discovery in Aid of Judgment
In Texas, a party who obtains a judgment may inquire about a judgment debtor's ability to satisfy the judgment through the post-judgment discovery process, which is a process conducted through the court that rendered the judgment. Through this process, a person who obtains a judgment may utilize many devices available to parties in litigation, including depositions, written interrogatories, and written requests for production of documents and tangible items.
Judgment Liens
Typically, one of the first steps taken to preserve an interest in a judgment in Texas is the filing of an abstract of judgment. With some limited exceptions, once an abstract of judgment is recorded and indexed in the county records, a lien attaches to all non-exempt real property currently owned or owned in the future in that county by the judgment debtor.
Writ of Execution
Perhaps the primary tool in Texas available for judgment creditors, or those who have secured a judgment, is the writ of execution. A writ of execution is the process by which the sheriff or constable in the State of Texas can seize, or levy upon, the judgment debtor's non-exempt assets to satisfy the judgment.
Turnover Orders
Another post-judgment mechanism available to collect on a judgment in Texas is the turnover process. The turnover process is a statutorily granted remedy in which a court literally orders a judgment debtor to "turn over" non-exempt assets owned by the debtor that can be used to satisfy a judgment.
Post-Judgment Garnishment
Garnishment proceedings are also available to those who have secured a judgment in Texas. Much like the pre-judgment garnishment process, the post-judgment garnishment process allows a judgment creditor to reach a debtor's non-exempt assets that are in the possession of a person or business not involved in the litigation.
Enforcing Judgments from Other States in Texas
Under the full faith and credit clause of the United States Constitution, a valid and final judgment entered in another state is generally entitled to full faith and credit in the State of Texas. The Uniform Enforcement of Foreign Judgments Act (UEFJA) sets forth the Texas procedures to register and enforce a judgment from another state.
Legal Fees for Collection Service
At CLF, our fees for handling a commercial debt or judicial collection case depend on factors such as the type and amount of the unpaid debt, the status and assets of the alleged debtor, and the complexity of the issues involved. The Firm usually handles collection one of three ways:
- On a contingency basis, using a percentage;
- On an hourly basis; or,
- Using a hybrid of contingency and hourly fee arrangements.
Representing Creditors in Bankruptcy Matters
CLF represents creditors and judgment holders in bankruptcy matters. The Firm provides services such as:
- Filing Proof of Claims
- Filing Motions to Lift the Automatic Stay
- Filing Objections to Plans
- Filing Objections to Discharge
- Reaffirmation Agreements
Seek Experienced Legal Representation
To learn more about our services or to discuss your collection matter with an experienced lawyer, contact the Campbell Law Firm, PC, today. To send your debt collection request, select forward a claim.
