Texas Creditors’ Rights Attorneys
Experienced attorneys handling collection cases
Members of the firm spend substantial time engaged in the representation of financial institutions and other creditors and have significant experience in this area, including ongoing representation of banks, credit unions, and other business entities. Members of the firm have broad experience representing creditors and enforcing their rights through discovery of assets and invocation and pursuit of the various remedies available under applicable law to reach these assets, including through federal bankruptcy courts. Lawyers in the firm also have experience in general business litigation, real estate, zoning and land use law, and estate planning, probate, and corporate representation for a wide variety of clients. This additional expertise has on a number of occasions enhanced the firm’s ability to analyze and successfully pursue collection and related actions on behalf of financial institutions because of the varied legal issues which frequently arise in attempting to locate and realize upon assets. The firm frequently defends lender-liability claims asserted against financial institution clients, and we are familiar with the various claims and causes of action frequently made by debtors against their lenders. We also perform extensive foreclosure and commercial loan documentation work for our financial institution clients.
The firm currently represents several financial institutions, including state banks, national banks, and credit unions.
Fort Worth attorneys committed to providing results
We can assist you if you need help collecting money from debtors on:
- Unpaid loans
- Guaranties and promissory notes
- Letters of credit and other extensions of credit
- Fees owed for professional services
- Debts for goods sold or delivered
- Liens of all varieties
- Unpaid rent and charges for apartments, condominiums and co-ops
- Unjust enrichment claims
- Replevin actions subject to creditors’ liens
- Breach of contract actions
We are dedicated to delivering an exceptional client experience. In addition to providing litigation services, our attorneys also review our clients’ current contracts to eliminate potential issues that may arise in the future. By fighting for you today and protecting you for the future, Pope, Hardwicke, Christie, Schell, Kelly & Taplett, L.L.P. makes sure that you get the results that you deserve.
An overview of the collections process
- Receipt and review of your files
- Demand letter — Our attorneys send a letter to your debtor demanding payment. If the debtor responds to the letter, we work with you to see if you want to discount the debt and to set up a payment schedule.
- Lawsuit — If the debtor does not respond, we seek your permission to file a lawsuit. Once the suit is filed, our attorneys move quickly to obtain a judgment in your favor before trial. Although rare, if trial becomes necessary, our attorneys vigorously defend your right to collect payment.
- Judgment — A judgment gives our attorneys the opportunity to get the debtor’s attention. We attach liens on the debtor’s real estate and move to file wage garnishments to secure payment on the debt. These garnishments take money from the debtor’s bank account, paychecks and any other sources of income. If we cannot locate a debtor’s place of employment, we can force the debtor to appear in court for a post-judgment deposition and testify about the finances.
- Contempt — If the debtor fails to appear at the deposition or obey the commands of the Court, our attorneys can have the held in contempt of court. We usually reach out to the debtor before this becomes necessary, but if people continue to refuse to pay what they owe, we have no problem with enforcing all available remedies, including contempt.