• matters not requiring lawsuits
• matters requiring lawsuits
• bankruptcy

Some collections procedures do not require a court to help you. A mortgage company can foreclose a home for nonpayment of a mortgage loan in Texas without going to court if the paperwork is properly drafted and the debtor does not go to court. Additionally, certain claims dealing with car loans or with car repairs allow repossession of a car without a court order. It is important to remember that the law still imposes strict requirements on lenders even without court assistance. It is important that you have an attorney assist you in complying with the law. Failure to follow the law can be a time consuming and expensive mistake. My offices helps creditors comply with the law when they are attempting to collect debts without court assistance, such as when they are

• foreclosing real estate under a written deed of trust lien (a mortgage for you non-Texas folks),
• repossessing personal property or collateral under a security agreement,
• repossessing personal property or collateral under a statutory lien,
• exercising an offset or other remedy allowed under a contract or statute, or
• discontinuing service, if allowed under contract or statute.

If a lawsuit is required to collect the money you are owed, you must remember that the law imposes strict time deadlines to act, depending on the reason you are owed money. You must contact an attorney before it is too late to protect your rights. Collections lawsuits are often divided into three phases:

• pre-trial matters,
• trial matters, and
• post-judgment matters.

PRETRIAL MATTERS

My office assists creditors with seeking pre-trial seizure of collateral or other property in appropriate cases through writs of garnishment, writs of attachment, writs of sequestration, and writs of injunction and turn-over orders.

TRIAL MATTERS

My office assists creditor clients in obtaining a judgment for the amount owed. The law allows some creditors to obtain a judgment for attorneys' fees and for interest before suit. I assist clients in their efforts to obtain the relief they are allowed under the law.

POST-JUDGMENT MATTERS

Once a creditor has a judgment, the job is not over. Getting people to pay their judgments can be difficult. Texas is a very debtor friendly state. I assist my clients in seeking payment of their judgment through remedies the law allows judgment creditors, such as

• perfecting judgment liens,
• obtaining seizure and sale of the debtor's property under a writ of execution,
• obtaining the seizure of debtor's property held by others (such as banks) by writ of garnishment,
• obtaining the a turn-over order from the court requiring the debtor or others to turn the debtor's property over to the sheriff for sale to satisfy the judgment,

Occasionally, a debtor will seek the protection of the bankruptcy courts. This protection granted by the Bankruptcy Code is allowed only if the debtor complies with the strict requirements under the code. My office assists creditors attempting to collect claims through the bankruptcy process. I can assist a creditor client through the § 341 creditor's meeting, the plan confirmation, any motions to lift the § 362 automatic stay, any cash collateral motions or motions for sale of property, any motions to avoid liens or transfers, any objections or exceptions to the discharge, any objections to the claims of exempt property, any motions to dismiss, any adversary proceedings or other contested matters, and any other bankruptcy processes the creditor is likely to face. If you have received notice of a bankruptcy proceeding, you really should contact an attorney IMMEDIATELY to protect your rights.

My office has helped debtors who are suffering from debt collector and creditor problems. If you would like to visit about your matter, please do not hesitate to contact my office.