Experienced Dallas Attorney Handles Collection Matters

Determined representation for business creditors

Businesses trying to collect from clients and consumers face numerous obstacles and can even expose themselves to serious liability if their collection practices violate state or federal law. But your company can trust the Law Office of Paul R. Clevenger to manage your collections ethically and lawfully. I have more than 30 years of experience managing business litigation, including collection actions. There is no reason to sell your debt for pennies on the dollar to a collection agency. I take reasoned and decisive steps to protect your interests, so you can get paid what you are owed.

Decisive steps in the debt collection process

Creditors who wish to collect on a debt must adhere to state and federal law, which protects consumers from harassing, threatening, or deceptive actions by creditors attempting to collect debts. As your legal representative, I conduct collections operations by the letter of the law, taking measured, lawful steps to secure payment:

• Demand letter — Sometimes an attorney letter is sufficient to convince a debtor it is time to pay. I send a letter to the debtor giving notice that the debt must be paid by a certain date, or legal proceedings will begin.
• Filing a lawsuit — If the debtor fails to comply with the letter, I file suit on your behalf in state court seeking a judgment for the amount owed.
• Negotiations — Faced with a lawsuit, a debtor may want to negotiate a payment schedule or a settlement. Depending on the debtor’s ability to pay and the possibility of bankruptcy, a settlement that guaranties payment for less than the full amount may sometimes be in your best interest.
• Obtaining the judgment — If negotiations are not fruitful, I proceed to trial, seeking a judgment for the debt. A court judgment enables a creditor to press the court for various collection remedies.

Post-judgment collection remedies may include the following:

• Recording an abstract of judgment to perfect a lien on the debtor’s real property.
• Having a writ of execution issued and delivered to a sheriff or constable to levy on and sell non-exempt property belonging to the judgment debtor.
• Engaging in post-judgment discovery to locate non-exempt assets of the debtor.
• Obtaining an order from the court ordering the debtor to turn over certain property to a sheriff, constable or receiver to be sold.
• Garnishing the debtor’s property or funds being held by a third party, such as a bank.

Debtors may still use various tactics to frustrate debt collection. For example, a debtor might try to place assets out of the creditor’s reach by making a fraudulent transfer to a third party. I have experience with fraudulent transfer litigation, and know the steps to take to void the exchange and return the assets for attachment.

Contact a skilled litigation attorney in Dallas to assist with your company’s collections

The Law Office of Paul R. Clevenger provides determined collection services for companies seeking to be paid for goods and services. Call me today at 469-212-9764 or contact me online to schedule a free initial consultation. My office is in northeast Dallas at 6510 Abrams Road, close to the White Rock Creek Greenbelt.