We concentrate on commercial debt collection of secured and unsecured debt. Such debts commonly include open accounts, defaulted promissory notes, lease obligations and breach of contract claims or any other obligation to pay a debt. While individual debtors in Texas are afforded a number of statutory and constitutional exemptions concerning their real and personal property, business entities have no exemptions. There are several remedies the commercial creditor can pursue to collect its debt or judgment in Texas including sequestration/replevin, garnishment, turnover, receivership and execution.
Creditors’ Legal Remedies for Commercial Debt Collection
When a debtor fails to pay a debt, the creditor, or its attorney can send a demand letter and resolve any outstanding issues by agreeing to a lump sum payoff for the amount owed, accept a lesser amount or agree to a payout. However, more often than not, a lawsuit must be brought against the debtor and the case pursued until either a settlement is achieved or a judgment is rendered. Prior to a judgment being rendered, the commercial creditor can pursue various remedies including sequestration/replevin, attachment, discovery, turnover and in some limited circumstances garnishment. If, after a judgment is rendered, a commercial debtor still refuses to pay, post judgment remedies are pursued to recover available cash and assets, including discovery, garnishment, turnover, receivership, execution and the filing of an abstract of judgment.
If the debt owed to the creditor is secured by collateral and the debtor defaults under the terms of its loan agreement, the creditor may repossess the collateral by itself if it can be done without a breach of the peace or may hire an attorney to initiate judicial foreclosure proceedings known as replevin or sequestration and have the sheriff or constable take back the property on its behalf during the pendency of its lawsuit for judicial foreclosure. Once the creditor regains undisputed possession of the collateral, it can sell the collateral pursuant to the Uniform Commercial Code Article 9. If the sale of the collateral does not cover the amount owed under the terms of the agreement with the debtor, a deficiency lawsuit can be pursued against the debtor to cover the remainder, also subject to the provisions of Article 9 of the Uniform Commercial Code.
Creditors have a variety of tools to use in Texas to collect debts, before, during and after a lawsuit is filed. We know how to collect commercial debts and enforce judgments, whether they were entered in Texas or another state or country and regularly file commercial lawsuits and domesticate judgments across the State of Texas to do so. We know how to find assets to maximize your recovery and provide regular status updates.
We handle commercial debt collection and collection defense, for businesses across the nation that have matters residing in Texas. To speak with a knowledgeable, dedicated, and aggressive attorney, call (214) 880-9988 for a free consultation. Flexible and innovative fee arrangements are available. Please contact us toll free at 800 589-1413