Texas collections lawyers need to be prepared to go trial.
The client was in the business of closing loans for mortgage companies. He was paid a flat fee for each loan that he closed. During a difficult period in his life (including a mother passing away) he was distracted and failed to bill a significant number of closings.
After doing everything he could to collect this debt on his own, he found his way to us.
From the very beginning the debtor was clear that nothing would ever be paid. Trial seemed inevitable.
So many lawyers seem to assume the case will settle and fail to work it up for trial. But we find that preparing a case for trial is the most intimidating thing you can do to opposing counsel. As a result, we prepare every case as though it is going to trial. So this case was not particularly difficult for us.
Opposing counsel began making tiny offers in the weeks before tria hoping we would see them as lifelines. But since we were ready for trial, we weren't interested. At trial we won everything we asked the judge to give us.
Yet again, preparation is shown to be the most important factor to success at trial.