If I Pay You, Then You Cannot Foreclose on My House!
Wrongful foreclosure lawyers in Texas stay busy. We never cease to be amazed at the incompetence of most lenders. We are frequently retained to stop a foreclosure in circumstances where the lender has been dealing with the borrower and then, despite accepting payments or has reached an agreement with the borrower, goes forward with foreclosure. […]
A Turnover for the Ex-husband
Turnovers in Texas can be special. Judgments awarded in a divorce are very common. As you have probably guessed, we spend a significant amount of time representing people trying to collect a debt after they have such a judgment. As part of that process we use a device known as a turnover order of the […]
Writ of execution: goodbye airplane.
Writ of execution: A Texas collections lawyer’s friend. This was an unusual use of a writ of execution. Another lawyer had obtained the judgment, but as is so often the case, was not sure how to collect the judgment. Before doing much we investigated the basic assets of the debtor. The debtor’s homestead was in the […]
Rent it, don’t steal it.
A different Texas debt collection scenario. One of our clients is an equipment rental company. They rented a backhoe to the defendant, a small construction company. The defendant paid rent for a few weeks and then alleged that the backhoe had been stolen. Of course, the rental agreement placed all responsibility for its theft on […]
Watch out for the Girlfriend
Sometimes, truth is stranger than fiction in the debt collections business in Texas. We went to trial on Valentine’s Day. We represent a company I will just call Plaintiff. They are in the business of selling produce and related products to restaurants in the D/FW area. There is a guy in town that is known […]
A TRO for All Seasons
A Temporary Restraining Order can be used to buy time in tricky business situations. When the client walked in the door, here was his situation: 1. He owned a building that was under contract to sell for $2.4 Million, but he was behind in his payments on the $1.3 Million mortgage and so the bank […]
An Old Lady Loses Everything
In Texas, lawyers can obtain Temporary Restraining Orders to preserve a debtor’s collateral. When the client first walked in the door, I could not believe the story, but it was all true. The client owned a medium-sized and successful company in Dallas that employed about 50 people. The client also owned the building that the […]
Magic Letterhead
Collecting debt in Texas can sometimes be done with nothing more than a good lawyer’s letterhead. The client sold a large industrial sized printer to a customer that was in the direct mail business. The invoice (which approached six figures) was due in 30 days but when we met with the client the customer was […]