At Bristol & Dubiel LLP, our attorneys represent businesses based across the country that need assistance in commercial debt collection in the Dallas / Ft. Worth area, Houston and across the entire state of Texas as well as Oklahoma. We can assist you with all your delinquent accounts receivable or we can provide representation if you have been sued in Texas or Oklahoma. We are also admitted to practice before all Federal District and Bankruptcy Courts in Texas and Oklahoma.

If you have any questions or would like to speak with an attorney regarding your commercial debt collection matter, please call our Dallas, Texas, office at (214) 880-9988. You will speak directly to an attorney. If no attorney is available, you will receive a call back by the end of the business day. You may also email us at mail@bristoldubiel.com or complete the form on the Contact Us page of this website and an attorney from our office will make contact with you by the end of the business day.

Debt Collection in Texas - An Overview

Bristol & Dubiel LLP specializes in the 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 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.

Conclusion Creditors have a variety of tools to use in Texas to collect debts, before, during and after a lawsuit is filed. Debtors also have legal rights and there are clear legal restrictions on creditors’ conduct.. If you have questions about enforcing a valid debt or if you are the subject of debt-collection attempts, contact an experienced debtor-creditor law attorney to learn how to protect your legal rights.