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Citation Details
Title: Lawyer liable for debt collection violations.
Author: Carol McHugh Sanders
Publication: Defense Counsel Journal (Refereed)
Date: January 1, 2003
Publisher: International Association of Defense Counsels
Volume: 70 Issue: 1 Page: 167(2)

Distributed by Thomson Gale

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Post from: Texas Judgment Collection Center

Lawyer Liable for Debt Collection Violations.: An Article From: Defense Counsel Journal

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by Boston Public Library

Now that I have the Judgment, How do I Collect?

Every year, judgments are handed down in civil and small claims courts. Judgments for unpaid rents, delinquent credit cards or any number of breached contracts.

Winning a judgment is only half the battle…..getting paid is the other half. Almost 60 percent of all judgments go unpaid. To assist in the collection of unpaid debts, many people are now turning to Judgment Enforcement Companies that are able to pursue judgment collection to completion.

Some of the techniques used are:

1. Seizing personal property and other assets
2. Liens against real property
3. Wage garnishment
4. Bank Garnishment

Why Use Judgment Recovery Firm?

A judgment recovery firm will be on your side. Most judgment holders do not have the time, resources or knowledge to successfully pursue their judgment collection. The courts offer no help. Without the help of a Judgment Recovery Professional, the judgment holder is completely on their own.

Even Collection agencies are typically interested only in large commercial accounts, that send them new business every month. Not in single judgments on a one time basis. And they don’t understand the different and better resources available for Judgment collection anyway.

There are no exhorbitant attorney fees that easily run at 5 – 5 an hour with no guarantee they will collect on their judgment. Attorneys costs sometimes are even greater than the value of the judgment.

By far the best way for you to collect your judgment is to use a professional Judgment Recovery Firm that will find the debtors assets and lien, seize, and garnish everything in accordance with the law without your debtor even knowing that you are after him until it is too late..

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Post from: Texas Judgment Collection Center

Now That I Have the Judgment, How Do I Collect?

You can see The full resource below for your convenience.

Debt Settlement in Texas

A new approach of managing debt problems is debt negotiation or debt reduction. The debt settlement program enables customers to achieve effective negotiation with creditors in decreasing debt to 50 percent and become debt free within 12 to 36 months.

Debt settlement provides an ideal solution for consumers buried with credit card debt or those incurring late payments so they can manage their finances, pay the minimum amount due and eventually settle the outstanding balance. In this circumstances, use the strategy as it is an effective solution to debt problems and brings you savings. It is important to know the impending drawbacks of debt settlement before enrollment to this program. It causes an unfavorable effect on your credit. First, counseling programs from third parties and debt consolidation loans from financial companies will have a negative impact on your credit at a lender’s point of view. In the long term, there is minimal effect on your credit because you will be eliminating your credit card debt ultimately. Lastly, your credit standing will certainly be affected negatively once you have delayed payments.

The two major disadvantages of debt settlement includes the likelihood of legal action filed against you by the creditor for full balance collection and creditors pestering you regularly until the debt is fully settled.

Debt settlement is favorable in Texas compared to other states because of better debtor laws providing consumers more rights and protection in terms of overdue unsecured accounts such as credit cards, personal loans, medical bills and repossessions.

How State Collection Laws Benefit Texas Debt Settlement

Laws in every state declares that when consumers present a Cease and Desist Letter or a Special Power of Attorney informing the collections agency of employing third party services for managing communications with a creditor, creditors are legally compelled to discontinue directly contacting consumers. When the consumer misses payments in most states, the creditor has rights to call the debtor everyday for collection. In Texas, the harassment of consumers by the collections agency and the creditor is not only reduced but effortlessly eliminated.

Laws for State Homestead and Garnishment and the Benefits of Texas Debt Settlement

The salary and home of Texas debt settlement customers are highly protected which gives creditors more reason to settle. Texas debt settlement customers are on a compelling negotiating position to work things out with their respective creditors. This is a stronger position for customers in case of a potential lawsuit and gives them higher savings than what is standard. Despite the large majority of cases settled, the debt settlement company cannot assure customers that there will definitely be no legal action taken by creditors. Usually, creditors possess the right to prosecute debtors to collect unpaid accounts regardless of action taken by the consumer to pay the debt.

In instances when a creditor prosecutes a consumer in court and succeeds, the implementation of judgement is done in the following methods:

1) Wage garnishment- Creditors will inform your employer and request to deduct a specific percentage from your salary during each payday until the debt is entirely paid.

2) Lien on your property- Any sale proceeds or refinancing made on your property requires you to pay the creditor your outstanding debt.

3) Take control of your bank account- Creditors have the right to contact your bank and present proof of judgement that they can withdraw money deposited under your name.

The advantages of Texas Law include safeguarding debtors from wage garnishment. It also provides consumers a 100 percent homestead security in case of a lien. Bank accounts are not exempted under state law but most consumers with credit card debts do not have sufficient funds in their bank accounts for creditors to collect which will initiate a settlement agreement.

Texas Debt Settlement and Community Property Laws

People who are married, Texas residents and are searching to employ debt settlement services should enroll all debts incurred by you and your spouse throughout the marriage. Law of Texas states that debt owed by one partner does not relieve the other from paying it. Creditors are knowledgeable on this and will execute it in their collections process.

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