Credit and Collections

AuthorCindy Stormer
I. General Points
§7:01 Initial Meeting With a Debtor-Client
§7:02 Statute of Limitations
§7:03 Written Acknowledgment Constitutes New Promise
§7:04 Oral Acknowledgment
§7:05 Statute of Frauds
§7:06 Investigating the Debtor
§7:07 Investigating the Creditor
§7:08 Checklist of Available Procedures
II. Debt Collection
A. General Points
§7:10 Creditor Is Responsible for Collection Agency
§7:11 Creditor May Ratify Collector’s Improper Practices
§7:12 Debtor May Not Hinder Secured Creditors
§7:13 Asset Protection Planning
§7:14 Ethics and Professionalism in Debt Collection
§7:15 Jurisdiction of the Court
B. Texas Debt Collection Practices Act
1. Regulations
§7:20 Collection Practices Are Extensively Regulated
§7:21 Threats or Coercion
§7:22 Harassment; Abuse
§7:23 Fraudulent, Deceptive, or Misleading Representations
§7:24 Right to Privacy
2. Damages and Enforcement
§7:30 Exemplary Damages
§7:31 Criminal Penalties
§7:32 Attorneys’ Fees and Fines
§7:33 Enforcement by Attorney General
C. Federal Statutes
§7:40 Statutes and Prohibitions
§7:41 When the Debtor Disputes the Debt
III. Collecting on a Judgment
A. The Judgment
§7:50 Notice of Judgment
§7:51 Abstract of Judgment Creates a Lien
§7:52 Lien Lasts for Ten Years
B. Garnishment
§7:60 Prejudgment Garnishment
§7:61 When to Use Garnishment
§7:62 Applying for a Writ of Garnishment
§7:63 Review the Garnishment Return
§7:64 Notify the Judgment Debtor of Garnishment
§7:65 Garnishee Must File Answer
§7:66 Bank’s Right of Offset
§7:67 Garnishment of Wages
§7:68 Defendant’s Right to Replevy
§7:69 Attorneys’ Fees
§7:70 Garnishment by Federal Agency
C. Execution of Judgments
1. Obtaining a Writ of Execution
§7:80 The Execution Process
§7:81 Timing for the Issuance of a Writ
§7:82 The Writ
§7:83 Duty of Executing Officer
§7:84 Failure to Execute
§7:85 Improper Endorsement of Writ
2. Exempt Property
§7:90 General Points
§7:91 Homesteads
3. The Execution Sale
§7:100 General Points
§7:101 Wrongful Execution
§7:102 Secured Creditors and Execution
§7:103 Real Property
§7:104 Dormancy of the Judgment Lien
§7:105 Recovery of Seized Property
§7:106 Judgments Against Political Subdivisions
§7:107 Unclaimed Judgments
D. Post-Judgment Discovery
§7:110 Post-Judgment Discovery Takes Place in the Same Suit
§7:111 Types of Discovery
E. Turnover
§7:120 The Turnover Statute
§7:121 Purpose and Use of the Turnover Process
§7:122 How to File the Turnover
§7:123 Turnover to Determine Possession and Control
§7:124 Turnover Does Not Apply to Wages
§7:125 Turnover Statute and Its Application to Homesteads
F. Receivership
§7:130 Receivership Statutes
§7:131 Advantages and Disadvantages of Receivership
§7:132 Requesting the Receivership
§7:133 Qualifications for the Receiver
§7:134 Appointment of the Receiver
§7:135 Powers of the Receiver
§7:136 Accounting by the Receiver
§7:137 Receiver’s Sale of Property
§7:138 Stopping a Receivership
IV. Attachment and Sequestration
A. Attachment
§7:140 Purpose and General Use
§7:141 Grounds
§7:142 Procedure
§7:143 Art Is Exempt
B. Sequestration
§7:150 Purpose and General Use
§7:151 Grounds
§7:152 Procedure
§7:153 Repossessions
V. Judgments Against Spouses
§7:160 General Points
§7:161 Separate Property Liability
§7:162 Community Property Liability
§7:163 Order in Which Spousal Property Is Subject to Execution
Form 7:10 Intake—Debts
Form 7:20 Contract for Employment—Collections/Contingency
Form 7:30 Acknowledgment of Claim
Form 7:40 Unfair Debt Collection Practices Letter
Form 7:50 Collections Letter
Form 7:60 Abstract of Judgment
Form 7:70 Letter to Client Post-Judgment
Form 7:80 Application for Writ of Garnishment After Judgment
Form 7:90 Writ of Garnishment Affidavit
Form 7:100 Writ of Garnishment
Form 7:110 Garnishment Notice
Form 7:120 Agreed Judgment on Garnishment
Form 7:130 Garnishee’s Answer
Form 7:140 Writ of Garnishment Judgment
Form 7:150 Writ of Execution Letter to Clerk
Form 7:160 Writ of Execution Letter to Sheriff or Constable
Form 7:170 Request for Production—Collections
Form 7:180 Turnover Application
Form 7:190 Turnover Order
Form 7:200 Application for Receiver
Form 7:210 Receiver Order
Form 7:220 Oath of Receiver
Form 7:230 Receivership Final Order
Form 7:240 Checklist—Collections
Form 7:250 Homestead Affidavit as Release of Judgment Lien

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