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| Q. |
Do I have to send my accounts to a collection agency before turning them over to you? |
| A. |
No. You may place your accounts directly with us. |
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| Q. |
I have a judgment that is eleven years old. Can I still execute on it? |
| A. |
Only if you have abstracted it and executed on it during the last ten years. If not, your judgment has gone "stale" (or "dormant"). The good news is that Texas law specifically allows you to revive the judgment during the two years following the date the judgment went "stale" by filing an "action on a debt". The judgment is thereby revived and a new ten year execution period is established. |
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| Q. |
How else can a judgment term be extended beyond ten
years? |
| A. |
In addition to execution extensions, family law
judgments may have provisions which keep them alive
longer. Also, certain laws may extend the period beyond ten years while a debtor is out of state. |
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| Q. |
Wage garnishment is not allowed in Texas. Is there any
type of garnishment that is allowed? |
| A. |
Yes. Commissions can be garnished. Wage checks which are cut out of state may be garnished. In addition to employers and banks, garnishment actions can be brought against any third party who either owes money to, or holds money on behalf of, the debtor. |
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| Q. |
Do I have to get a writ of execution before I can have a
receiver appointed? |
| A. |
The law does not require you to do so, but some judges do. Receiverships can be quite disruptive to a business.
A few judges prefer the use of a writ of execution first as it gives the debtor a chance to choose the assets to
be used to satisfy the judgment. However, many courts know that debtors often do not fully disclose their
assets and it is not unusual for debtors to tell the constable they either have insufficient assets to
satisfy the judgment or no assets at all. At that point, Texas law clearly prescribes the issuance of a turnover
order and the appointment of a receiver. The failure of the judgment debtor to comply with the turnover order
and/or orders presented by the receiver can subject the debtor to contempt proceedings in the court. |
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| Q. |
I have an out-of-state judgment against a Texas debtor.
How do I collect on the judgment in Texas? |
| A. |
The out-of-state judgment will need to be domesticated first, which is done by filing the out of state
(foreign) judgment in the Texas courts. Thirty days later (if not otherwise challenged) the judgment will
become final and enforceable just like any other Texas judgment. |
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| Q. |
I have received a letter from your firm regarding an account being managed by Avante and/or Southwest Credit Card Services.
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| A. |
First, read the consumer advisories carefully. Our firm is attempting to assist AvanteUSA and/or SCCS in the collection of a debt and any information obtained will be used for that purpose. No attorney in our office has reviewed the particulars of your account and we are acting solely as debt collectors for purposes of the communication. The goal of the program is to amicably and courteously resolve the debt. In most programs, you will have the option of proposing a payment plan over time and/or a lump sum settlement. You can expect a prompt response to your offer so long as you use the correct phone number and/or PO Box address contained within the program letter. If responding in writing, please provide a phone number and address where you can be reached. |
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