Texas, Tennessee & Arkansas Collection Attorneys
Collection lawyers can assist you in a number of ways if you are trying to secure an unpaid debt. In addition to significantly reducing stress, a collection attorney can help you file a claim with the court, determine whether or not your claim is dischargeable, and monitor the progress of your case. If you are in need of legal representation for a collection dispute, our attorneys at Hosto Buchan can assist you. For the past 20 years, our team of highly qualified collection attorneys in Arkansas, Tennessee, Texas, Indiana, and Kentucky have been protecting the rights and interests of creditors.
Prejudgment relief
The time prior to a judgment in a collections case can be nerve-wracking. However, seasoned collection attorneys can take preemptive measures to protect the assets of the debtor up until the lawsuit is finalized.
Following are typical prejudgment relief:
- Attachment: The sheriff seizes the non-exempt property of a creditor until the judgment of a trial.
- Prejudgment garnishment: Here the sheriff seizes property held by a third party on behalf of the debtor. Unlike garnishment, in prejudgment garnishment, the creditor usually applies for the writ of garnishment ex parte.
- Replevin: Used to secure specific property and assets, replevin is often employed as a prejudgment relief tactic in order to prevent the hiding or destruction of property.
- Lis pendins: A lis pendins does not require court action and is essentially a notice attached to piece of real estate that explains that any buyer of the property is subject to the judgment of the lawsuit.
However, prejudgment reliefs only last until a judgment has been made. Additionally, because prejudgment reliefs can deprive a debtor of his or her property, you must have ample evidence supporting your claim that assets used for collateral may be lost without action. If you suspect or have solid proof that assets may be hidden or transferred before judgment, your Texas debt collector can file for a prejudgment relief. Additionally, you must show that your prejudgment relief will ultimately prevail.
