Texas Business Attorneys

Creditor's Rights

As a business owner, you have several options as to which means you can use to collect outstanding debts from customers. Some procedures do not require court involvement and can be facilitated by you alone. Others however, do require the presence of the court and in these times it is to your benefit to have the advice of a knowledgeable attorney by your side.

Self-help Remedies

A first attempt to collect debt may involve simply contacting the customer and demanding repayment. If this should fail, you could transfer the debtor’s account to a debt collection agency, whose practices are regulated in order to avoid abuse. These regulations known as the Fair Debt Collection Practices Act only apply to firms that regularly collect debts and would not apply to you as a business owner collecting your own debt.

Court-based Remedies

Repleyin and attachments actions are common pre0judgement actions. A replyin action allows a creditor who holds title to property that is the subject of debt to retrieve their property from the debtor. An attachment procedure involves a court hearing, after which the court issues an order authorizing the creditor to take the debtor’s property or title.

Lawsuits

This remedy is typically a last resort should nothing else be successful.

Speak with an Austin Debt Collection Lawyer

If you are a small business owner and are owed an outstanding debt, you need the guidance and support of an attorney who knows business. Contact the Texas business attorneys of Slater, Kennon, & Jameson, LLP at 512.472.2431 today.













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Click here to read David Slater's article "Drafting Effective Employee Handbooks" in Executive Legal Advisor.