Collections
Cersonsky & McAnelly’s attorneys have represented creditors, secured and unsecured, commercial and consumer, for over 35 years. CM, PC’s clients rely on the Firm to review the debt, formulate a plan for recovery of the amounts owed and handle the file from demand letter to post judgment collections. CM, PC provides a variety of collection services.
Commercial & Consumer Collection
- pre-litigation review
- pre-litigation demand letter
- suits on debts
- suits on deficiencies (auto, real or personal property)
- suits on business and credit card accounts
- suits on promissory notes and loan agreements
- suits on secured and unsecured loans
- defensive work, as necessary, in collections suits
- defensive work for violations of the Federal Fair Debt Collection Practices Act
- defensive work for violations of the Texas Debt Collection Act
- domesticating and enforcing foreign and out of state judgments
- representing assignees of failed financial institutions
- representing buyers of debt, including distressed debt
- distressed debt recovery
- authenticated claims in probate administration
Foreclosures of Real Property
- foreclosures of commercial real property (non-homestead)
- foreclosures of residential real property (homestead or non-homestead)
- review of property with environmental issues
- evictions and forcible detainers after foreclosure
- foreclosure related real estate actions
- prosecuting and defending injunctions
- suits to quiet title
- notices of lis pendens
- declaratory judgments
Foreclosures of Personal Property/Sequestration (Replevin)
- preparing and filing UCC financing statements
- preparing documents for UCC personal property sales
- notice of sale
- memorandum of sale
- bill of sale
- UCC personal property foreclosures, public and private sales
- conducting commercially reasonable sales
- coordinating with auctioneers for in person and internet sales
- pre-judgment applications for writ of sequestration (automobiles, heavy equipment)
Post Judgment Collection
- abstracting judgments (to create a lien on non-exempt property)
- post judgment writs of garnishment (to freeze debtors’ assets held by third party, such as a bank account)
- post judgment writs of execution (to have a constable levy on debtors’ assets)
- applications for turnover/collection of judgment through court proceeding (to order the debtor to turn over assets or order to reach assets not readily subject to writ of execution)
- applications for appointment of receiver (to appoint a third party to manage and sell assets to pay a judgment)
- post judgment discovery (to obtain information regarding debtors’ assets)
Bankruptcy
- chapters 7 and 13 creditor representation
- proofs of claim
- motions for relief from the automatic stay
- preference litigation
CM, PC offers its clients comprehensive representation in collections because of the Firm’s extensive experience with debt collection in Texas. Our attorneys have presented seminars on various subjects in collection matters, including post judgment remedies and recovery of attorney’s fees.
CM, PC’s collection practice includes representation for volume accounts, as well as individual files. For volume accounts, CM, PC is adept at reviewing client documents and preparing documentation to streamline the process, from demand, to judgment, to final recovery. CM, PC is also equally skilled at providing representation for single collection accounts.