As a creditor, you have a right to be paid in a timely manner. Many businesses
rely on the timely payments of their customers in order to stay afloat
and maintain a suitable cash flow. If for whatever reason debtors fail
to pay back the money they owe, businesses and collection agencies can
be put into a difficult situation, requiring legal action to be taken.
At the Pritchard Law Firm, our Fort Worth consumer collections lawyers
can represent your interests as a creditor and walk you through the process
of filing a debt collection lawsuit.
Step 1: Filing Official Paperwork
The first step is to file an official “complaint” or “petition”
with the court, naming your debtor as a defendant and the debts that you
wish to be reimbursed for. This complaint, along with a legal summons,
are to be served to the defendant. If they do not respond within 30 days,
a default judgement of the appropriate amount may be requested. If a response
is given, a trial date is likely to be set.
Step 2: The Discovery Period
After the initial notice has been given and the trial is set to begin,
discovery commences. During this step, both sides exchange pertinent information
and documents related to the case. This step is oftentimes merely a formality,
as there is little to “discover.” They owe money. They haven’t paid.
If a strong defense is given, however, discovery can become more complex.
Depositions, interrogatories, requests for admission and inspection, subpoenas,
and requests for production of documents can all be necessary to prepare
Step 3: Request a Summary Judgment
A request for summary judgment can be requested, as oftentimes the facts
of the case are difficult to dispute. If your debtor has signed a contract,
made no payments, and have no reasonable excuse for defaulting, you may
be able to have a judge award you your entitled compensation and skip
the trial process. This is unlikely to happen, however, if there is some
sort of dispute regarding the material facts of your arrangement with
the defendant, such as their denial of having ever signed a contract.
Step 4: Trial
If a settlement cannot be reached out of court, trial motions commence.
A judge will make all legal decisions regarding the admissibility of evidence,
while a judge or jury may make determinations of fact. This process can
be long, complex, and extremely difficult without the assistance of a
skilled attorney on your side. To maximize your chances of coming out
on top, it is urgent that you consult with our firm before making a decision
regarding filing a lawsuit.
45+ Years of Dedicated Legal Experience
The Fort Worth consumer collections lawyers from The Pritchard Law Firm understand your frustration, and we are prepared
to make every effort to ensure that you are paid the money you are owed.
With our experience serving both debt collectors and debtors, we know
how the opposition thinks and can use this to your advantage. Protecting
your rights is our top priority, and we are committed to doing everything
we can to help secure a favorable outcome for your case.
To get started towards retaining top-notch counsel, call our office today
at (817) 285-8017.