How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Dwayne B. Your Own Question
Dwayne B.
Dwayne B., Attorney
Category: Real Estate Law
Satisfied Customers: 32324
Experience:  Began practicing law in 1992
11068102
Type Your Real Estate Law Question Here...
Dwayne B. is online now
A new question is answered every 9 seconds

I work industrial brokerage firm in Dallas, TX. My boss has

Customer Question

I work for an industrial brokerage firm in Dallas, TX. My boss has given me the task of figuring out how to enforce our commission agreement on a deal that was done. Long story short our company is owed $22k. We know to file a brokers affidavit and lien in Dallas county and then mail a copy to the client who has not paid, but then what? We file suit and district court, and then after awarded a judgement how do we collect on it?
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Dwayne B. replied 5 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Is it a corporation that you work for?

Customer: replied 5 months ago.
We are a Texas S Corporation.
Expert:  Dwayne B. replied 5 months ago.

Okay.

You will have to file a lawsuit in either County Court at Law or District Court but since you are corporation you are required to use a lawyer to handle the case for your company.

The lawyer will then, as you mention, get a judgment for whatever you are owed as well as whatever the attorney's fees and costs are as well.

After the time for appeal has passed, which in Texas is about thirty days depending on whether the other side files a Motion for New Trial or not, the lawyer will then begin collection attempts. This will normally involve sending what is known as "post judgment discovery" to locate the assets of the defendant. Once that is done the lawyer will then begin attempting to seize money and assets using Writs of Garnishment and Writs of Attachment. The lawyer will try and "grab" bank accounts, accounts receivable, etc. and then apply it against what is owed. Usually the court will allow the attorney to add in the fees he has incurred during the collection process as well as for the lawsuit itself.

Please ask any follow up questions in this thread.

Customer: replied 5 months ago.
Would it be prudent or possible to sell this debt to a collection company instead of suing?
Expert:  Dwayne B. replied 5 months ago.

It certainly is possible to sell it to a collection agency but usually they only pay pennies on the dollar for debt. There may be some that I am not aware of that specialize in commercial debt that pay more but it's not something I've ever dealt with.

You may want to look for lawyers that specialize in Collections, you can likely find one at www.lawyers.com, they used to take cases for a % of what they recover if it is a financially healthy company. That is likely you best bet.

Related Real Estate Law Questions