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A credit card company has filed suit against the company I

Customer Question
owe for balance owed....
A credit card company has filed suit against the company I owe for balance owed. My company is a C-corp. Due to extenuating circumstances, I can't meet their demands currently. If they do get a default judgement. What are the options available to them to collect?
Submitted: 5 years ago.Category: Bankruptcy Law
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2/6/2012
Bankruptcy Lawyer: Terry L., Attorney replied 5 years ago
Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2,914
Experience: Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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Terry L. :

Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.

Customer:

I know, but in general, if a judgement is made against a c-corp, what are the defendants options for collections?

Terry L. :

one moment

Terry L. :

once they obtain judgment, then they can move to freeze/seize assets. They can lien any business assets as well.

Terry L. :

If there were any personal guarantees then they could also pursue those as well.

Terry L. :

Best to see what kind of repayment plan you can work out if the company is seeking to stay in business.

Customer:

How would a settlement be negotiated in general, does it have to be done in the written answer to the citation or directly with the defendant?

Terry L. :

No, you would negotiate that directly with their attorney.

Terry L. :

A citation to discover assets requires disclosure of financial and other requested information as requested.

Terry L. :

A settlement is separate.

Terry L. :

Do you have any other questions?

Customer:

So, if they win the judgement, THEN another citation has to be issued to discover assets?

Terry L. :

Usually there is 1 citation to discover assets, but there can be exceptions.

Customer:

oh wait the suit includes discovery under level 1 rule 190.2 of the texas rules of civil procedure, so it's in there already

Terry L. :

That can be an element of discovery in the case yes. The judgment creditor can then issue a citation to discover once they get judgment to see if there are any other assets to pursue.

Terry L. :

Are you considering bankruptcy? as this is the bankruptcy forum

Customer:

no im not considering bankruptcy, just settlement, i didn't realize that this was a bankruptcy forum until you mentioned it

Terry L. :

No worries

Terry L. :

Any other questions?

Customer:

I just read that rule 190.2 and all it says is that discovery should have a stated plan and states the plan levels

Customer:

i wonder if i can file an answer asking the court to throw it out?

Terry L. :

You may want to hire a local attorney to advise you on answering specific questions and your obligation to provide certain information in the case. You can always fight the case if your feel it is wrong, make the creditor prove that you owe and that you owe that specific amount

Customer:

oh there's no doubt i owe it, i just need to reach a settlement of some sort. i'm just trying to assess the probability of the credit card company actually going after me post-judgement i.e. seizing or freezing assets or putting a lien on the business. what do you think the probabilities are in texas vs. them just accepting the judgement and not pursuing collections?

Customer:

i guess i meant 'winning the judgement but not pursuing collections'

Terry L. :

I don't think they would have sued if they were planning on letting this go

Customer:

well i would have thought it was a way of scaring me. the cc company is in utah, the law firm is in houston, im in san antonio..

Terry L. :

i'm sure they hired local counsel to handle the matter

Customer:

that's true; it seems to me they would reach a point of diminishing returns expending $ to collect, b/c i thought i read they have to pay a third party to even determine what i have in assets

Terry L. :

once they get a judgment, then they can pursue for 7 years

Terry L. :

do you have any other questions?

Customer:

i'm definitely going to file an answer, then i guess we're gonna set a court date. but i can reach a settlement with them independently, right? the court doesn't have to be involved?

Terry L. :

well, they will usually request an agreed judgment

Customer:

they meaning the court?

Terry L. :

the creditor.

Terry L. :

they will want the judgment, with an agreed repayment order

Terry L. :

or something similar

Terry L. :

you can request them to withdraw the case too, they may agree if you can strike the right deal

Customer:

wait so judgement goes first THEN settlement?

Terry L. :

it depends on the creditor and what they want

Terry L. :

it can go either way

Terry L. :

any ,other ?

Customer:

if i press accept, can i get maybe a few other questions answered later?

Terry L. :

sure, feel free to request me. I believe there is a button, or else just put my name in the question and I'll see it

Terry L. :

thanks!

Terry L. :

good luck to you

Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2,914
Experience: Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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