Creditors' Rights


Hicks Law Group provides aggressive, top-notch, and cost-effective representation of creditors throughout Texas on matters ranging from complex secured financing agreements, to open accounts and post-judgment collection efforts.  Our attorneys handle all stages of commercial and consumer debt enforcement, from the demand letter, to post-judgment examinations, asset seizures, and liquidation.  The skilled collection attorneys at Hicks Law Group work closely with clients to create a systematic collection strategy that meets the client’s debt recovery objectives, business needs, and budget.  We routinely help clients develop a comprehensive approach to handling a large portfolio of unpaid accounts for numerous branches or regions of the client’s business to maximize efficiency and collectability, while minimizing legal expense.  We understand that each new matter does not require us to “reinvent the wheel” and we strive to work seamlessly with the client’s credit department to streamline the collection process while keeping you informed at all stages of the litigation.  Hicks Law Group works with credit professionals in a wide variety of industries to develop credit policies and forms, including credit applications, guarantees, promissory notes and joint check agreements.

Hicks Law Group also defends clients from common debtors’ counterclaims, including lender liability, Fair Debt Collection Practices Act, usury, or other claims arising under the Uniform Commercial Code, Texas consumer credit law, or the common law of contracts. Where your debtor appears to be headed for bankruptcy, our collection lawyers can often achieve a better result through a negotiated workout than you might realize in a case under Chapter 11 or Chapter 7 of the Bankruptcy Code.

Hicks Law Group attorneys have experience dealing with the most sophisticated of debtors, and we are always on the lookout for alternative theories of liability including fraudulent transfers or misapplication of construction trust funds which can lead to individual officer liability. When collectability is an issue, we may seek to preserve a debtor’s assets through various judicial proceedings including pre-judgment garnishment, sequestration, and/or temporary injunction. Once a lawsuit is filed, we often utilize the summary judgment procedure to obtain judgment on the debt.

We also proactively help clients identify hidden assets through on-line investigations and post-judgment depositions. Once assets are identified, we aggressively seek their recovery via post-judgment garnishments and turnover actions.

Our experience includes representation of institutional lenders, investment companies, construction companies and suppliers, commercial landlords, and business service providers.  In the construction industry, we help contractors and suppliers to perfect and foreclose mechanic’s and materialman’s lien claims and payment bond claims. For commercial landlords, we handle lease-related disputes including breach of lease cases and forcible detainer actions.  We also aid out-of-state creditors to domesticate foreign judgments into Texas for enforcement purposes.