Collection of Invoices

Our collection attorneys collect delinquent invoices, open accounts and accounts receivable for all types of merchants and businesses.   Many of our business clients have turned around their cash flow by sending their past due accounts to The Dushkin Law Firm for collection.

Our collection lawyers work with our clients to develop a practical and cost-effective action plan that is in keeping with our clients’ objectives for collecting their unpaid invoices and receivables.  Although the handling of each case will depend on the specific facts, typically our attorneys will review our client’s documents and make demand on the debtor.  When feasible to do so, we will negotiate with the debtor for payment.  When necessary or appropriate to do so, we will file a collection suit, using procedures we believe will be cost effective for our clients.  When the facts of the case allow it, we use a Texas rule of procedure that allows businesses to swear to the correctness of the unpaid balance of their delinquent invoices or receivables (a “sworn account”) when they file suit.  Under that procedural rule, unless the debtor files a denial of the correctness of the account under oath, the creditor’s sworn pleading makes a “prima facie” case.   That means, in most cases, the sworn pleading will be legally sufficient for the creditor to move for a summary judgment without the expense of a full trial.  Even if the debtor files a sworn denial, however, the use of the sworn account procedure can be helpful to reduce the number of contested issues, and, consequently, the expense in a collection suit.   After judgment, our lawyers will work with our clients to collect the judgment, always with the goal of maximizing recovery while minimizing our client’s collection costs.

Depending on the facts of the particular collection, The Dushkin Law Firm provides legal representation in collection cases on either an hourly or contingency fee basis.  In our normal contingency fee arrangement, the client will be responsible for all court costs and other expenses.   Please feel free to call and discuss your specific business needs with one of our attorneys.