Texas Collections Manual (4th Edition)

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Texas Collections Manual (4th Edition)

Available in three formats!
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  • Hard Copy & Digital Download
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  • A project of the State Bar Collections Manual Committee, Stuart R. Schwartz, chair
  • Includes supplementation through 2016
  • © 2011–2013, 2015, 2016


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The Texas Collections Manual provides all the forms and commentary you need to handle most collections matters in a manner designed to minimize assembly time and nonessential communication with your staff, carrying you through the logical sequence of events from beginning to end of the process.

The Texas Collections Manual 2016 supplement includes 2015 legislative and case law updates, as well as new and updated TexasBarCLE articles on current collections topics.

The Texas Collections Manual contains 271 forms, including letters, pleadings, and discovery documents, carefully drafted in simple, concise language with clear instructions for choosing among commonly occurring alternatives. The practice notes, thoroughly supported by cited authorities, explain relevant law and procedures for all phases of the collections process, including potential trouble spots. Although the forms are drafted from the creditor’s point of view, the manual’s extensive commentary and references will be advantageous to attorneys who represent debtors and defendants, as well as to those who enforce other kinds of judgments.

Thorough indexes of authorities cited, forms, and subject matter provide ready access to the forms and commentary.

The Texas Collections Manual Digital Download, containing the text of the hard copy as an internally hyperlinked, word-searchable PDF file, is included at no charge with purchase of the hard copy and may also be purchased separately. All attorney-drafted forms in Word format (as well as both forms UCC 1 and UCC 11 in fillable and printable PDF), are linked from the file for quick retrieval. The digital download contains a custom toolbar for Word forms that allows users to show, hide, print, and delete all instructional material. Texas and federal case and statute citations are linked to the case reports and main Code section cited via Casemaker online.

FORMS

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Forms Index by Title

A

Abstract of Judgment, 27-1
Additional Language to Foreclose Lien, 20-14
Affidavit and Lien Statement for Commercial Building Landlord’s Lien, 28-2
Affidavit—Filing of Foreign Judgment, 14-12
Affidavit Claiming Mechanic’s and Materialman’s Lien, 7-15
Affidavit Concerning Cost and Necessity of Services, 19-3
Affidavit for Citation by Publication, 16-7
Affidavit for Distress Warrant, 28-4
Affidavit for Emergency Sale of Attached Property [after Attachment], 8-24
Affidavit for Emergency Sale of Perishable Property [after Sequestration], 8-15
Affidavit for Emergency Sale of Perishable Property [under Distress Warrant], 28-10
Affidavit for Immediate Issuance of Writ of Execution, 27-6
Affidavit for Prejudgment Writ of Garnishment, 8-2
Affidavit for Writ of Attachment, 8-18
Affidavit for Writ of Garnishment after Judgment, 27-12
Affidavit in Support of Motion for Relief from Automatic Stay, 35-11
Affidavit in Support of Motion for Substituted Service, 16-2
Affidavit [Opposing Transfer], 19-5
Affidavit to Fix Worker’s Lien, 7-1
Agreed Judgment, 20-9
Agreed Order Providing for Adequate Protection of Collateral, 35-13
Application and Affidavit for Temporary Restraining Order and Temporary Injunction, 8-26
Application and Affidavit for Writ of Sequestration, 8-8
Application and Affidavit for Writ of Sequestration in Suit on Constitutional Lien on Personal Property, 7-23
Application and Affidavit for Writ of Sequestration in Suit on Worker’s Lien, 7-3
Application for Charging Order, 27-23
Application for Distress Warrant, 28-3
Application for Emergency Sale of Perishable Property [after Attachment], 8-23
Application for Emergency Sale of Perishable Property [after Sequestration], 8-14
Application for Emergency Sale of Perishable Property [under Distress Warrant], 28-9
Application for Foreclosure Sale of Mortgaged Property, 29-5
Application for Prejudgment Writ of Garnishment, 8-1
Application for Sale of Collateralized Property, 29-3
Application for Turnover Relief, 27-16
Application for Writ of Attachment, 8-17
Application for Writ of Garnishment after Judgment, 27-11
Application to Confirm Arbitration Award, 6-1
Assignment of Judgment and Judgment Lien, 27-25
Authenticated Claim of [name of creditor], 29-1

B

Bills-Paid Affidavit [Final], 7-21
Bond of Receiver, 27-20
Bond to Defendant for Distress Warrant, 28-6
Bond to Defendant for Injunction, 8-31
Bond to Defendant for [Writ of Attachment/Writ of Sequestration/Writ of Prejudgment Garnishment], 8-4
Business Records Affidavit, 19-1

C

Certificate of Last Known Mailing Address, 20-2
Certificate of Service, 1-6
Charging Order, 27-24
Checklist, 35-1
Checklist of Deposition Topics, 26-21
Clauses for Party Designation—Association or Joint-Stock Company as Defendant, 14-19
Clauses for Party Designation—Corporation as Defendant, 14-16
Clauses for Party Designation—Individual as Defendant, 14-15
Clauses for Party Designation—Limited Liability Company as Defendant, 14-20
Clauses for Party Designation—Limited Partnership as Defendant, 14-18
Clauses for Party Designation—Partnership (Including Limited Liability Partnership) as Defendant, 14-17
Clauses for Party Designation—Plaintiffs, 14-14
Client Information Sheet, 1-1
Client’s Authorization for Attorney to Receive Payments, 1-3
Conditional Waiver and Release on Final Payment, 7-26
Conditional Waiver and Release on Progress Payment, 7-24
Contempt Judgment, 26-15
Contingent Fee Contract, 1-8
Contractor’s Disbursement Disclosure for Residential Construction (Consumer-Owned), 7-20
Contractor’s Disclosure Statement for Residential Construction, 7-10
Contractor’s List of Subcontractors and Suppliers, 7-11
Cover Letter Sending Copy of Lien Affidavit, 7-16
Creditor’s Motion to Allow Late Filing of Proof of Claim, 35-7

D

Decree Confirming Sale, 29-8
Default Judgment, 20-4
Demand Letter—Commercial Debt, 4-1
Demand Letter—Consumer Debt, 4-2
Distress Warrant to Be Served on Defendant, 28-7

F

Final Judgment [after Trial of Some Issues], 20-8
Final Summary Judgment, 20-6
Financing Statement (UCC1), 5-1
First Notice of Sale under Worker’s Possessory Lien [Property Other Than Motor Vehicle, Motorboat, Vessel, or Outboard Motor], 7-5

G

Grounds for Summary Judgment—Consumer Charge Account, 19-13
Grounds for Summary Judgment—Guaranty, 19-12
Grounds for Summary Judgment—Oral Debt, 19-15
Grounds for Summary Judgment—Personal Property Lease, 19-14
Grounds for Summary Judgment—Promissory Note and Foreclosure, 19-11
Grounds for Summary Judgment—Sworn Account, 19-10
Guide to Practice and Procedures—Eastern District of Texas, 35-2

H

Homestead Affidavit as Release of Judgment Lien, 27-26

I

Information Request (UCC11), 3-5

J

Judgment [Based on Directed Verdict], 20-13
Judgment [Based on Jury Verdict], 20-12
Judgment [Based on Trial to the Court], 20-11
Judgment in Garnishment, 27-15
Judgment Nihil Dicit, 20-5
Judgment [on Foreign Judgment], 20-10
Judgment Reviving Dormant Judgment, 27-9

L

Letter Notifying Internal Revenue Service of Intention to Sell Collateral, 5-8
Letter Requesting Clerk to Issue and Serve Citation by Publication, 16-10
Letter Requiring Debtor to Assemble Collateral at Convenient Location, 5-2
Letter to Clerk Requesting Issuance of Citation by Publication, 16-8
Letter to Clerk Requesting Writ of Execution or Order of Sale, 27-5
Letter to Clerk Transmitting Motion for Substituted Service, 16-4
Letter to Client—Acknowledgment of Client Matter and Confirmation of Terms, 1-2
Letter to Client Explaining Judgment Lien, 27-2
Letter to Client Reporting That Judgment Cannot Be Collected, 27-4
Letter to Client—Suit Recommended, 1-5
Letter to Debtor Giving Notice of Acceleration, 5-6
Letter to Debtor Giving Notice of Default and Intent to Accelerate, 5-5
Letter to Debtor Giving Notice of Deficiency after Sale, 5-7
Letter to Debtor Giving Notice of Intent to Retain Collateral in Satisfaction of Debt, 5-9
Letter to Officer Transmitting Citation to Be Served by Publication, 16-9
Letter to Officer Transmitting Show-Cause Notice, Order, and Motion for Personal Service, 26-14
Letter to Officer Transmitting Writ of Execution or Order of Sale, 27-7
Letter to Postal Service Requesting Information Concerning Address for Service of Process, 3-1
Letter to Secretary of State, 16-6
Letter Transmitting Citation for Service on Secretary of State, 16-5

M

Motion for Appointment of Attorney Ad Litem, 16-11
Motion for Entry of Default Judgment, 20-1
Motion for Postjudgment Receivership, 27-18
Motion for Relief from Automatic Stay, 35-10
Motion for Substituted Service, 16-1
Motion to Compel Answers to Interrogatories in Aid of Judgment, 26-9
Motion to Compel Assumption or Rejection of Lease and Payment of Administrative Claim, 35-19
Motion to Compel [name of respondent] to Give Deposition in Aid of Judgment, 26-19
Motion to Hold [name of respondent] in Contempt and for Show-Cause Order for Failure to Answer Interrogatories in Aid of Judgment, 26-12
Motion to Inspect Financial Records of Nonparty, 18-2
Motion to Take Judicial Notice of Law of [name of state], 19-7

N

Negative Notice Language, 35-18
Newspaper Notice of Public Sale, 5-10
Nonmilitary Affidavit, 20-3
Notice of Acceleration, 4-4
Notice of Agreement Providing for Retainage, 7-14
Notice of Appearance, 35-4
Notice of Attachment, 8-21
Notice of Claim to Owner and Original Contractor, 7-8
Notice of Garnishment, 8-7, 27-13
Notice of Hearing, 1-7
Notice of Intention to Take Deposition on Written Questions [with Subpoena Duces Tecum], 18-5
Notice of Intention to Take Oral Deposition in Aid of Judgment [with Duces Tecum] [Long Form], 26-2
Notice of Intention to Take Oral Deposition in Aid of Judgment [with Duces Tecum] [Short Form], 26-1
Notice of Intention to Take Oral Deposition [with Subpoena Duces Tecum], 18-3
Notice of Intent to Accelerate, 4-3
Notice of Our Plan to Sell Property, 5-4
Notice of Sale under Worker’s Possessory Lien [Motor Vehicle, Motorboat, Vessel, or Outboard Motor], 7-4
Notice of Sequestration, 8-11
Notice Regarding Specially Fabricated Material[s], 7-13
Notice to Nonparty of Request for Financial Records, 18-1
Notice to Original Contractor by Second-Tier Claimant, 7-12
Notice to Other Party of Filing of Business Records Affidavit, 19-2
Notice to Owner of Filing of Lien Affidavit, 7-7
Notice to Owner Regarding Liens against Homestead Property, 7-9
Notification of Disposition of Collateral, 5-3

O

Oath of Receiver, 27-21
Objection to Confirmation of Debtor’s Chapter 13 Plan by Secured Creditor, 35-14
Objection to Confirmation of Debtor’s Chapter 13 Plan by Unsecured Creditor, 35-15
Objection to Discharge of a Specific Debt, 35-17
Objection to Discharge of Debtor, 35-16
Officer’s Return for Distress Warrant, 28-8
Officer’s Return for Postjudgment Writ of Garnishment, 27-14
Officer’s Return for Prejudgment Writ of Garnishment, 8-6
Officer’s Return for Writ of Attachment, 8-22
Officer’s Return for Writ of Sequestration, 8-12
Official Captions, 35-3
Order Appointing Attorney Ad Litem, 16-12
Order Appointing Receiver [and Compelling Discovery], 27-19
Order Approving Receiver’s Fees, 27-22
Order Authorizing Sale of Collateralized Property, 29-4
Order Authorizing Sale of Mortgaged Property, 29-6
Order Compelling Answers to Interrogatories in Aid of Judgment, 26-10
Order Compelling Discovery, 18-26
Order Compelling [name of respondent] to Give Deposition in Aid of Judgment, 26-20
Order Enlarging Number of Interrogatories, 18-22
Order for Discharge and Compensation of Attorney Ad Litem, 16-13
Order for Emergency Sale of Attached Property [after Attachment], 8-25
Order for Emergency Sale of Perishable Property [after Sequestration], 8-16
Order for Emergency Sale of Perishable Property [under Distress Warrant], 28-11
Order for Issuance of Distress Warrant, 28-5
Order for Issuance of Prejudgment Writ of Garnishment, 8-3
Order for Issuance of Temporary Injunction, 8-29
Order for Issuance of Temporary Restraining Order and Setting Hearing on Application for Temporary Injunction, 8-27
Order for Issuance of Writ of Attachment, 8-19
Order for Issuance of Writ of Sequestration, 8-9
Order for Substituted Service, 16-3
Order for Turnover Relief, 27-17
Order for Writ of Attachment, 26-17
Order Granting Creditor’s Motion to Allow Late Filing of Proof of Claim, 35-8
Order Granting Motion for Relief from Automatic Stay, 35-12
Order Granting Motion to Compel Assumption or Rejection of Lease and Payment of Administrative Claim, 35-20
Order Imposing Sanctions, 18-28
Order Overruling Motion to Transfer Venue, 19-6
Order of Sale, 27-28
Order Taking Judicial Notice of Law of [name of state], 19-8
Ownership/Lien Holder Information Printout Or Ownership History Report (PWD 763), 3-4

P

Partial Summary Judgment, 20-7
Pattern Interrogatories—Contract or Consumer Revolving Credit Account, 18-16
Pattern Interrogatories—Foreclosure of Security Interest or Deficiency Judgment, 18-18
Pattern Interrogatories—Guaranty Agreement, 18-20
Pattern Interrogatories in Aid of Judgment—Corporate Debtor [Long Form], 26-8
Pattern Interrogatories in Aid of Judgment—Corporate Debtor [Short Form], 26-6
Pattern Interrogatories in Aid of Judgment—Individual Debtor [Long Form], 26-7
Pattern Interrogatories in Aid of Judgment—Individual Debtor [Short Form], 26-5
Pattern Interrogatories—Lease of Personal Property, 18-19
Pattern Interrogatories—Promissory Note, 18-17
Pattern Interrogatories—Sworn Account, 18-15
Pattern Request for Admissions—Contract or Revolving Credit Agreement, 18-9
Pattern Request for Admissions—Foreclosure of Security Interest or Deficiency Judgment, 18-11
Pattern Request for Admissions—Guaranty Agreement, 18-13
Pattern Request for Admissions—Lease of Personal Property, 18-12
Pattern Request for Admissions—Promissory Note, 18-10
Pattern Request for Admissions—Sworn Account, 18-8
Pattern Written Deposition Questions to Prove Up Business Records, 18-6
Payment Record, 1-4
Petition and Application to Foreclose Constitutional Lien on Personal Property, 7-22
Petition and Application to Foreclose Landlord’s Lien, 28-1
Petition and Application to Foreclose Worker’s Lien, 7-2
Petition for Deficiency Judgment, 14-9
Petition for Fraudulent Transfer Action, 14-10
Petition for Suit against Dependent Personal Representative or Guardian, 29-2
Petition for Suit against Independent Executor or Administrator, 29-9
Petition for Suit on Foreign Judgment, 14-13
Petition for Suit on Guaranty, 14-11
Petition for Suit on Lease of Personal Property, 14-8
Petition for Suit on Note, 14-7
Petition for Suit on Oral Debt, 14-4
Petition for Suit on Retail Installment Contract, 14-6
Petition for Suit on Revolving Credit Account, 14-5
Petition for Suit on Sworn Account, 14-1
Petition for Suit on Written Contract, 14-3
Plaintiff’s Interrogatories in Aid of Judgment, 26-4
Plaintiff’s Motion for Sanctions, 18-27
Plaintiff’s Motion for Summary Judgment, 19-9
Plaintiff’s Motion to Compel Discovery, 18-25
Plaintiff’s Motion to Enlarge Number of Written Interrogatories, 18-21
Plaintiff’s Original Petition to Revive Judgment, 27-8
Plaintiff’s Replevy Bond for Sequestered Property, 8-13
Plaintiff’s Request for Admissions, 18-7
Plaintiff’s Request for Production of Documents and Tangible Things, 18-24
Plaintiff’s Requests for Disclosure, 18-23
Plaintiff’s Response to Motion to Transfer Venue, 19-4
Plaintiff’s Summary Judgment Affidavit for Attorney’s Fees, 19-18
Plaintiff’s Summary Judgment Affidavit for Suit on Promissory Note [with Foreclosure of Security Interest], 19-17
Plaintiff’s Summary Judgment Affidavit for Suit on Sworn Account, 19-16
Plaintiff’s Written Interrogatories, 18-14
Postjudgment Letter Agreement, 4-6
Presuit Letter Agreement, 4-5
Proof of Claim, 35-6

R

Reaffirmation Agreement, 35-9
Release of Judgment Lien, 27-3
Report of Sale of [Personal/Real] Property, 29-7
Request for Information to Original Contractor, 7-18
Request for Information to Owner, 7-17
Request for Information to Subcontractor, 7-19
Request for Texas Motor Vehicle Information, 3-3

S

Second Notice of Sale under Worker’s Possessory Lien [Property Other Than Motor Vehicle, Motorboat, Vessel, or Outboard Motor], 7-6
Sheriff’s Deed, 27-27
Show-Cause Notice, 26-13
Subpoena Duces Tecum [Nonparty Witness, Postjudgment Deposition], 26-3
Subpoena [with Duces Tecum Language], 18-4
Suggestion of Bankruptcy, 35-5
Suggestion of Death and Scire Facias, 29-10

T

Temporary Injunction, 8-30
Temporary Restraining Order, 8-28
Texas DPS Application for Copy of Driver Record, 3-2
Transmittal Letter to Respondent Following Hearing on Motion to Compel, 26-11

U

UCC1 (Financing Statement), 5-1
UCC11 (Information Request), 3-5
Unconditional Waiver and Release on Final Payment, 7-27
Unconditional Waiver and Release on Progress Payment, 7-25

V

Venditioni Exponas, 27‑10
Verification for Suit on Sworn Account, 14‑2

W

Writ of Attachment, 8‑20, 26‑18
Writ of Attachment and Commitment Order, 26‑16
Writ of Garnishment to Be Served on Garnishee, 8‑5
Writ of Sequestration, 8‑10

CONTENTS

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VOLUME 1

Letter from the President of the State Bar of Texas
Preface
Summary of Contents
How to Download This Manual
Introduction

1 Debt Collection Law Practice
2 Laws Affecting Debt Collection
3 Finding Debtor and Debtor’s Assets
4 Communicating with Debtor
5 Repossession
6 Presuit Considerations
7 Creation and Enforcement of Liens
8 Prejudgment Remedies
9-13 reserved

VOLUME 2

14 Causes of Action
15 Jurisdiction and Venue
16 Service of Process
17 Defenses and Counterclaims
18 Discovery
19 Trial Procedure
20 Judgment
21-25 reserved

VOLUME 3

26 Postjudgment Discovery
27 Postjudgment Remedies
28 Landlord–Tenant Law
29 Probate and Guardianship
30-34 reserved
35 Bankruptcy

Appendix
Bibliography
Statutes and Rules Cited
Cases Cited
List of Forms by Title
Subject Index

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