Sworn Accounts

The collection attorneys at The Dushkin Law Firm collect delinquent open accounts, invoices, 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 lawyers work with our clients to develop a practical and cost-effective action plan for collecting their unpaid accounts and invoices.  Although results will differ depending on the unique facts of each case, our lawyers are often able to collect a delinquent debt simply by making demand and negotiating with the debtor.   In those instances when a collection suit is necessary or advisable, our attorneys will prosecute the suit using cost-effective procedures, whenever available, in keeping with our client’s objectives.  For example, when appropriate to do so based on the facts of the case, we will use a Texas rule of procedure that allows businesses to swear to the correctness of the delinquent account (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 assist our clients to collect their judgments, always with the goal of maximizing recovery while minimizing our clients’ 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.