Debt Collection Attorney Serving Dallas, TX

Debt Collection Attorney Serving Dallas, TX
Debt Collection Attorney Serving Dallas, TX2021-06-29T20:33:12+00:00




We handle your business debt collection so you can focus on running your business.

Mr. Emerick, a seasoned business debt collection lawyer in Dallas, and President of the Law Offices of Sam Emerick, P.C. helps creditors obtain payment on debts. Mr. Emerick delivers efficient and tangible results to creditors and businesses who are looking to collect a debt.

The Law Offices of Sam Emerick help business creditors who are frustrated attempting to collect debt. Many times, creditors believe that they will be able to resolve the problem on their own; a letter requesting payment, a phone call asking for an explanation, or a proposed meeting regarding delinquent accounts receivable. Unfortunately, these measures rarely produce any tangible results.

I have helped many businesses turn receivables into cash. With thirty-five years of legal knowledge and experience representing and advocating for my clients, I have the knowledge and experience in business debt collection matters to help make the best decisions about your collection problems.

Creditors often seek the help of collection agencies. This won’t help. Collection agencies aim to collect debt while receiving a percentage from creditors on the amount collected. Collection agencies are rarely successful in securing payments from debtors.

Collection agencies lack the legal muscle and ability required to obtain judgments and enforce payments through post-judgment collection through the courts in Dallas. Typical tactics of collection agencies involve contacting debtors by phone and mail. The aggressive and unprofessional approach of many collection agencies has led to statutory restrictions embodied in the Fair Debt Collection Practices Act.

As a licensed attorney and Dallas debt collector, Mr. Emerick understands that filing suit against the debtor is your only realistic way to recover your businesses’ money. Before filing a lawsuit, Mr. Emerick’s law office may negotiate with a debtor, but normally, Mr. Emerick will file a lawsuit seeking a judgment on the amount owed.

From there, Mr. Emerick uses his 35-year legal experience and all available legal remedies to secure payments from debtors. Some solutions may involve skip-trace and asset-search, then after judgment, garnishments of bank accounts, and turnover of the debtor’s assets. If you are frustrated by unsuccessful attempts to recover debts and monies owed, contact a seasoned collection lawyer in Dallas, Sam Emerick at the Law Offices of Sam Emerick, P.C.

Established in Dallas Texas in 1982 our law firm has been representing clients in commercial debt collection for more than 35 years. At the Law Offices of Sam Emerick, P.C., we are focused on providing excellent services to our commercial clients.

Our firm works one-on-one with your business in order to provide personalized legal solutions. I personally take the time to analyze and understand your business and research a solution. By getting to know you and your company and becoming thoroughly acquainted with the circumstances of your case, I am able to provide the best advice and guidance when you need it most.

I do not assign your case to an associate.

We offer very competitive pricing, with with hourly charges from $175-$190 per hourand specialize in working your case quickly, efficiently, and with a view toward sending you a check. We are able to answer questions and provide status reports to keep our clients informed. In addition, we do not drag matters out unnecessarily.

We are located conveniently to the courthouses in Dallas, McKinney, and Denton Texas. We are open from 9-6 and offer a free initial consultation. Contact us today to schedule your appointment.

Call 214-752-8800 to speak with Sam Emerick, Dallas debt collection attorney.

Representative Clients:

Primary Media Outdoor; Capital Electric Motor Service; Cordeck Roofing Supplies; Twin City Security; Financial Halo; Heritage Stonecraft; Transport Factoring; Partnership Employment; Lenco Credit Union.


Unconscionability, Waiver, Limitation Of Liability: Part I

Q--‘Unconscionability’ sounds like fraud; what is it? Texas Collection attorneys will sometimes see the defense called ‘unconscionability’. Generally either in collection or factoring litigation, a contract can be deemed unconscionable if it is unfair because of the overall or gross one-sidedness of the contract terms.  There are two main issues associated with unconscionability, being first, how the parties arrived at the contract terms, and whether there is some legitimate commercial reason justifying the terms of the contract.  The discussion about how the parties arrived at the contract terms addresses the “procedural aspect” of unconscionability, whereas the discussion about the “legitimate commercial reasons”, is a substantive aspect.  A defendant will bear the burden of proving either a procedural aspect or substantive aspect of unconscionability, and of course this defense  must be pleaded under Rule 194. Q—where does ‘fairness’ come into play? Regarding whether there is a legitimate commercial reason justifying the contract [...]

By |February 15th, 2019|Categories: Uncategorized|Comments Off on Unconscionability, Waiver, Limitation Of Liability: Part I

Accord Satisfaction and Novation

LAW OFFICES OF SAM EMERICK, P.C. Q- I was sued, but I settled the matter, now the creditor is coming back, wanting more. What can I do? Today’s subject as used by Texas collection attorneys is the defense of accord and satisfaction. Accord and satisfaction is an affirmative defense and rests on a new contract which is a new written express contract or an implied contract, in which the parties agree to discharge the existing obligation. In this sense, the term “accord” is a new contract which discharges the existing old obligation. Also, the “satisfaction” means the performance of that new contract to which the parties agree to. Importantly, because an accord is essentially a new separate agreement or contract, all of the elements which are necessary to establish the formation of a contract, such as offer, acceptance, and consideration, must also exist and be proven. For example, if a [...]

By |October 17th, 2018|Categories: Uncategorized|Comments Off on Accord Satisfaction and Novation

Types of Damages in Texas

What damages can I recover in my collection lawsuit? Actual damages, the Texas collection lawyer seeks damages called “compensatory damages”, awarded to compensate for an injury or to repair a wrong. Actual damages may be either economic or non-economic and do not include exemplary damages. Economic damages compensate for actual economic or pecuniary loss, and non-economic damages are awarded to compensate for physical pain and suffering, mental and emotional pain or anguish, disfigurement, physical impairment, loss of companionship in society, inconvenience, loss of enjoyment of life, injury to reputation, and all other non-pecuniary losses, other than exemplary damages. How do I allege damages in my lawsuit? In pleading damages, Plaintiff should plead sufficient facts, in order to give Defendant fair and adequate notice of the damages sought and enough information for Defendant to prepare a defense. Horizon v. Auld 34 SW3d 887 (Tex. 2000). For pleading purposes, actual damages are [...]

By |July 19th, 2018|Categories: Texas law|Comments Off on Types of Damages in Texas