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2001) explained the rationale behind the charging lien: New York's statutory charging lien, see N.Y. Judiciary Law Section 475 (McKinney 1983), is a device to protect counsel against the knavery of his client, whereby through his effort, the attorney acquires an interest in the client's cause of action.
The retaining lien is the right of the attorney to retain the funds, documents, and papers of his client which have lawfully come into his possession until his lawful fees and disbursements have been paid and to apply such funds to the satisfaction thereof.
Judgments awarded in Texas to a non-government creditor are generally valid for ten years but they can be renewed for longer. If a judgment is not renewed, it will become dormant. You can attempt to revive a dormant judgment in order to continue to try and collect the debt.
Contact an judgment collections attorney in the state in which your debtor resides or owns property. Having a judgment in Texas gives you certain privileges, and your attorney can use these privileges to make the judgment debtor pay attention.
The retaining lien is the right of the attorney to retain the funds, documents, and papers of his client which have lawfully come into his possession until his lawful fees and disbursements have been paid and to apply such funds to the satisfaction thereof.
First, if you have a Texas judgment, you can begin the collections process immediately by filing an abstract of judgment in the county clerk's office where you believe the judgment debtor owns non-exempt real property.
A champertous contract is defined as a contract between a stranger and a party to a lawsuit, whereby the stranger pursues the party's claim in consideration of receiving part or any of the proceeds recovered under the judgment; a bargain by a stranger with a party to a suit, by which such third person undertakes to
If handled properly, a Texas judgment can exist indefinitely. But the creditor must be vigilant. We've collected judgments, in full, that were more than twenty years old.
A law firm that is discharged by a client before the client's litigation is concluded may assert a retaining lien against the case file until costs advanced on behalf of the client are either reimbursed or guaranteed.
An Agreed Judgment is usually a settlement agreement for an extended payment plan. Payment plans are usually 12 to 36 months. Sometimes an agreed judgment is the only option if the creditor has produced enough evidence to likely win at trial and the consumer can only do a settlement with a long term payment plan.