Philip W. Boyko Law Blog

A sometimes overlooked area of the real estate foreclosure landscape is the application of the statute of limitations (hereinafter the "Statute") to the decision by the trustee to foreclose on default of the real estate lien note by the mortgagor (landowner).  This is an important consideration as there is no authority for the trustee designated in the deed of trust to conduct a foreclosure sale if the Statute bars enforcement of the debt.  One must remember that the... Read More

Your business has not received payment from a debtor corporation (the "corporation")for services rendered or goods delivered by your company.  As you turn the claim over to your attorney for collection, who do you sue?  The corporation for sure as your company's invoice is clearly addressed to the corporation/buyer.  Unfortunately, you never had any of the officers or directors sign a guaranty of the debt, so you think you will not be able to sue... Read More

Because there are many contractors who operate on a shoestring budget, a word of caution concerning the Texas Trust Fund Statute (the "Act").  Unfortunately, many contractors do not know about their exposure, both from a criminal and a civil standpoint, when it comes to their obligation to pay their suppliers and subcontractors who furnish labor and materials to a project.  The Act provides for certain penalties if money leaves the... Read More

You found a good lawyer.  You explained your case in detail and why you need justice.  Your initial demands on the "guilty party" fall on deaf ears.  Your lawyer files the lawsuit.  You patiently await the day when you can explain your case to the jury.  In the meantime, you wade through the discovery process, the summary judgment procedure, and perhaps even an attempt to settle at mediation.  Finally, you get to the courthouse.  You see... Read More

As we reach the end of the first decade in the twenty-first century, I pause to reflect on those responsibilities that a lawyer is charged with before a new client even walks in the door.  I do so because that new client appears at the door with a vision of what their lawyer should be to them.  It's a selfish interest, and that's okay.  After all, they have a problem that requires the attention of the lawyer and they could usually care less... Read More

You have fallen behind on payments to your creditors.  It's not always the result of your spending habits.  A down economy, a catastrophic injury or illness resulting in huge medical expenses, or a number of other reasons that prevent you from paying that creditor that you had every intention of paying.  The original creditor then turns your account over to a debt collector.  After a certain period of time the telephone calls begin. You know you owe... Read More

An issue not often viewed with a critical eye in the probate process is that of  "partial distribution of the estate."  For example, should the executor make a partial distribution to the beneficiaries before the probate process is complete?  It is quite normal for partial distributions to be made.  However, when a partial distribution is made, the executor loses all authority for further administration of the property... Read More

In writing this blog, I usually chose a legal topic that I believe will pass some useful, but general, information to the reader.  This time, however, I won't talk about a "legal topic," but something that the prospective client should find informative.  Your initial telephone call with the lawyer or the staff at his/her office.  Why is this important?  Because first impressions are always important and you will probably be able to... Read More

In these difficult financial times, I am often asked what assets can a judgment creditor ("JC") go after?  This question obviously comes from a debtor that has resigned himself (itself, if a business entity) to the fact that he owes a creditor money, the creditor has sued him or is about to sue him, and there is little benefit to be gained by spending money defending the lawsuit.  This requires an analysis of the laws in Texas exempting... Read More

As some of the readers know, I am constantly reading legal publications of all types in an effort to stay on top of the areas of law in which I practice.  I frequently come across arbitration provisions in documents my clients pass along for my review.  More often than not I suggest deleting the arbitration provision and I provide my clients with my reasons for that decision.  I recently saw a good list of reasons that should be a part of any... Read More