What is Assignment?
An Assignment is nothing more than taking over a legal claim or right against a third party from another party who previously owned that right or claim.
Another way of putting it is that an Assignment is the legal substitution of one person in another’s place.
Example: Jeff fires an incompetent contractor. The contractor then files a Mechanic’s Lien against Jeff’s property to try and force Jeff to pay him anyway. This Lien clouds the title to Jeff’s home and years later Jeff finds out about its existence when he tries to refinance. The contractor is long gone and no one knows where to find him. There is even a rumor that he passed away sometime back.
Jeff consults a competent attorney who informs him that a private investigator will have to be retained to find the contractor to have him served. If he turns out to indeed be deceased, then the investigator will have to identify and locate the heir of the contractor’s estate. Then a lawsuit will have to be filed and served. The attorney further explains that they may be able to get a judgment against the Lienholder to reimburse Jeff for his out of pocket expenses, but there is not guarantee that he will ever be able to collect on it.
Rather than be out the investigator’s fees, attorney’s fees, court costs, discovery fees, deposition fees and other charges, plus hire a collection agency to collect against the Lienholder, Jeff chooses to Assign his Cause of Action to us. We then take over the claim against the contractor, have him (or his estate) located, sue for release of the claim against Jeff’s home, and are awarded the damages. In other words, we agreed to put up the money on the front side to have the Lien released against Jeff’s home, in exchange for the chance to be paid on the backside.
Will I have to put up any of the money to have my Cause of Action prosecuted by The Carpenter Group?
What if you get a judgment against the Lienholder but he never pays? Am I responsible for paying your fees at that point?
NO. We have attorneys and collection agencies retained to handle the collections, file paperwork with the courts, seize the Lienholder’s assets and freeze their bank accounts if necessary.
What if the Lienholder files bankruptcy?
NO. You are still not liable for refunding us the money we were out to take over your Cause of Action. We take all the risk in exchange for the opportunity to make a profit down the road.
How can you afford to take over my Cause of Action with no guarantee of ever getting paid?
Volume. We work in very specialized areas and accept only certain types of Actionable Causes. This means that we may literally have over a hundred claims against one contractor. This sheer volume allows us to handle cases much more economically than someone trying to handle a single case. It also means that we know exactly what to look for in a Cause.
I signed a contract with a contractor that has since placed a Lien on my property. Does that mean that the Lien is valid and I have to pay it?
NO, not necessarily. Just as bad contractors are fired for numerous reasons, Liens can be discharged for an abundance of reasons. The State of Texas has gone to great lengths to protect the sanctity of the homesteads and other property of the State’s citizens against Non-Conforming Liens.
How can I find out if a Lien on my property is a Non-Conforming Lien?
Contact our offices. If it appears that you have an Actionable Cause and it is your wish to assign that cause to us, we will send you an Assignment Agreement. After receiving it back, we will send a specialist to the County Land Records office to purchase copies of documents. We will then retain an attorney to review the documents and make a determination as regarding the Cause.
Are there any consulting fees or charges to have my Cause reviewed?
Can you guarantee me that the Lien against my property will be released?
No we cannot. No one can. That is a decision for the courts to decide. However, remember that we agree to bear the cost of all attorneys’ fees and other charges. Therefore we stand no chance of getting paid unless we are successful. With that in mind, understand that we will work tirelessly to see that we are successful in that endeavor.
Will you accept assignment of any Causes of Action?
No. Since we bear all the costs of prosecuting the Causes, it makes much more sense for us to stay laser focused on certain areas. This allows us to be more efficient in those areas and deal in volume. Additionally, some Causes of Action, by law, may not be assignable such as a malpractice case against a lawyer.
I have a Cause of Action that I would like to assign to your firm. How do I know if it is one that you will accept?
Contact us, 972-617-7131. There is no charge for speaking with us and having us review it. If necessary we will even send it to a lawyer to make a determination as to if we should offer you the opportunity to assign the Cause to us.
I work all day. Is there someone I can speak with after hours?
Yes. Contact us, 972-617-7131. This is a common issue and Specialists will make themselves available after normal business hours. If no one is available when you call, simply leave a message as to when the best time to contact you will be. We will make every effort to accommodate you.
Will I have to take off work to come into your offices?
No. We understand that in today’s society time is a valuable commodity. We will work with you to try and handle everything by fax, mail, or courier.
Don't Wait Another Day.
Contact Us NOW at 972-617-7131.
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