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Randall K. Lindley
Biography

Randy Lindley represents clients in the areas of creditors’ rights and commercial litigation. He is skilled and experienced with creditors’ rights, post-judgment remedies, commercial litigation, civil appeals, mechanic’s and materialman’s lien claims, construction litigation, landlord-tenant litigation, and foreclosures.


He has represented creditors in trials and appeals based on promissory notes, guarantees and unpaid accounts, and in sequestration actions to recover collateral. His representation of creditors often focuses on the payment of judgments through garnishments, turnover actions, and judicial foreclosures. He also assists creditors in discovering assets via post-judgment depositions and on-line investigations. In addition, he frequently domesticates judgments from other states into Texas for enforcement purposes. He has significant experience defending creditors from FDCPA lawsuits and usury claims.

Randy is frequently engaged by clients in the construction and financial industries. His financial industry clients routinely seek his assistance concerning the collection of defaulted loans and the recovery and foreclosure of secured properties. In the construction industry, he represents contractors and suppliers in construction litigation, arbitration proceedings, and the perfection of lien claims and payment bond claims. On behalf of commercial landlords, he handles landlord/tenant disputes and breach of lease litigation. Randy additionally counsels with credit managers regarding unpaid accounts, as well as credit policies and procedures.

Randy’s litigation experience is extensive; he has litigated numerous breach of contract disputes, including recovering more than $1.7 million for a marketing company.  He has also litigated several Federal Court lawsuits based on payment bond claims in excess of $1 million.  Among his trial victories, he obtained a favorable jury verdict after a state court trial involving a real estate loan. He has also handled a number of disputes in arbitration.  These include disputes involving stock purchase agreements and construction claims.

Education

  • J.D., Southern Methodist University Dedman School of Law, 1986
  • B.S., Business, summa cum laude, The University of Texas at Dallas, 1981

Admissions

  • State Bar of Texas
  • United States Supreme Court
  • United States Court of Appeals for the Fifth Judicial Circuit
  • United States District Courts for the Northern, Southern, Eastern and Western Districts of Texas
  • United States Bankruptcy Court for the Southern District of Texas
Representative Clients
  • Financial Industry — Arrow Financial, Berkshire Bank, The Cadle Company, Equilease Financial Services, Export Development Canada, JP Morgan Chase, Marine One Acceptance, Pennsylvania Higher Education Assistance Agency, Pioneer Credit Recovery, Stanford Federal Credit Union, TD Banknorth, Vertex Financial.
  • Construction Industry — Action Stainless, Adleta Corporation, Avalanche Equipment, Barnsco, Betafence, Cedar Creek Lumber, CMC Design, Crawford Electric, DHB Concrete Inc., Distribution International, Epic Supply, Ferguson Enterprises, H & E Equipment Services, Holcim, Inc., Lhoist North America, Master Tile, Mayer Electric Supply, Metl-Span, Romar Supply, Lattimore Materials, Lennox Industries, O’Neal Steel, ROMCO Equipment, Secure USA, Six & Mango Equipment, Standard Supply, TKO Equipment, US Trinity Energy.
  • Other Clients — Accudyne Industries, Bradsby Group, Cummmings Resources, Expertus Laboratories, Galleria Investors LP, GES Consulting, Olmstead-Kirk Paper Company, Securus Technologies, Trademark Property, United Engines, Village on the Parkway.
Noteworthy
  • Selected by attorney peers for inclusion in The Best Lawyers in America®, 2021-2023
  • Named one of the "Litigation Stars" in the Benchmark Litigation Guide, 2021-2023
  • Selected by attorney peers for inclusion in Texas Super Lawyers®, 2005
  • AV® Peer Review Rated in Martindale-Hubbell
Activities & Memberships
  • Dallas Bar Association
  • National Association of Credit Management
  • Frequent seminar speaker for the NACM on topics involving construction lien claims and payment bond claims, debt collection issues and post-judgment remedies.
Publications
  • 2021: “Why Construction Creditors Must Pay Close Attention to Change Orders,” Quoted , NACM eNews, September Issue
  • 2021: “NACM Southwest Show of Strength Gets Bill Changed,” Quoted, NACM eNews, May Issue
  • 2021: “Another Proposed Texas House Bill Met with Backlash Over Language Issues,” NACM eNews, April Issue, Interview
  • 2021: “Proposed Texas Bill Would Change State’s Mechanic’s Lien Process,” NACM eNews, April Issue, Interview
  • 2021: “Texas Legislative Update: Potential Changes to the Mechanic’s and Materialman’s Lien Laws,” NACM Southwest
  • 2020: “Completing Service of Process and Establishing Proof of Delivery in Light of COVID-19 Social Distancing Orders,” NACM Business Credit Magazine
  • 2020: “COVID-19 Issues and Answers for NACM Members,” Article
  • 2020: “Preparing for a Slowdown in Accounts Receivable Collection Due to COVID-19,” NACM eNews, April Issue
  • 2019: “Bills Overhaul Lien Filing in Texas and Louisiana,” NACM eNews, June Issue, Interview
  • 2019: Manual of Credit and Commercial Laws 110th Edition, Update of Texas Law Chapters on Liens, Bonds, and Trust Funds (published by the National Association of Credit Management)
  • 2019: Manual of Credit and Commercial Laws 111th Edition, Update of Texas Law chapter on Secured Transactions (published by the National Association of Credit Management)
  • 2018: Manual of Credit and Commercial Laws 110th Edition, Update of Texas Law Chapters on Liens, Bonds, and Trust Funds (published by the National Association of Credit Management)
  • 2018: Manual of Credit and Commercial Laws 109th Edition, Update of Texas Law Chapters on Liens, Bonds, and Trust Funds (published by the National Association of Credit Management)
  • 2017: "Preparing for Cyberattacks in Construction," NACM eNews, August Issue, Interview
  • 2017: “Don’t Mess with Texas’ Mechanic’s Lien Law: Proposed Bill Would Be Net Negative for Suppliers,” Business Credit, NACM Magazine, June Issue, Interview
  • 2017: Manual of Credit and Commercial Laws 108th Edition, Author of Chapter entitled “Secured Transactions: A Step-by-Step Explanation” (published by the National Association of Credit Management)
  • 2016: "Proposal to Change Texas Lien Laws Includes Changes to Highly Complex Notice System,” NACM National eNews, September Issue
  • 2016: "Where No One Has Gone Before: Navigating the Proposed Changes to the Texas Lien Laws," NACM Southwest
  • 2016: "Socially or Economically Disadvantaged Businesses Bring Opportunity and Risks," Business Credit, NACM Magazine, May Issue, Interview
  • 2015: “Subguarding the Claims of Subcontractors and Suppliers: Does “Subguard” Insurance Replace Payment Bonds?” NACM Southwest E-Credit News, September Issue
  • 2015: “The AR ‘Process’,” Business Credit, NACM Magazine, February Issue
  • 2014: “The Accounts Receivable ‘Process’,” CFDD Newsletter, December Issue
  • 2014: "Step Carefully When Crossing a Texas Minefield," Business Credit, September/October Issue
  • 2014: "Don't Become Roadkill: New TXDOT Rules Can Alter Claim Deadlines on Highway Projects," Business Credit, April Issue
  • 2012: “Be Nice to the 800 Pound Gorilla!!,” The Connection, NACM Southwest E-Credit News
  • 2012: "No Trees Need Apply," Business Credit, NACM Magazine, February Issue, Interview
  • 2011: "Be Careful Who You Call a Deadbeat," The Connection, NACM Southwest E-Credit News, January Issue 
  • 2009:  NACM Southwest E-Credit News—Texas Amends Fraudulent Lien Statute
  • 2003 thru 2016: Co-author, Manual of Credit and Commercial Laws 94th thru 107th Editions, Texas section of chapters on Mechanics’ Liens and Construction Bonds on Public Projects (published by the National Association of Credit Management)
Presentations
  • 2022: "35 Years of Making Debtors Pay," NACM Southwest All South Conference
  • 2022: “2022 Legal Update: FDCPA & New CFPB Regulations,” The Cadle Company
  • 2022: “No Way (to build a) Home Without Maintaining your Lien Rights (Advanced Bonds & Liens Class),” NACM
  • 2022: “No Way (to build a) Home Without Maintaining your Lien Rights (Beginners Bonds & Liens Class),” NACM
  • 2021: “Texas Lien Law Update Introduction ‘New and Improved,’” NACM Southwest Driving Results
  • 2021: “Change Orders: The Good, The Bad and The Ugly,” NACM
  • 2021: “Texas Lien Law Update Change is in the Air!” NACM Southwest Driving Results
  • 2021: “2021 Legal Update: FDCPA & New CFPB Rules,” The Cadle Company
  • 2021: “Texas House of Representatives House Bill 2237,” Testified before the Business & Industry Committee of the Texas House of Representatives on April 6th
  • 2021: “Town Hall Meeting,” NACM Southwest, Moderator
  • 2020: "Star Wars Rise of Skywalker: Asserting Lien & Bond Claims in Texas," NACM Southwest (Webinar)
  • 2020: “File your Liens like a Skywalker (Advanced Class),” NACM Southwest (Webinar)
  • 2020: “Texas Mechanic’s and Materialman’s Liens in the COVID-19 World," NACM Southwest (Webinar)
  • 2020: “COVID-19 Impact on Texas: Know Your Legal Rights Part Two,” NACM Southwest (Webinar)
  • 2020: “COVID-19 Impact on Texas: Know Your Legal Rights,” NACM Southwest (Webinar)
  • 2020: “The Doctors,” Panelist on the TV talk show
  • 2019: “Risk Mitigation Through Better Documents,” NACM/CFDD (Oral and Written Presentation)
  • 2019: “File Your Liens Like an Avenger (Advanced Class),” NACM Southwest (Oral and Written Presentation)
  • 2019: “File Your Liens Like an Avenger (Beginners Class),” NACM Southwest (Oral and Written Presentation)
  • 2019: “Evaluating the Account Receivable Process From A Legal Point of View,” Texas Security Bank (Oral and Written Presentation)
  • 2019: “2019 Legal Update: FDCPA & Texas Creditors’ Rights Case Law,” The Cadle Company (Oral and Written Presentation)
  • 2019: “Evaluating the Account Receivable Process From A Legal Point of View,” NACM Southwest – Houston (Oral and Written Presentation)
  • 2018: “File Your Liens Like a Jedi,” NACM Southwest-Austin (Oral and Written Presentation)
  • 2018: “To Lien or Not to Lien: The Cost /Benefit Analysis,” NACM Southwest-Waco
  • 2018: “Personal Guaranties that ‘Save the Day’: Top 10 Guaranty Mistakes,” NACM CFDD (Oral and Written Presentation)
  • 2018: "Antitrust Law Update - 2018," NACM's National Non Ferrous Metals Trade Credit Group
  • 2018: "File Your Liens Like a Jedi (Advanced Class)," NACM Southwest (Oral and Written Presentation)
  • 2018: "File Your Liens Like a Jedi (Beginner Class)," NACM Southwest (Oral and Written Presentation)
  • 2018: "2018 Legal Update: FDCPA & Collecting Judgments in Texas," The Cadle Company (Oral and Written Presentation)
  • 2017: “The Electronic World of Credit,” NACM’s 121st Credit Congress (Oral and Written Presentation)
  • 2017: “Asserting Lien & Bond Claims in Texas (Advanced Class),” NACM Southwest (Oral and Written Presentation)
  • 2017: “Asserting Lien & Bond Claims in Texas (Beginner Class),” NACM Southwest (Oral and Written Presentation)
  • 2017: "2017 Legal Update: FDCPA & Bankruptcy Issues" The Cadle Company (Oral and Written Presentation)
  • 2016: “Bankruptcy: A Creditor’s Viewpoint,” Lennox Industries (Oral and Written Presentation)
  • 2016: “Dealing with Sureties,” NACM Southwest, CFDD
  • 2016: "I've Got a Judgment, Now What? Turning Your Judgment into Cash!" NACM All-South Credit Conference (Oral and Written Presentation)
  • 2016: "Asserting Lien & Bond Claims in Texas (Advanced Class)," NACM Southwest (Oral and Written Presentation)
  • 2016: "Asserting Lien & Bond Claims in Texas (Beginner Class)," NACM Southwest (Oral and Written Presentation)
  • 2016: “2016 Legal Update: FDCPA & Texas Case Law” The Cadle Company (Oral and Written Presentation)
  • 2015: “From There to Here, From Here to There, Lien Things are Everywhere!” Barnsco (Oral and Written Presentation)
  • 2015: “From There to Here, From Here to There, Lien Things are Everywhere!” NACM Southwest (Oral and Written Presentation)
  • 2015: “From There to Here, From Here to There, Lien Things are Everywhere!” NACM Southwest CFDD (Oral and Written Presentation
  • 2015: “Business Credit Applications & Guaranties” NACM (Oral and Written Presentation)
  • 2015: “Secured Transactions: Protecting your Credit Decision” NACM CFDD (Oral and Written Presentation)
  • 2015: “Asserting Mineral Liens in Texas, New Mexico, and North Dakota” Sun Valley Electric (Oral and Written Presentation)
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