Scott J. Duncan | Senior Shareholder | |
| phone | (361) 880-5825 |
| fax | (361) 880-5844 |
| Email Me | |
Scott engages in a civil litigation and business transaction practice with an emphasis in the representation of business and financial services clients. He can help his financial services clients defend consumer claims, document loan transactions and enforce their provisions in events of default, by pursuing litigation for collection, foreclosure and, when appropriate, seeking prejudgment remedies. He also helps his business clients in transactions including buying/selling entities, loans, collecting overdue debts, enforcing contracts and in the defense of consumer claims. Scott has extensive experience, gained in over 25 years of practice in these areas, in representing local and national financial institutions, ranging from banks to captive finance/credit companies and other businesses involved in the sale of goods and services, in legal matters through out South Texas.
Representative Matters:
Obtained temporary restraining order, writs of attachment and permanent injunction in favor of client in debt collection claims.
Obtained writ of garnishment for automobile finance company for return of collateral on defaulted financing transaction and successfully recovered Judgment in favor of client for full balance of indebtedness due plus attorneys fees and costs incurred.
Successfully prosecuted claims for collection of defaulted loans and recovered Judgment in favor of client for full balance due plus attorneys fees and costs incurred.
Defended finance company against consumer claims of unfair debt collection.
Represented client as borrower in obtaining 30 million dollar revolving credit facility.
Represented client in purchase and acquisition of existing oil & gas equipment sales company.
Represented client in sale of retail sales company.
Represented client in purchase and acquisition of multiple franchised fast food business locations.
Successfully represented financial institution in work out negotiations on multi million dollar secured troubled loan transaction and prepared the loan documentation of the restructured secured indebtedness.
Represented client in negotiations and retention of investment banking firm for sale of multi million dollar oil & gas drilling equipment company.
Obtained possession of large leased premises in retail shopping center for landlord after default by tenant on commercial lease agreement by pursuit of distress warrant and other pre judgment remedies.
Successfully defended claims for damages and breach of contract asserted against landlord by tenant under commercial lease agreement.
Conducted due diligence in acquisition of real estate secured loans from financial institution, negotiated terms of purchase and prepared documentation for successful closing of the purchase of the real estate secured loans.
Defended seller of oil drilling rig in multi party wrongful death and personal injury lawsuit in which claims of defects in the drilling rig were asserted resulting in no recovery being obtained against client.
Represented petroleum wholesaler in lawsuit brought by gas station dealer asserting claims of damage and breach of contract resulting in favorable settlement in favor of client.
- Areas of Practice:
- Commercial Litigation
- Civil Litigation
- Business Transaction
- Alternative Dispute Resolution
- Arbitration
- Collections and Repossessions
- Debtor/Creditor Issues
- Bar Admissions:
- Texas, 1981
- U.S. District Court Southern District of Texas, 1982
- U.S. District Court Northern District of Texas, 1992
- U.S. Court of Appeals 5th Circuit, 1982
- Education:
- St. Mary's University School of Law, San Antonio, Texas,
1981
J.D. - Centenary College of Louisiana, Shreveport, LA, USA,
1978
B.A.
Major: Economics
- Published Works:
- Case Note, 12 St. Mary's Law Journal 769, 1981
- Prejudgment Remedies Available to Creditors Under Texas Law
- Statutory Liens Available to Creditors Under Texas Law
- The Recovery of Attorneys Fees Under the Texas Deceptive Trade Practices Act
- Representative Cases:
- In re DiamlerChrysler Services North America, L.L.C., 2005 WL 35226351 (Texas 13th Court of Appeals 2005)
- Representative Clients:
- Automobile Finance Companies
- Financial Institutions
- Collection matters for Businesses that sell goods/services on credit
- Individuals in the formation, purchase and/or sale of Businesses
- Classes/Seminars Taught:
- Author/Speaker, Prejudgment Remedies Available to Creditors Under Texas Law, Continuing Legal Education Seminars
- Author/Speaker, Statutory Liens Available to Creditors Under Texas Law, Continuing Education Seminars
- Author/Speaker, The Recovery of Attorney Fees Under the Texas Deceptive Trade Practice Act, Continuing Education Seminars
- Professional Associations and Memberships:
- State Bar of Texas, Litigation Section
- Member
- State Bar of Texas, Consumer Law Section
- Member
- Texas Trial Lawyers Association
- Member
- Texas Association of Bank Counsel
- Member
- Pro Bono Activities:
- Annually provide pro bono services to select clients on select matters, 1981 - Present
With offices in Corpus Christi, Austin, and San Antonio, the law firm of Porter, Rogers, Dahlman & Gordon, P.C., serves South Texas, Central Texas, and the Rio Grande Valley. We have many clients in Atascosa, Bastrop, Bexar, Brooks, Burnett, Cameron, Comal, Duval, Gillespie, Hays, Hidalgo, Jim Wells, Kendall, Live Oak, Nueces, Port Aransas, San Patricio, Starr, Travis, Uvalde, Webb, Williamson, and Wilson counties, including the communities of Alice, Brownsville, Del Rio, Edinburg, Fulton, Harlingen, Laredo, McAllen, Rockport, and San Diego.
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One Law Firm in Three Cities |
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Corpus Christi |
Austin |
San Antonio |
