The Claims & Financial Litigation section of The Office of General Counsel is responsible for the pursuit of various claims on behalf of UT System and its institutions, including litigation when appropriate.
Working as in-house plaintiffs' counsel, section attorneys negotiate, and may appear in federal or state court to prosecute, claims involving:
- business issues (like contract or lease disputes and class actions)
- estate and probate matters
- bankruptcy claims
- medical accounts and related liens
- student debt
- other matters when UT System or one of its institutions is affirmatively pursuing a debt or claim for relief
Section attorneys may be called upon to represent UT System or an institution in ancillary defensive matters like:
- tax suits
- interpleader actions
- declaratory judgment actions
- bankruptcy adversarial proceedings
- garnishment proceedings
Applicable federal regulations, OGC Guidelines for Referral, Regents’ Rules & Regulations and UT System policy govern when and how matters can or must be referred to the section for review or action. Matters can be referred by contacting Kevin Brown or Hannah D. Huckaby.
Pursuit of all claims is attempted through negotiated settlement prior to litigation, with an emphasis on resolving claims informally and in a manner consistent with the overarching goals and priorities of the UT System and its educational and public service purposes. However, if litigation is required, the authority to file suit is granted to the section attorneys by the Office of the Attorney General.
The section also
- reviews contracts between our institutions and outside collection agencies, and facilitates obtaining approval of same from the Office of the Attorney General
- advises institutions regarding various legal and business concerns that impact receivables management
- provides legal advice and guidance on certain Title IV issues and related matters regarding student financial aid
Claims & Financial Litigation Resources
The University of Texas System
- Regents' Rules and Regulations 40401, 40701, 50101
- UTS155, Policies Regarding Clinical Enterprise Business Operations
Texas
- Administrative Code, Title 1, Part 3, Chapter 59 - Collections
- Collection of Delinquent Obligations: Chapter 2107, Government Code
- Comptroller of Accounting Policy Statements 27 and 28
- Constitutional Provisions:
- Emergency Loans: §§56.051-56.055, Education Code
- Hospital and Physician Lien Statute: Chapter 55, Property Code
- Regulation of Credit Reporting Agencies: Chapter 20, Business and Commerce Code
- Statute of Limitations:
- Texas Debt Collection Act: Chapter 392, Finance Code
- Venue: §65.42, Education Code
- Warrant Holds: §403.055, §403.0551, Chapter 666, Government Code
Federal
- Fair Credit Reporting Act
- Fair Debt Collection Practices Act
- Statute of Limitations - Perkins Loan Program (34 CFR 674.45(g))
- Verify Active Military Duty
