Credit Card Cases

Have you been sued on a credit card debt, mortgage deficiency or a private student loan?   Sued by a debt purchaser or a debt collector?

I have successfully defended  and completed over 243 of these kinds of cases since 2008, and have never lost a debt purchaser case, a private student loan debt purchaser case, or a mortgage deficiency case.  I have saved consumers from over three million dollars in alleged debt claims.

If you have been sued, you need an experienced lawyer who is not afraid to fight debt collectors and banks.  While I am primarily a business lawyer, I proudly defend ordinary people against credit card lawsuits brought by debt purchasers and original creditors.  Why?  I’ve been seeing a flood of these cases since 2008 and they just keep coming.  The people being sued are hard working, honest Americans who have been exploited by unfair interest rates and dishonest lending practices.  These banks won’t work with consumers.  In fact, they are thrilled when you lose a job or can’t keep up with your monthly payment because of illness or some other misfortune.  They actually want you to default.  Why?  Because that’s when they make the big bucks, charging you 29% interest, penalties and fees.  Then when they are done with you, they send the debt collector vultures after you.  I have heard from hundreds of people to whom this has happened.  And that’s  just wrong.  Now, my background is as a business lawyer and I still devote much of my practice to representing businesses.  But I won’t stand for dishonest and unethical business.  When it comes to these debt collection lawsuits, I have to side with the consumer.

 

  •  I offer a flat fee arrangement for my attorney fees and payments plans if needed.  I offer a flat fee of $1,500 for representation all the way through trial on credit card lawsuits.  I also offer an hourly fee arrangement, but the flat fee is a better deal for my clients in most cases, as my hourly rate is $275.  The flat fee is only for Central Texas cases.

 

  • I personally handle every single case.  Nothing is delegated to assistants or outside counsel.

 

  • Asset Acceptance, CACH, Equable Ascent, LVNV, Midland Funding, Portfolio Recovery – these are not original creditors.  They are not banks.  They are speculators and vultures that prey upon the working families of America.  While it is legal to buy debt at a steep discount (usually five cents on the dollar) and then sue for the full amount, the courts should not be a rubber stamp for dishonest and unethical debt collectors who just so happened to be armed with a law degree.  Why should you have to pay someone who is not the original creditor if they can’t prove they are now the rightful and lawful owner?  You shouldn’t.  And that’s one of the biggest problems with these cases.  These companies are unable or unwilling to prove, with admissible evidence, that they are the rightful owner.  They try to gloss over this issue with sham affidavits and phony evidence.  It takes an experienced lawyer to raise the proper objections and get a case dismissed on this basis.
  • Even if you recognize the underlying debt and think you owe it, that does not necessarily mean you owe it to the debt purchasers. I have yet to see  a single alleged debt purchaser actually prove with admissible evidence that it was the rightful owner of the debt. If they can’t prove they own it, the case should be dismissed.
  • My goal is to get these debt collector cases dismissed without my clients paying anything to these debt purchasers.  If a client wants to explore settlement, I will, but my strategy is to defeat them in court.
  • I also defend people in credit card cases brought directly by original creditors, such as American Express, Bank of America, Discover, Capital One, Citibank, FIA Card Services, HSBC, State Farm Bank and Target National Bank.   Some of these cases are easy, some of them are tough, but I take them just the same.
  • If the lawsuit was filed past the statute of limitations, this is a complete defense and is also the basis of a counterclaim for violation of the Fair Debt Collection Practices Act.  Under this consumer protection law, an experienced attorney may be able to recover damages and attorneys fees for the consumer.
  • Other times, we win because the client has a valid dispute over the amount of the debt or because the debt collector can’t prove the amount of the debt or the terms of the credit card contract.
  • Many people don’t think they can fight back or don’t think they can afford an attorney. But you can fight back and you probably can afford an attorney. If you are thinking of hiring me, I don’t charge for the consultation.
  • Hiring a capable and experienced attorney is likely to save you money and get you better results than trying to do it yourself or doing nothing.
  • I have been practicing law in Central Texas since 1997.  I have regularly appeared before most of the trial courts in Travis and Williamson counties. When you hire me, I personally show up at your hearing or trial.  Many firms that advertise for these kinds of cases are from out of town and the lawyer you hired may not be the one who shows up for court here in Austin.
  • I take on alleged purchasers of credit card debt, like AIS Services, Arrow Financial Services, Asset Acceptance, LLC, Commonwealth Financial Systems, CACH, LLC, Credigy, Dodeka, LLC, Equable Ascent Financial, LLC, Gotham Collection Services; Harvest Credit Management, Hilco Receivables, Integras Capital Recovery, LVNV Funding, LLC, Main Street Acquistion Corp., Midland Funding, Pharia, LLC, Portfolio Recovery Associates, Samara Portfolio, VSM Financial, Unifund and the National Collegiate Student Loan Trust and many others. The names are constantly changing, but it is usually the same players.
  • The debt collection lawyers I have taken on include Michael Adams; Michael J. Scott; Yvonee Mikulik; Rausch Strum, Israel, Enerson & Hornick; Jody Jenkins, Dan Young; Jenkins, Wagnon & Young; Kris Balekian Hayes; Kristy Gabrielova, Johnetta Lang; Fulton, Friedman & Gullace, Zwicker & Associates, Anh Regent, Regent & Associates;  Benjamin Sanchez, and many others.

Here is a summary of the credit card debt purchaser cases I have handled to conclusion starting in 2008 through present. (Last updated  June 2, 2015).  As of this date, I have never lost a credit card debt purchaser case or student loan purchaser case. (Student loan cases are not included in this tally).

Defense wins: 243.  Loses to debt purchasers: zero.

1. Dodeka, LLC v. S.P., Travis County, July 2008. Case dismissed after I filed for summary judgment.

2. Dodeka, LLC v. R.S., Travis County, September 2008. Case dismissed after I filed for summary judgment.

3. Dodeka, LLC v. E.W., Travis County, October 2008. Case dismissed after I filed for summary judgment.

4. L.G. v. Dodeka, LLC, Travis County, October 2008. After getting Dodeka’s case dismissed against my clients in Denton County, I filed a FDCPA lawsuit against Dodeka and its lawyers in Travis County. Dodeka paid us $3,037 to settle. My clients received $1,500 of this and the rest went to my attorney’s fees. The case against the lawyer is still pending.

5. Dodeka, LLC v. B.M., Williamson County, February 2009. Judgment for my client.

6. Unifund CCR Partners v. C.E., Travis County, April 2009. Unifund dismissed its claims and paid $2,000 to my client to reimburse her for my attorney’s fees and for statutory damages.

7. Capital One v. F.T., Travis County, April 2009. Case voluntarily dismissed.

8. CACH, LLC v. M.A., Williamson County. My motion to vacate an arbitration award was granted and the case was dismissed with prejudice.

9. Unifund v. L.P., Williamson County, June 2009. Amount of claim: $28,693.71 plus attorney fees and interest. We settled for $500.

10. Pharia, LLC v. K.J., Bistro County, June 2009. Case dismissed after we filed for summary judgment.

11. CACH, LLC v. W.W., National Arbitration Forum, June 2009. Claim voluntarily dismissed after I filed a petition to stay arbitration.

12. Discover v. K.L., Harris County, July 2009. Case voluntarily dismissed after I filed for summary judgment.

13. CACH, LLC v. A.B., Travis County, August 2009. Case voluntarily dismissed.

14. Portfolio Recovery Associates v. P.S., Travis County, August 2009. Case and counter-claim mutually dismissed by agreement after I filed for summary judgment.

15. CACH, LLC v. P.K., Travis County, August 2009. This was a lawsuit to confirm an arbitration award of over $65,000, which was awarded against my client prior to my representation. After I was hired, I filed a plea to the jurisdiction and the case was dismissed.

16. Amex v. D.W., Travis County, September 2009. Amount of suit was over $200,000. Case was voluntarily dismissed after I defeated AMEX’s motion for summary judgment and after the court ordered the parties to mediation.

17. Dodeka v. W.W., Lubbock County, September 2009. My client paid $500 to settle to avoid travel expenses.

18. Midland Funding v. E.O., Hays County, September 2009. Case voluntarily dismissed.

19. Midland Funding v. M.B., Parmer County, September 2009. Plaintiff dismissed the case and paid us $650 in attorney fees.

20. Pharia, LLC. v. R.M., Brazoria County, September 2009. My client paid $500 to settle. I filed a motion for summary judgment but the settlement saved my client my travel expenses.

21. Chase Bank v. L.B., National Arbitration Forum, October 2009. Claim voluntarily dismissed after I filed a petition to stay the arbitration.

22. Pharia, LLC v. L.F. November 2009, Dallas County. I filed a motion to dismiss. My client paid $500 to settle in order to save on paying for my travel expenses to Dallas.

23. Hilco Receivables, LLC v. E.W., Travis County, December 2009. Case voluntarily dismissed after I filed a motion for summary judgment.

24. Arrow Financial Services, LLC v. J.P., Travis County, December 2009. Case voluntarily dismissed after I filed a motion to dismiss.

25. Discover v. D.W, Williamson County, January 2010. Case voluntarily dismissed.

26. Asset Acceptance LLC v. N.B., Travis County 2010. Case voluntarily dismissed by plaintiff in open court during our motion for summary judgment, when it wasn’t going so well for them.

27. CACH, LLC v. A.G., Travis County, January 2010. Case voluntarily dismissed.

28. Midland Funding, LLC. v. A.R., Travis County February 2010. Case settled by Midland Funding LLC paying my client $1,000.00 on a FDCPA counterclaim.

29. Capital One Bank v. J.D., Travis County, April 2010. Case voluntarily dismissed.

30. HSBC Bank v. K.W., Williamson County, April 2010. Case voluntarily dismissed.

31. CACH, LLC v. J.T., Travis County, May 2010. Case voluntarily dismissed in open court.

32. Discover v. R.P., Williamson County, May 2010. Case voluntarily dismissed.

33. Travis County case, confidential settlement, plaintiff paid us attorney fees and damages on FDCPA counterclaim, June 2010.

34. CACH v. C.Y., Williamson County, June 2010. Case voluntarily dismissed.

35. LVNV Funding, LLC v. D.C, Hays County, June 2010. Case voluntarily dismissed.

36. Pharia, LLC v. J.O., Hays County, June 2010. Court granted special exceptions and dismissal is pending if plaintiff cannot produce evidence.

37. Pharia v. D.C., Travis County, July 2010. Court granted plea to the jurisdiction and dismissed the case.

38. LVNV Funding, LLC. v. W.L., Travis County, July 2010. Case voluntarily dismissed.

39. CACH, LLC v. T.H., Williamson County, July 2010. Case voluntarily dismissed after we set our motion for summary judgment for a hearing.

40. Dodeka v. M.R., Williamson County, August 2010. Plea to the Jurisdiction granted, case dismissed by the court.

41. Equable Ascent Financial (Hilco) v. K.C., Travis County, August 2010. Case voluntarily dismissed after we set our motion for summary judgment for a hearing.

42. Dodeka v. M.D., Williamson County, August 2010. Case dismissed with prejudice in exchange for our dropping our sanctions award against Dodeka.

43. Arrow Financial Services, LLC v. J.M., September 2010. Case voluntarily dismissed after we filed our plea to the jurisdiction.

44. Confidential settlement, Bastrop County. We took over a pro se defendant’s case. She had done an amazing job of defeating a motion for summary judgment, but was ordered to mediation. After taking over, we got it settled for a small amount, about the cost of the mediator’s fee, which she would have had to pay regardless. These are usually the only times I recommend settlement in a debt purchaser case, when we can settle for what we were going to have to spend on case expenses anyhow.

45. HSBC Bank Nevada, N.A. v. C.C., Williamson County. Case voluntarily dismissed.

46. Pharia v. L.C., Travis County, October 2010. We got Pharia sanctioned for discovery abuse. They paid us $2,500 in attorney fees and dismissed the case with prejudice. All of the attorney fees paid to us by the client were returned to the client.

47. Capital One v. T.G., Travis County, October 2010. We filed a third party petition for violation of the FDCPA. All claims were mutually dismissed with prejudice by agreement.

48. Original creditor (credit card), confidential settlement, November 2010. Settled claim of over $75,000 for $20,000.

49. AMEX v. R.D., Travis County, November 2010. Settled for approximately 30%

50. Samara Portfolio Management, LLC v. N.Z, Harris County, November 2010. Client was defending himself pro se and about to lose a motion for summary judgment with deemed admissions. Notwithstanding these difficulties, we quickly got the case dismissed after taking over and are now pursuing a counterclaim for violation of the FDCPA.

51. Original creditor (credit card), December 2010. Confidential settlement.

52. Credit card debt purchaser (confidential settlement) Travis County, December 2010. Non-monetary settlement, parties exchanged mutual releases and dismissed with prejudice.

53. Harvest Credit Management, LLC v. K.R., Travis County, December 2010, voluntary dismissal.

54. Credit card debt purchaser (confidential settlement), Fayette County, January 2011. Settled claim of over $27,000 for $500.00, less than two cents on the dollar.

55. Credit card debt purchaser (confidential settlement), Hays County, January 2011. Settled for $150, less than two cents on the dollar.

56. Credit card debt purchaser (confidential settlement), Hays County, January 2011. Settled for $150, less than two cents on the dollar.

57. Credit card debt purchaser (confidential settlement), Hays County, January 2011. Settled for $500, less than five cents on the dollar.

58. Unifund Partners CCR v. E.A., Fayette County, January 2011. Plaintiff dismissed the after our motion to compel was granted, in which the court ordered plaintiff to produce all of its purchase agreements.

59. Pharia v. C.M, Travis County, Texas, January 2011. Court granted our plea to the jurisdiction and dismissed the case.

60. Credit card debt purchaser (confidential settlement), Bexar County, January 2011. Non-monetary settlement, parties exchanged mutual releases and dismissed with prejudice.

61. Midland Funding, LLC v. M.P., Williamson County, January 2011. Voluntary dismissal.

62. Midland Funding, LLC v. L.C., Williamson County, February 2011. Voluntary dismissal.

63. Bank of America v. V.F. Travis County, March 2011. Voluntary dismissal the day before trial. We were ready to go and are a bit disappointed we didn’t get to beat up on them in court.

64. Citibank (South Dakota) N.A., v. C.K, Harris County, March 2011. Voluntary dismissal.

65. Midland Funding, LLC v. K.L., Harris County, March 2011. Voluntary dismissal.

66. CACH, LLC v. K.B., Travis County, March 2011. Voluntary dismissal.

67. Confidential settlement, debt purchaser case, Travis County, March 2011. Mutual release and dismissal. We released our FDCPA counterclaim in exchange for their release of the debt.

68. Confidential settlement, original creditor, credit card, Travis County, March 2011. Settled for 16% of total.

69. Target National Bank v. S.K.H., Williamson County, March 2011. Voluntary dismissal. Target actually sued my client twice, in two separate cases. Both were dismissed.

70. Midland Funding v. E.C., Travis County, April 2011. Voluntary dismissal.

71. Portfolio Recovery Associates, LLC Assignee of Wells Fargo Bank, N.A. v. M.D., Williamson County, April 2011. Voluntary dismissal.

72. Confidential non-monetary settlement, debt purchaser case, Hays County, Texas, April 2011. Debt purchaser agreed to a mutual release of all claims after the court overruled their discovery objections and granted our motion to compel further discovery responses.

73. Capital One Bank (USA) N.A. v. R.M., Williamson County, April 2011. Voluntary dismissal.

74. ___ v. C.G, confidential non-monetary settlement, consisting of a dismissal of the claim in exchange for dismissal of our FDCPA claim, debt purchaser case, Travis County, April 2011.

75. Amex v. D.D, Travis County, April 2011. Voluntary dismissal.

76. Citibank (South Dakota), N.A. v. I.H., Williamson County, April 2011. Voluntary dismissal.

77. Hillcrest Bank v. V.F.I, LLC, Travis County, April 2011. Dismissed for want of prosecution.

78. CACH, LLC v. D.A., Travis County, May 2011. Voluntary dismissal.

79. HSBC Bank Nevada, N.A. v. K.W., Williamson County, May 2011. Mutual agreed dismissal.

80. Capital One Bank (USA) v. J.R., Hays County, May 2011. Voluntary dismissal.

81. Midland Funding, LLC v. T.S., Williamson County, June 2011. Voluntary dismissal.

82. Precision Recovery Analytics, Inc. v. TS and ST, Williamson County, June 2011. Voluntary dismissal.

83. Equable Ascent Financial LLC assignee of Chase Bank USA, N.A. (WAMU) v. T.W., Lee County, June 2011. Voluntary dismissal.

84. Midland Funding, LLC v. R.R., Travis County, July 2011. Case voluntarily dismissed.

85. Midland Funding, LLC v. P.N., Travis County, August 2011. Case voluntarily dismissed.

86. CACH, LLC v. C.N., Travis County, August 2011. Case voluntarily dismissed.

87. American Express v. J.S., Travis County, August 2011. Case dismissed with prejudice and we received $1,750 in settlement of our FDCPA third party petition against the debt collector. Of this amount, $1,583 was paid to my client, which fully reimbursed her flat attorney fee of $1,250 and left her with an extra $333.00.

88. Palisades Collection, LLC v. K.L., Harris County, August 2011. Mutual dismissal with prejudice and mutual release. This was a non-monetary settlement in which our FDCPA counterclaims were released in exchange for the release of plaintiff’s claims.

89. Discover v. W.F.N., Bastrop County, September 2011. Voluntary dismissal.

90. State Farm Bank v. R.M, Williamson County, October 2011. Case voluntarily dismissed.

91. Equable Ascent Financial LLC assignee of Chase Bank, USA, N.A. (WAMU) v. R.F., Travis County, October 2011. Voluntarily dismissed.

92. Midland Funding, LLC v. M.A., Travis County, October 2011. Court granted our plea to the jurisdiction and dismissed the case.

93. Crown Asset Management, LLC v. S.E.O., Travis County, October 2011. Mutual voluntary dismissal with prejudice, after the court granted our motion to transfer venue.

94. Debt purchaser v. J.S., Travis County, October 2011. Mutual voluntary dismissal and full release. This was a non-monetary settlement in which we released our FDCPA counterclaim in exchange for their release of their claims.

95. Asset Acceptance, LLC v. K.T.N, Travis County, October 2011. This case went to trial and the court dismissed it in my client’s favor due to the plaintiff’s lack of evidence. I argued the case as local counsel for an out of town attorney who prepared the case.

96. Portfolio Recovery Associates, LLC v. W.R., Williamson County, November 2011. Plaintiff voluntarily dismissed during trial right before judge was going to grant judgment against them for lack of any evidence on file.

97. FIA Card Services, N.A. v. V.K.F., Travis County, November 2011. Voluntary dismissal.

98. Midland Funding, LLC v. A.G., Travis County, November 2011. Voluntary dismissal.

99. AIS Services, LLC v. L.D., Anderson County, November 2011. Mutual dismissal and non-monetary settlement agreement. Plaintiff agreed to dismiss its claims and release the debt in exchange for our dismissal and release of FDCPA counterclaims.

100. Portfolio Recovery Associates LLC Assignee of Wells Fargo Bank, N.A. v. CSC, Travis County, November 2011. Voluntary dismissal.

101. Equable Ascent Financial, LLC v. K.F., Travis County, December 2011. Voluntary dismissal.

102. Discover Bank v. M.A.F., Travis County, December 2011. Voluntary dismissal.

103. Capital One, N.A. v. C.A.M., Travis County, December 2011. Voluntary dismissal.

104. Capital One Bank, N.A. v. P.J.O., Williamson County, January 2012. Voluntary dismissal.

105. Midland Funding, LLC v. C.C., Williamson County, January 2012. Voluntary dismissal.

106. Capital One Bank (USA), N.A. v. S.D.M, Williamson County, February 2012. Voluntary dismissal.

107. Midland Funding, LLC v. E.A., Fayette County, February 2012. Voluntary dismissal.

108. Capital One Bank (USA), N.A. v. C.J.G, Travis County, February 2012. Voluntary dismissal.

109. Midland Funding, LLC assignee of Citibank v. E.A., Fayette County, February 2012.  Voluntary dismissal.

110. Capital One Bank (USA), N.A. v. B.A.H., Travis County, March 2012. Voluntary dismissal.

111. Equable Ascent Financial v. B.S., Travis County, March 2012. Voluntary dismissal.

112. Palisades Collection, LLC, Assignee of Chase/Washington Mutual, Travis County, March 2012. Voluntary dismissal.

113. American Express Bank, FSB v. A.B., Williamson County, April 2012. Our motion to transfer venue was granted, followed by voluntary dismissal.

114. Equable Ascent Financial v. B.R, Travis County, April 2012. Voluntary dismissal.

115. CACH, LLC v. K.S., Travis County, April 2012. Voluntary dismissal.

116. Equable Ascent Financial, LLC v. S.P, Williamson County, April 2012. Plaintiff’s motion for summary judgment denied, followed by voluntary dismissal.

117. CACH, LLC v. C.J., Williamson County, April 2012. Voluntary dismissal.

118. Capital One Bank (USA), N.A. v. C.G., Travis County, May 2012. Voluntary dismissal.

119. Midland Funding v. T.W., Travis County, May 2012. Court granted our plea to the jurisdiction.

120. FIA Card Services, N.A. v. J.H.S., Travis County, May 2012. Voluntary dismissal.

121. Troy Capital LLC Assignee of Chase Bank USA, N.A. v. L.D.W., Williamson County, May 2012. Voluntary dismissal.

122. Citibank (South Dakota) N.A. v. A.F., Travis County, June 2012.  Voluntary dismissal.

123. Global Acceptance Credit Company, L.P. v. R.S, Travis County, June 2012. Voluntary dismissal.

124.  Troy Capital, LLC, Assignee of Chase Bank USA v. R.D., Travis County, June 2012. Voluntary dismissal.

125. Capital One Bank (USA), N.A. v. C.M., Travis County, June 2012. Voluntary dismissal.

126. Capital One Bank (USA), N.A. v. T.J.R., Travis County, July 2012. Voluntary dismissal.

127. Equable Ascent Financial v. C.H., Travis County, August 2012.  Volntary mutual dismissal with prejudice.

128. LVNV Funding, LLC Assignee of HSBC Bank Nevada National v. P.O., Williamson County, August 2012.  Voluntary dismissal.

129.  American Express Bank, FSB v. R.M., Bexar County, August 2012.  Voluntary dismissal.

130. Midland Funding, LLC v. P.G., Travis County, September 2012.  Voluntary dismissal with prejudice.

131. Target National Bank v. R.M.F., Hays County, September 2012.  Voluntary dismissal.

132. Main Street Acquisition Corp., v. C.J.G., Travis County, September 2012.  Mutual dismissal with prejudice.

133. Capital One Bank (USA), N.A. v. G.Q.P., Williamson County, September 2012. Voluntary dismissal.

134.  Citibank v. S.J.P., Williamson County, October 2012.  Voluntary dismissal.

135.  Capital One Bank v. A.C., Travis County, October 2012.  Voluntary dismissal.

136. Midland Funding LLC v. A.C., Travis County, October 2012.  Plea to the Jurisdiction granted, case dismissed.

137. Asset Acceptance v. J.C.M., Travis County, October 2012.  Voluntary dismissal.

138. Capital One Bank (USA), N.A., Williamson County, November 2012.  Voluntary dismissal.

139. CACH, LLC v. S.J, Travis County, November 2012.  Voluntary dismissal.

140. Palisades Collection, LLC v. P.O., Williamson County, December 2012.  Voluntary dismissal.

141. Gotham Collection Services v. J.S., Hays County, December 2012.  Voluntary dismissal.

142.  Midland Funding, LLC v. P.A.., Williamson County, December 2012.  Motion to dismiss granted.

143.  Discover Bank v. B.R., Travis County, January 2013.  Trial.  The court granted our motion for directed verdict, verdict for defendant.  Discover Bank had not complied with the rules of discovery and their evidence was insufficient as a matter of law.  Although they had about four years of credit card statements, the first year of statements were missing and so there was no evidence as to how the previous balance had been incurred.  The only evidence of any use of the card by defendant were two isolated charges for a total of about $150 and monthly payments around the minimum amount.  None of this proves that a prior carried over balance was due.  While this kind of evidence may prove their was an account, it does not prove how much debt is owed, if any.  Discover Bank then filed an appeal.  I informed them that I would seek sanctions against them for the filing of a frivolous appeal.  Discover  Bank then dismissed the appeal.  We are still pursuing the sanctions.

144.  Pharia, LLC v. H.N, Travis County, January 2013.  By agreement, the court granted our bill of review, vacated the default judgment against defendant, and dismissed all claims.  The client first came to see me after a default judgment had been granted and the plaintiff had started conducting post judgment discovery.  The deadline for appeal had passed and the judgment had become final, so a bill of review was the only remedy.  Fortunately, I was able to show that the default judgment had been taken without due process.

145.  Midland v. H.N, Travis County, January 2013.  Voluntary dismissal.

146. VSM Financial, LLC v. J.N., Travis County, January 2013.  Voluntary dismissal.

147.  Chase Bank v. C.R., January 2013.  This was pre-lawsuit representation on a $29,287 claim.  Chase Bank decided to forgive the debt rather than pursue the claim.  Forgiven debt is considered by the IRS to be taxable income, but only to the extent that the debtor is solvent.  This client is not likely to incur any tax liability.

148.  Midland Funding, LLC v. A.F., Travis County, January 2013.  Voluntary dismissal.

149. Midland Funding, LLC v. P.K., Harris County, February 2013.  Voluntary dismissal.  Our motion to overrule Midland Funding’s discovery objections and compel further responses was granted.  They preferred to dismiss their case rather than produce the true, correct and complete copies of their bill of sale and account purchase agreement.

150.  Troy Capital LLC Assisgnee of Chase Bank USA, N.A. v. B.W., February 2013, Travis County.  Voluntary dismissal after we filed a motion to compel further discovery responses.

151.  Asset Acceptance v. T.B., Travis County, February 2013.  Voluntary dismissal after I threatened to seek sanctions for their filing of a fraudulent affidavit.

152.  Discover v. R.F., Williamson County, February 2013.  Motion to Dismiss granted.

153.  CACH, LLC  v. D.B., Travis County, February 2013.  Mutual dismissal with prejudice.

154.  CACH, LLC  v. C.L.W., Travis County, March 2013.  Voluntary dismissal.

155.  Dokeka v. M.J, Travis County, March 2013.  Mutual voluntary dismissal with prejudice.

156.  Capital One Bank (USA) N.A., v. T.S., Williamson County, March 2013.  Bench trial, judgment for the defendant, case dismissed.

157. Portfolio Recovery Associates LLC v. C.P., Travis County, March 2013.  Voluntary dismissal.

158. Midland Funding v. B.B., Travis County, April 2013.  Plea to the Jurisdiction granted, case dismissed.

159.  Portfolio Recovery Associates LLC Assignee of HSBC Bank Nevada, N.A. v. C.S. and S.C., Travis County, April 2013.  Voluntary dismissal.

160. Midland Funding v. K.M, Hays County, May 2013.  Case dismissed.

161.  Midland Funding v. J.P., Williamson County, May 2013.  Voluntary dismissal.

162.  Midland Funding v. S.G, Travis County, May 2013.  Plea to the Jurisdiction granted, case dismissed.

163.  Capital One Bank (USA) v. TAW, Lee County, May 2013.  Voluntary dismissal with prejudice.

164.  Midland Funding, LLC v. P.M, Williamson County, June 2013.  Voluntary dismissal after the court granted our motion to compel and awarded us attorney fees.

165.  Gotham Collection Services Corporation v. S.L.T., Travis County, June 2013.  Voluntary dismissal.

166. Capital One Bank (USA) N.A. v. J.S.G., Travis County, June 2013.  Trial, case dismissed.

167.  CACH, LLC v. B.L.W. and M.E.W, Williamson County, July 2013.  Voluntary dismissal.

168.  LVNV, LLC v. J.G, Williamson County, July 2013.  Court granted our plea to the jurisdiction and dismissed the case.

169.  Pharia v. W.N., Bastrop County, August 2013.  Mutual dismissal with prejudice.

170.  TD Bank USA, N.A. as successor in interest to Target National Bank v. K.S.S., Travis County, September 2013.  Voluntary dismissal.

171.  Midland Funding, LLC v. M.G., Travis County, October 2013.  Voluntary dismissal after the court granted my motion to compel, denied their motions, and awarded me $1,925 in attorney fees, paid by Midland Funding.

172.  CACH, LLC v. T.Z., Williamson County, October 2013.  Plea to the jurisdiction granted, case dismissed.

173.  Asset Acceptance v. B.P., Travis County, November 2013.  Dismissal for want of prosecution.

174.  Midland Funding, LLC v. J.T., Travis County, November 2013.  Midland voluntarily dismissed their case in an attempt to avoid a motion for sanctions for discovery abuse.  Contrary to Midland’s position, the court still retained jurisdiction to consider our motion for sanctions.  Midland then tried to reinstated their case after having dismissed it.  The court awarded us $500 in attorney fees and would not allow Midland to reinstate its case.  Case dismissed, judgment for defendant in the amount of $500.

175.  LVNV Funding LLC v. LAP, Travis County, December 2013.  Voluntary nonsuit.

176.  Integras Capital Recovery LLC Assignee of First National Bank of Omaha v. S.P., Williamson County, December 2013.  Voluntary dismissal.

177.  Integras Capital Recovery LLC v. M.N., Travis County, January 2014.  Dismissed for want of prosecution.

178.  Portfolio Recovery Associates, LLC Assignee of Wells Fargo Bank, N.A., v. J.P. Travis County, January 2014.  Voluntary dismissal.

179.  Capitol One Bank (USA) N.A., v. B.R., Travis County, January 2014.  Plaintiff voluntarily dismissed its case during trial when it became apparent the judge was going to rule against them.

180.  LVNV Funding v. J.R., Travis County, January 2014.  Mutual dismissal and release of judgment filed with county clerk after we filed a bill of review.

181.  Dodeka v. T.B., Travis County, February 2014.  Mutual dismissal with prejudice.

182.  Midland Funding, LLC v. W.R., Williamson County, February 2014.  Court granted our motion to dismiss.

183.  Portfolio Recovery Associates, LLC Assignee of HSBC v. W.J.M., McLennan County, February 2014.  Dismissed for lack of prosecution.  Plaintiff set the case for trial, didn’t bother to inform us, but then didn’t show up for their own trial.  Plaintiff has filed a frivolous motion to reinstate.

184.  Portfolio Recovery Associates, LLC v. J.L.G., Travis County, February 2014.  Plaintiff voluntarily dismissed on the eve of the hearing on our motion to compel further discovery responses.

185.  Equable Ascent Financial, LLC Assignee of Chase v. Y.M.M., Travis County, March 2014.  Court granted our no evidence motion for summary judgment.

186.  Equable Ascent Financial, LLC , f/k/a Hilco Receivables, LLC v. T.T.B., Travis County, March 2014.  Court granted our no evidence motion for summary judgment.

187.  Equable Ascent Financial, LLC v. P.J., Travis County, March 2014.  Plaintiff voluntarily dismissed after we filed a motion for no evidence summary judgment.

188.  Asset Acceptance, LLC v. J.W., Travis County, March 2014.  Our motion for no-evidence summary judgment was granted, case dismissed with prejudice.

189.  Portfolio Recovery Associates, LLC v. J.P., Travis County, April 2, 2014.  April 2, 2014.  The Travis County Court at Law granted our no evidence motion for summary judgment against one of the nation’s largest and most aggressive collector’s of consumer junk debt, Portfolio Recovery Associates, LLC.  Previously in the same case, Portfolio and its lawyers, Anh Regent and J. David Roberson of Regent & Associates were sanctioned by the court for discovery violations and the court found they had engaged in discovery abuse and ordered them to pay defendant a total of $3,643 in attorney fees and turn over their purchase agreement, which reveals that when the banks sell the debt, they sell it “as is” and disclaim all warranties as to the accounts.  Meaning that when the debt collectors go into court claiming they can prove up the bank’s records because they “rely” upon the accuracy of those records when they buy the accounts, that’s a lie.  The disclaimers destroy any basis for them to claim they reasonably relied upon the bank’s record keeping.

190.  Portfolio Recovery Associates, LLC v. W.R., Williamson County, April 3, 2014.  Our no evidence motion for summary judgment was granted right before the start of trial.   Case dismissed with prejudice.  Portfolio Recovery Associates had no evidence that it reasonably relied upon the accuracy of the records of the original creditor when it supposedly purchased the debt and no evidence that it had verified the accuracy of the original creditor’s records.  One or the other of these were the requirements according to the legal authorities Portfolio was relying upon for their business records exception to the hearsay rule.  Not having any live witness or custodian of records from the original creditor, its own employee who had flown in from San Diego was thus unqualified to testify to prove up the business records of the original creditor.  Plaintiff’s attorney’s supposed billing records provided to us that morning showed they claimed about 100 hours in attorney fees on this case, much of it for their travel time from Houston, which is not recoverable.  Had they won, they would not have been entitled to recover from the defendant their attorney fees for their travel time because it is neither reasonable or necessary for Portfolio Recovery Associates to use these lawyers from Houston when there are competent and capable attorneys available in Williamson County.   If they want to use those Houston lawyers, that’s their choice, but they can’t ask that the cost of their travel time be shifted to the other side in the event they win.   And it is not as though Portfolio Recovery Associates ever agreed to pay them for that travel time.  The fee agreement doesn’t say that at all.  This is just another violation of the FDCPA, this time attempting to collect fees that they are not entitled to recover under law.  In any event, in this case, Portfolio’s attorneys have had to pay some of the defendant attorney fees as a sanction for discovery abuse and will now have to pay court costs as well for the transcripts from two of the hearings in this case.  There were a total of five hearings in this case!  Their attorney fee agreement was interesting as well.  Regent & Associates was working for a 23.75% contingency fee.

191.  CACH, LLC v. R.J.J., Medina County (April 2014).  Voluntary dismissal.

192.  Citibank v. D.W., Williamson County (April 2014).  Involuntary dismissal for lack of prosecution (DWOP).

193.  Midland Funding, LLC v. A.S., Williamson County (April 2014).  Involuntary dismissal for lack of prosecution (DWOP).

194.  Midland Funding, LLC v. P.A., Williamson County (April 2014).  Voluntary dismissal.

195.  Portfolio Recovery Associates, LLC v. D.L.S., Williamson County (April 2014).  Voluntary dismissal in open court at the time of the hearing on our no evidence motion for summary judgment.

196.  Asset Acceptance, LLC v. A.A., Travis County (April 2014).  Our no-evidence motion for summary judgment was granted, case dismissed with prejudice.

197.  Asset Acceptance, LLC v. L.H., Travis County (April 2014).  Our no-evidence motion for summary judgment was granted, case dismissed with prejudice.

198.  Portfolio Recovery Associates, LLC v. W.M., McLennan County (April 2014).  Regent & Associates, the lawyers for Portfolio Recovery Associates, set the case for trial without providing us with any notice that it had been set for trial, which is a serious violation of the rules of civil procedure.  Portfolio Recovery Associates then failed to show up for the trial themselves, and the court properly dismissed the case.  That same day, Regent & Associates filed a motion to compel discovery responses, without the required certificate of conference.  They had written us giving seven days to respond to their (unfounded) complaints about our responses and objections, but without waiting for us to respond, on the third day, they filed their motion to compel – on the day of trial.  Then they filed a motion to reinstate, making vague claims that they did not show up for trial due to some staff turnover, and they set it for hearing on a day they already knew we were set for a hearing against them at the same time in a different case and a different county, and they refused to change the date.  We had to file a motion for continuance, which the court granted without the necessity of a hearing, being so obviously proper.  We made repeated requests for proof from Regent & Associates that they had served us with the trial notice, but they ignored these requests.  The only conclusion one can draw from their refusal to provide us with proof that they had served us was that they had not served us.   At the hearing on the motion to reinstate, they sent a local lawyer they had just hired that morning.  He was a very professional young lawyer but he had no personal knowledge of the facts and could therefore could not testify, and unlike some of the local lawyers they hire, did not try to use his lack of knowledge as an excuse to start making up facts and then claiming, when proven wrong, that it was okay for him to make stuff up because he just got hired.  Many of the local lawyers they will hire the day before a hearing attempt to do that very thing, but this young lawyer was honorable and played by the rules.  I doubt they will hire him again for that reason.  The plaintiff’s motion to reinstate had to prove two things: (1) good cause; and (2) lack of prejudice.  The motion had only vague conclusions about good cause and no facts; and was silent on lack of prejudice.  So the court denied the motion to reinstate.  The judge indicated he was disappointed that Regent & Associates did not show up, apparently he has never seen them, they always use local counsel.  But they have been showing up for my cases in Williamson and Travis Counties.  They’ve been on a real mission.  And the outcome is still the same.  Case dismissed.

199.  CACH, LLC v. J.D.S., Travis County, May 2014.  Case voluntarily dismissed.

200.  Midland Funding, LLC. v. S.P., Travis County, May 2014.  Case voluntarily dismissed.

201.  Portfolio Recovery Associates, LLC Assignee of GE Capital Bank v. D.D., Travis County, June 2014.  Voluntary dismissal.

202.  Portfolio Recovery Associates, LLC Assignee of FIA Card Services, N.A. (MBNA) v. D.C.G. (#3269) Travis County, June 2014.  Voluntary dismissal.

203.  Portfolio Recovery Associates, LLC Assignee of FIA Card Services, N.A. (MBNA) v. D.C.G. (#2874) Travis County, June 2014.  Voluntary dismissal.

204.  Midland Funding, LLC v. C.S., Travis County, July 2014.  Voluntary dismissal.

205.  Midland Funding, LLC v. Z.P., Travis County, July 2014.  Voluntary dismissal.

206.  Portfolio Recovery Associates LLC Assignee of General Electric Capital Assignee of GE Capital Retail Bank (Ultimate Electronics) v. W.N., Bastrop County, July 2014.  Voluntary dismissal.

207.  Midland Funding, LLC v. C.L., Williamson County, July 2014.  Voluntary dismissal.

208.  Discover Bank v. J.R.C., Williamson County, August 2014.  Voluntary dismissal.

209.  Portfolio Recovery Associates, LLC v. A.Y., Travis County, August 2014.  Voluntary dismissal.

210.  Midland Funding, LLC v. K.R., Travis County, August 2014.  Voluntary dismissal.

211.  Asset Acceptance v. M.J.T., Travis County, September , 2014.  Voluntary dismissal.

212.  Midland Funding, LLC v. V.P., Travis County, September, 2014.  Voluntary dismissal.

213.  LVNV, LLC v. L.S., Travis County, September 2014.  Voluntary dismissal.

214.  CACH, LLC v. R.L., Travis County, September 2014.  Voluntary dismissal.

215. CACH, LLC  v. C.K., Travis County, October 2014. Voluntary dismissal.

216. CACH, LLC v. G.W, Travis County, October 2014.  Voluntary dismissal.

217. Midland Funding, LLC v. J.E., Travis County, October 2014.  Voluntary dismissal.

218. Portfolio Recovery Associates assignee of G.E. Capital  v. C.S., Travis County, October 2014. Voluntary dismissal.

219. Midland Funding, LLC v. R.F., Hays County, October 2014, agreed mutual dismissal with prejudice.

220. Portfolio Recovery Associates, LLC v. B.R., Travis County, October 2014.  Voluntary dismissal.

221. Cavalry SPV 1, LLC v. S.K, Williamson County, October 2014. Voluntary dismissal.

222. CACH, LLC v. C.R., Travis County, October 2014.  Voluntary dismissal.

223. Integras Capital Recovery, LLC  v. A.G., Travis County, October 2014. Voluntary dismissal.

224. Midland Funding, LLC v. V.J., Travis County, November 2014. Voluntary dismissal.

225. Midland Funding, LLC v. G.M., Travis County, November 2014. Voluntary dismissal plus Midland Funding, LLC’s payment of attorney fees, ordered by court after finding of discovery abuse committed by Midland Funding, LLC.

226. Portfolio Recovery Associates, LLC v. R.R., Travis County, November 2014.  Voluntary dismissal.

227. Midland Funding, LLC v. M.F., Travis County, November 2014. Voluntary dismissal.

228. Midland Funding, LLC v. K.S., Travis County, November 2014.  Voluntary dismissal.

229. Security Credit Services v. D.Y., Travis County, December 2014. Voluntary dismissal.

230. Crown Asset Management v. J.M., Travis County, December 2014. Voluntary dismissal.

231. CACH, LLC v. S.T., Travis County, December 2014.  No evidence summary judgment in favor of defendant.

232. Midland Funding, LLC v. C.S., Travis County, December 2014. Voluntary dismissal.

233. CACH, LLC v. B.A., Travis County, December 2014. Voluntary dismissal.

234. Porfolio Recovery Associates, LLC v. M.D., Williamson County, December 2014.  Mutual dismissal with prejudice.

235. Pharia, LLC v. L.B., Travis County, December 2014.  Mutual dismissal with prejudice.

236. Midland Funding, LLC v. A.S., Williamson County, January 2015. Voluntary dismissal.

237. CACH, LLC v. E.C., Hays County, January 2015. Voluntary dismissal.

238. Midland Funding v. A.S., Williamson County, January 2015.  Voluntary dismissal.

239. Midland Funding, LLC v. C.H., Williamson County, February 2015. Voluntary dismissal.

240. LVNV Funding, LLC v. J.A., Williamson County, February 2015. Voluntary dismissal.

244. Midland Funding, LLC v. J.M., Travis County, February 2015.  Mutual dismissal with prejudice.

241. CACH, LLC v. T.B., Dallas County, March 2015. Voluntary dismissal.

242. Portfolio Recovery Associates, LLC v. B.L. Travis County, April 2015. Plea to the jurisdiction granted, dismissed.

243.  American Express Centurion Bank v. K.G., Travis County, June 2015.  Voluntary dismissal.