Updates

Travis County Court at Law grants motion for protective order against Portfolio Recovery Associates

The Travis County Court at Law granted our motion for protective order against Portfolio Recovery Associates, found that they had committed discovery abuse, and ordered them to pay $825 in attorney fees.  Same case they got sanctioned in two weeks earlier.  They never learn. I wonder if their client even knows what their lawyers, Regents & Associates, are doing in their …

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Travis County Court at Law grants discovery motion against Portfolio Recovery Associates

The Travis County Court at Law granted our discovery motion against Portfolio Recovery Associates, ordering them to answer all of our discovery, turn over all their documents, including their purchase agreement, overruling their objections, and awarding $2,818.75 in attorney fees to us.  Portfolio Recovery Associates has 15 days to comply. They should have just dropped the case, but I’ve heard …

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Updates on Midland Funding, LLC judge rules against reinstatement

The Travis County Justice of the Peace Precinct 3 awarded us $500 in attorneys fees as a discovery sanction against Midland Funding and denied their attempt to reinstate their case. Midland Funding consistently gives evasive discovery responses, raises inapplicable and frivolous objections, and withholds clearly relevant and discoverable documents and information.  Midland Funding then ignores our attempts to meet and confer on the …

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Discovery abuse sanctions upheld against Foodservice, Inc.

Travis County Court at Law upheld the discovery sanctions I’d previously obtained against U.S. Foodservice, Inc. in a trial in the justice court.  In fact, the county court at law almost doubled the amount of the sanction.  The sanction is for discovery abuse. U.S. Foodservice, Inc. was required by law to disclose the existence of a prior settlement with another …

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Debt collector Dodeka, LLC attempts violation of Texas Property Code

Caught debt collector Dodeka, LLC trying to get a writ of execution served on a homestead.  That violates the Texas Constitution and the Texas Property Code.  It’s a big no no.  In Texas, a man’s home is his castle.  The homestead is sacred.  A general, unsecured creditor cannot satisfy a default judgment against someone’s home.  What is their explanation for …

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Sanction against debt collector Midland Funding, LLC

A Travis County court awarded me a total of $1,925 in attorneys fees as a sanction against debt collector Midland Funding, LLC for abusing the discovery process.  The judge stated she was “disappointed” with Midland that they had not complied with her previous order on the matter. Midland Funding has paid me the fees, and has dismissed their case. They would rather …

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A kind review by a client

“I was being sued, time was running out, I was upset, confused, lost. I called 4 other law firms I found on Google. One had a person making appts only despite my short time and request to speak to an attorney now.  Two had message machines and I wasn’t sure they were even local despite the ad, the 3rd was …

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A very kind thank you email from a fellow attorney I helped out with some advice on dealing with the debt purchaser scoundrels

“Dear Andy, I wanted to take a moment to thank you so much, for all the time you spent mentoring me on the LVNV issue.  I know how extremely busy you are, and appreciate your spending time with me, helping me to be a better lawyer in these types of cases. In today’s “dog eat dog” world, it’s rather rare …

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Check out the kind review from a satisfied client

She wrote: “I can’t recommend Andy Simmons highly enough. He helped me when I was sued by a credit card company. He was kind and patient when I was going through a tough time and he got the case dismissed with surprising speed. His fee was extremely reasonable. He made me feel like a friend, rather than a paycheck. It’s …

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Lately, a lot of people have discovered that a debt collector took a judgment against them in a lawsuit they never even knew about it

That’s not fair, it’s a violation of due process. By the time they discover this, it is usually too late to file an appeal, but it may still be possible to challenge it with a legal action called a bill of review. I’m handling a number of these bills of review at the moment. Meanwhile, if the reason you discovered …

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