Weinstein & Riley P.S. debt collection suits

DEBT COLLECTORS WHO-IS-WHO

Dec. 2013 UPDATE: It appears this lawfirm was reorganized: Weinstein Pinson & Riley, PLLC is now listed as the lawfirm affiliation of Josh Harrison, one of the attorneys that handles debt collection suits in Texas.

WEINSTEIN & RILEY, P.S. 

WEINSTEIN & RILEY, P.S. is a debt collection law firm based in Seattle, Washington, that files and litigates debt collection suits for Discover Bank through attorneys licensed in Texas: Josh Harrison (taking over from Jason D. Alexander) and Cody Moorse. Weinstein attorneys have also handled litigation on behalf of Dodeka, LLL, a debt buyer, in Texas. 

PLEADINGS AND DISCOVERY 

A typical petition filed by Weinstein attorneys is five pages long, invokes two theories of recovery - breach of contract and account stated, which are denominated "Count 1" and "Count 2", respectively -- and seeks attorney's fees in addition to the amount alleged to be owed on the card. 

The pleading includes a battery of requests for admissions as one of the numbered paragraphs, although this is not proper pleading practice under the rule the governs discovery. A typical petition filed by attorneys of the law firm of Weinstein & Riley does not have any attachments.  

MOTIONS FOR SUMMARY JUDGMENT

A typical motion for traditional summary judgment is based on breach of contract, and contains section citing cases on the various elements of breach of contract under Texas law and cases supporting the viability of that theory without a signed (executed) contract for purposes of collection of a debt involving a credit card account. The evidence offered in support of the motion consists of an affidavit signed by a representative of the plaintiff (or, in the case of Discover Bank, a representative of its servicer); the underlying credit card agreement (or what is being represented to constitute the applicable contract); a series of account statements; and sometimes a copy of an application for credit or "acceptance form" (which is not always legible). 

Summary judgment motions on behalf of Discover Bank often have numerous statements attached, covering the time span of several years. The affidavit typically does to contain any information or specifics regarding the contract and contract-formation. A version of a cardmember agreement from Discover Bank (or from the original credit in a debt buyer suit) is simply included among the other exhibits.

ATTORNEY FEES AFFIDAVITS

Weinstein's attorneys typically testify in their fee affidavits that $400 is a reasonable fee in the debt collection suit, regardless of whether suit is brought on behalf of an original creditor (Discover Bank) or a debt buyer (e.g. DODEKA, LLC). See  --> Sample fee affidavit in Discover Bank suit; Sample fee affidavit in Pharia suit

WEINSTEIN ATTORNEYS' ADDRESS IN TEXAS

Josh Harrison

Cody Moorse

WEINSTEIN & RILEY, P.S.

701 Highlander Blvd., Suite 270

Arlington, TX 76015

Tel.: (817) 622-9010

Josh Allen Harrison
Bar Card Number: 24071819
Work Address:

Josh Harrison's Texas Bar Number is 24071819. He previously practiced in California and obtained his Texas law license in April 2010. The address on his SBOT profile has a different suite number:

701 Highlander Blvd., Ste. 200 
Arlington, TX 76015
Work Phone Number: 817-821-4872

                                    

WEINSTEIN AND RILEY LAW OFFICE ADDRESS IN WASHINGTON STATE 

Discover Bank's pleadings filed through Weinstein in Texas course contain a disclosure of Discover Bank's address (for law suit purposes) as follows:

            c/o Weinstein & Riley, P.S.

            2001 Western Avenue, Suite 400

            Seattle, WA 98121

JOSH HARRISON AND CODY MOORSE ADDRESS BLOCK FROM PLEADING