Existing blog posts are hot-linked; planned topics in debt collection for future post do not have hyperlinks.
A counterclaim is a claim for affirmative relief asserted by the defendant, which makes the defendant a plaintiff in the pending lawsuit (counter-plaintiff). Some statutory claims available to consumers may also be brought in a separate lawsuit, such as a claim based on a violation of the FDCPA or the TDCA.
DEBT LAW SUITS: THE PROCEDURAL
DIMENSION
Alternative Forms of Service (Substituted Service)
Answering a debt collection suit: Pro se answer, general denial, and affirmative defenses
Answering a debt collection suit: Pro se answer, general denial, and affirmative defenses
Self-representation vs. Defense by Attorney
Default Judgment: no-answer and post- answer | Creditor's Motion for Default Judgment |
Attacking a Default Judgment
CASE: Default Judgment in Credit Card Debt Suit Reversed: Gattenby v. TIB (Tex.App.- Dallas 2019)
Attacking a Default Judgment
CASE: Default Judgment in Credit Card Debt Suit Reversed: Gattenby v. TIB (Tex.App.- Dallas 2019)
Deemed Admissions
CASE: Michael LaBeau v. GE Capital Retail Bank fka GE Money Bank (case decided on deemed admissions)
Responding to a claim that deemed admissions exist
CASE: Michael LaBeau v. GE Capital Retail Bank fka GE Money Bank (case decided on deemed admissions)
Responding to a claim that deemed admissions exist
Discovery (evidence collection mechanisms) in Debt Suits
Motions for Summary Judgment by the Plaintiff (PMSJ)
Summary Judgment Affidavits
Business Records Affidavit (BRA)
Summary Judgment Affidavits
Business Records Affidavit (BRA)
Documentary Exhibits:
Cardmember Agreement (CMA), Account Statements, Bill of Sale
Documentary Exhibit: Change-in-terms notices, evidence of interest rates and changes over time
No evidence of contractual authorization of interest rates
Deemed admissions used to support summary judgment motion
Bank documents in Spanish or other foreign language and translation
Responses to Summary Judgment Motions by the Defendant
Documentary Exhibit: Change-in-terms notices, evidence of interest rates and changes over time
No evidence of contractual authorization of interest rates
Deemed admissions used to support summary judgment motion
Bank documents in Spanish or other foreign language and translation
Responses to Summary Judgment Motions by the Defendant
Summary Judgment Affidavit by Defendant in debt suit
Use of plaintiff's judicial admissions or contradictions in movant's summary judgment evidence
Evidentiary objections: conclusoriness, no personal knowledge, equivocal averments, lack of
qualification to testify as fact witness; failure to lay predicate for admission of business records
Motion for Summary Judgment by the Defendant (DMSJ)
No-evidence motion by consumer or cross-motion on no-evidence grounds
Defendant's motion for summary judgment on affirmative defense, such as statute of limitations
Motion to compel arbitration (similar to MSJ, but not seeking judicial resolution of the case.
Use of plaintiff's judicial admissions or contradictions in movant's summary judgment evidence
Evidentiary objections: conclusoriness, no personal knowledge, equivocal averments, lack of
qualification to testify as fact witness; failure to lay predicate for admission of business records
Motion for Summary Judgment by the Defendant (DMSJ)
No-evidence motion by consumer or cross-motion on no-evidence grounds
Defendant's motion for summary judgment on affirmative defense, such as statute of limitations
Motion to compel arbitration (similar to MSJ, but not seeking judicial resolution of the case.
Bench Trial
Evidentiary
standard; summary judgment and trial compared and contrasted
Live witness testimony: Plaintiff's affiant (corporate representative or custodian of records)
Testimony by the defendant under oath
Testimony by the defendant under oath
Business Records filed under Business Records Affidavit
Foreign Language Documents as trial exhibits (typically in Spanish though even that is rare)
Foreign Language Documents as trial exhibits (typically in Spanish though even that is rare)
Trial Exhibits
Judicial Admissions and Stipulations
Evidentiary Objections
Objection to undisclosed witness and evidence under the automatic exclusion rule
Objection to undisclosed witness and evidence under the automatic exclusion rule
Preservation of Error for Appeal
Postjudgment Motions: Motion for New Trial (MNT or MFNT); Other post-judgment motions
Motion to Set Aside or Vacate Default Judgment
Motion to Alter or Modify the Judgment
Motion to Set Aside or Vacate Default Judgment
Motion to Alter or Modify the Judgment
Appeals from Summary Judgment
Appeal from Final Judgment after Bench Trial (are typically no jury trials in debt suits)
Restricted Appeal within 6 months of the judgment (not available if new trial motion was filed)
Interlocutory appeals (from orders that are not case-dispositive)
Sample Texas Appellate Briefs in Consumer Debt Cases (templates)
Restricted Appeal within 6 months of the judgment (not available if new trial motion was filed)
Interlocutory appeals (from orders that are not case-dispositive)
Sample Texas Appellate Briefs in Consumer Debt Cases (templates)
Bill of Review action to challenge a default judgment that can no longer be appealed
Common Errors in Appeals Including Failure to Preserve Error in the Trial Court
Dismissal of appeals for various reasons: Untimely Notice of Appeal and jurisdictional dismissal
Common Errors in Appeals Including Failure to Preserve Error in the Trial Court
Dismissal of appeals for various reasons: Untimely Notice of Appeal and jurisdictional dismissal
Appellate Dispositions: Reversal, Reverse and Render, Partial Reversal, Judgment Affirmed, Reformation
Appellate Decisions and Opinions Involving Credit Card Debt Suits: Overview
Supporting Authority: Helpful cites to opinions and precedents from the courts of appeals
Tully v. Citibank (South Dakota) N.A.: Sworn account and quantum meruit not viable in lawsuit to collect credit card debt; creditor must prove agreement on interest rate terms.
Williams v. Unifund: Proof requirements for credit card breach of contract claim
Caveat Debtor: Unfavorable cases for consumers; how to learn from them; and commentary
LaBeau v. GE Retail Bank fka GEMB (deemed admissions, no representation by family member)
Appellate Decisions and Opinions Involving Credit Card Debt Suits: Overview
Supporting Authority: Helpful cites to opinions and precedents from the courts of appeals
Tully v. Citibank (South Dakota) N.A.: Sworn account and quantum meruit not viable in lawsuit to collect credit card debt; creditor must prove agreement on interest rate terms.
Williams v. Unifund: Proof requirements for credit card breach of contract claim
Caveat Debtor: Unfavorable cases for consumers; how to learn from them; and commentary
LaBeau v. GE Retail Bank fka GEMB (deemed admissions, no representation by family member)
THE LEGAL BASIS OF DEBT SUITS: CREDITOR
CAUSES OF ACTION
Breach of Contract (Breach of Credit Card Agreement)
Credit card debt claim as breach of contract cause of action: Tully v Citibank
Credit card debt claim as breach of contract cause of action: Tully v Citibank
Express Contract as Bar to Equitable Theories
APPELLATE DECISIONS FAVORABLE TO CONSUMER DEBT DEFENDANTS ON ISSUE OF SUFFICIENCY OF PLAINTIFF'S PROOF
Uribe v. Pharia, LLC, No. 13-13-00551-CV, 2014 WL 3555529 (Tex.App.-Corpus Christi July 17, 2014) (mem. op.) (collecting cases).
OTHER CASES IN WHICH DEFENDANT PREVAILED ON APPEAL
Fort Worth Court of Appeals affirms take-nothing judgment entered against credit card issuer in Bank of America, N.A. v. Lerma No. 02-18-00055-CV (Tex.App.- Fort Worth, Aug. 31, 2018, no pet. h.).
Dallas Court of Appeals reverses default judgment for bank where attorney for credit card defendant filed Craddock motion to have default judgment set aside because bank's collection claim was based on credit card statements issued by a different bank, with no proof of assignment. Gattenby v. TIB-The Independent Bankersbank, No. 05-18-00168-CV (Tex.App. - Dallas Feb. 6, 2019, no. pet) (default judgment for plaintiff reversed and case remanded in appeal from trial court's order denying post-judgment motion).
CONTRACT ISSUES AND REGULATORY ENVIRONMENT
APPELLATE DECISIONS FAVORABLE TO CONSUMER DEBT DEFENDANTS ON ISSUE OF SUFFICIENCY OF PLAINTIFF'S PROOF
Uribe v. Pharia, LLC, No. 13-13-00551-CV, 2014 WL 3555529 (Tex.App.-Corpus Christi July 17, 2014) (mem. op.) (collecting cases).
- Williams v. Unifund CCR Partners Assignee of Citibank, 264 S.W.3d 231, 236 (Tex. App.-Houston [1st Dist.] 2008, no pet.)(holding evidence was insufficient to establish the terms of a valid contract as a matter of law where creditor failed to produce actual credit-card agreement or any other document that established the agreed terms, including the applicable interest rate or method for determining finance charges);
- Tully v. Citibank (S.D.), N.A., 173 S.W.3d 212, 216-17 (Tex. App.-Texarkana 2005, no pet.) (holding evidence insufficient to show interest rate charged was agreed on where the only evidence was the rates specified in monthly statements);
- Hooper v. Generations Community Federal Credit Union, No. 04-12-00080-CV, 2013 WL 2645111, at *3 (Tex. App.-San Antonio June 12, 2013, no pet.) (mem. op.) (reversing judgment for creditor where cardholder agreement was not offered into evidence and there was no evidence establishing debtor's specific obligations under an agreement);
- Colvin v. Tex. Dow Employees Credit Union, No. 01-11-00342-CV, 2012 WL 5544950, at *6 (Tex. App.-Houston [1st Dist.] Nov. 15, 2012, no pet.) (mem. op.) (reversing summary judgment for creditor where creditor failed to offer the original agreement, monthly statements, or other evidence establishing how it calculated its alleged damages);
- Martin v. Federated Capital Corp., No. 01-12-00116-CV, 2012 WL 4857835, at **2-3 (Tex. App.-Houston [1st Dist.] Oct. 11, 2012, no pet.) (mem. op.) (reversing summary judgment for creditor where creditor's evidence failed to explain how it calculated its damages);
- Ayers v. Target National Bank, No. 14-11-00574-CV, 2012 WL 3043043, at **2-4 (Tex. App.-Houston [14th Dist.] July 26, 2012, no pet.) (mem. op.) (reversing summary judgment for creditor where creditor failed to present cardholder agreement and a portion of the form language on the credit-card application was illegible and form language was in Spanish);
- Wande v. Pharia, No. 01-10-00481-CV, 2011 WL 3820774, at *5 (Tex. App.-Houston [1st Dist.] Aug. 25, 2011, no pet.) (mem. op.) (reversing summary judgment for creditor where creditor presented the cardholder agreement but important portions of the agreement were illegible, including a section entitled "Finance Charges," and creditor presented no evidence regarding the calculations it used to arrive at claimed outstanding balance);
- Jaramillo v. Portfolio Acquisitions, LLC, No. 14-08-00939-CV, 2010 WL 1197669, at **5-6 (Tex. App.-Houston [14th Dist.] March 30, 2010, no pet.) (mem. op.) (holding evidence insufficient to establish a valid contract where card member agreement was entered into evidence, but many of its material terms were missing; "This court and its sister court have drawn a distinction between cases where a card member agreement is entered into evidence and where there is no card member agreement.")
Fort Worth Court of Appeals affirms take-nothing judgment entered against credit card issuer in Bank of America, N.A. v. Lerma No. 02-18-00055-CV (Tex.App.- Fort Worth, Aug. 31, 2018, no pet. h.).
Dallas Court of Appeals reverses default judgment for bank where attorney for credit card defendant filed Craddock motion to have default judgment set aside because bank's collection claim was based on credit card statements issued by a different bank, with no proof of assignment. Gattenby v. TIB-The Independent Bankersbank, No. 05-18-00168-CV (Tex.App. - Dallas Feb. 6, 2019, no. pet) (default judgment for plaintiff reversed and case remanded in appeal from trial court's order denying post-judgment motion).
CONTRACT ISSUES AND REGULATORY ENVIRONMENT
Variation in Cardmember Agreements: Form and Content
Contract formation with respect to unsigned form contracts
Contract formation with respect to unsigned form contracts
Usury, National Banking Act, and Federal Preemption --> Madden v Midland Funding case (Can banks bequeath high interest rates they get to charge thanks to federal preemption on loans and credit card accounts to when they sell defaulted accounts to non-bank debt buyers?)
The Truth in Lending Act (TILA)
The Federal Arbitration Act (FAA)
DEFENSES TO DEBT SUITS
The most basic defense against a debt collection law suit is the filing of an answer asserting a GENERAL DENIAL, which will have the effect of precluding summary judgment and putting the plaintiff to its burden of proof, which they will typically try to meet with an affidavit (or several) with documents attached to them. Some collection lawfirms also use requests for admissions to get deemed admissions (when ignored) or express admissions from the defendant (when not denied in written response), which they then use as a substitute for evidence to prove their debt claim, or as additional evidence.
Arbitration
Arbitration
- Arbitration provisions come in different forms
- Arbitration agreement as a defense in a credit card collection suit
- Waiver of the right to arbitrate in credit card suit
- Motion to Compel Arbitration in a credit card debt suit and Motion to Abate Suit
- Motion to Dismiss based on Arbitration Clause vs Motion to Abate
- Interlocutory appeal of order denying arbitration in the trial court
- Judicial confirmation of arbitration award
- Motion or suit to set aside arbitration award
Choice of law and inapplicability of Texas substantive law
Federal Preemption
Limitations under Texas Law (Statute of Limitations)
--> Claim accrual date in a credit card collection case under four-years statute of limitations for debt claims in Texas See blog post commenting on Matkin v. American Express Centurion Bank, No. 05-17-01438-CV (Tex.App. - Dallas, Nov. 7, 2018, no pet.)
Federal Preemption
Limitations under Texas Law (Statute of Limitations)
--> Claim accrual date in a credit card collection case under four-years statute of limitations for debt claims in Texas See blog post commenting on Matkin v. American Express Centurion Bank, No. 05-17-01438-CV (Tex.App. - Dallas, Nov. 7, 2018, no pet.)
Limitations under other
state’s law
Res Judicata
Lack of Capacity
Absence of Standing
Lack of Capacity
Absence of Standing
Accord &
Satisfaction
Prior Breach by
Plaintiff
Unconscionability
Illegality
Estoppel Theories
Usury (excessive, unlawful interest and/or finance charges)
COUNTERCLAIMS & STATUTORY CLAIMS BY DEFENDANTS
A counterclaim is a claim for affirmative relief asserted by the defendant, which makes the defendant a plaintiff in the pending lawsuit (counter-plaintiff). Some statutory claims available to consumers may also be brought in a separate lawsuit, such as a claim based on a violation of the FDCPA or the TDCA.
Fair Debt Collection Practices Act (FDCPA)
Collection lawyers: Are they subject to the FDCPA and can they be sued for violations?
Definition of consumer debt under the FDCPA
Venue violations under the FDCPA: Consumer sued in county in which he does not live
Texas Debt Collection Act (TDCA)
Differences between federal and Texas fair debt collection statutes (FDCPA vs. TDCA)
Enforcement of Consumer Protection Laws by the Texas Attorney General
Collection lawyers: Are they subject to the FDCPA and can they be sued for violations?
Definition of consumer debt under the FDCPA
Venue violations under the FDCPA: Consumer sued in county in which he does not live
Texas Debt Collection Act (TDCA)
Differences between federal and Texas fair debt collection statutes (FDCPA vs. TDCA)
Enforcement of Consumer Protection Laws by the Texas Attorney General
Texas Deceptive Trade Practices Act (DTPA) (tie-in with TDCA)
Declaratory Judgments Act (DJA)
Usury Cause of Action (Texas Finance Code)
Truth in Lending Act (TILA) (recoupment claim)
Usury Cause of Action (Texas Finance Code)
Truth in Lending Act (TILA) (recoupment claim)
Other causes of action
TEXAS DEBT SUIT WHO-IS-WHO
LIST OF ORIGINAL CREDITORS AND PLAINTIFFS IN COLLECTION SUITS
American Express Centurion Bank --> Amex National Bank
American Express Bank, FSB
AMERICAN EXPRESS NATIONAL BANK [new creation, successor to American Express Centurion Bank, as of April 1, 2018]
American Express Travel Related Services Company, Inc. [no longer fling suits]
Bank of America, N.A. [BANA] formerly FIA Card Services N.A., successor by merger of MBNA, Fleet Bank / FleetBoston Financial
Capital One Bank (USA), N.A. aka CAPITAL ONE BANK USA NA
Capital One National Association [CONA]
Chase Bank USA, N.A. [Note: suits filed by various assignees]
Citibank, N.A. [CBNA] formerly Citibank (South Dakota), N.A. [includes Home Depot, Sears, and AT&T credit cards] [Citibank (South Dakota), N.A. merged into Citibank, N.A. effective July 1, 2011]
Compass Bank
Discover Bank [Servicing affiliate is Discover Products, Inc., successor by merger of DB Servicing Corporation; previously DFS Services LLC]
FIA Card Services, N.A. (defunct), now Bank of America, N.A. (BANA)
First National Bank of Omaha
Frost Bank
GE Capital Retail Bank formerly GE Money Bank aka GEMB
HSBC Bank Nevada NA [Note: lawsuits filed by assignees] Portfolio was acquired by Capital One
JPMorgan Chase Bank, N.A. [line of credit and note suits, biz accounts]
Synchronity Bank
Target National Bank aka Target NB formerly Retailers National Bank -- > TD BANK USA NA
TD BANK USA, N.A. (successor in interest to Target NB credit card portfolio, which it bought)
U.S. BANK NATIONAL ASSOCIATION ND
Wells Fargo Bank, N.A. [WFBNA]
OTHER CREDITORS THAT ARE REPEAT LITIGANTS
ALLY FINANCIAL INC
CONN APPLIANCES INC
TEXAS BAY CREDIT UNION
FAILED BANKS OR MERGED INTO OTHER ENTITIES
Associates [merged into Citibank]
AT&T Universal [portfolio acquired by Citibank]
Washington Mutual Bank (WaMu) [failed bank, assets and accounts assumed by Chase Bank USA, N.A. in 2008]
Providian National Bank [accounts acquired by WaMu before it was shut down by bank regulators, see above]
Sears National Bank aka Sears NB [Credit card biz acquired by Citibank, but Sears name retained]
Target National Bank aka Target NB sold its credit card business to TD BANK USA NA
American Express Bank, FSB
AMERICAN EXPRESS NATIONAL BANK [new creation, successor to American Express Centurion Bank, as of April 1, 2018]
American Express Travel Related Services Company, Inc. [no longer fling suits]
Bank of America, N.A. [BANA] formerly FIA Card Services N.A., successor by merger of MBNA, Fleet Bank / FleetBoston Financial
Capital One Bank (USA), N.A. aka CAPITAL ONE BANK USA NA
Capital One National Association [CONA]
Chase Bank USA, N.A. [Note: suits filed by various assignees]
Citibank, N.A. [CBNA] formerly Citibank (South Dakota), N.A. [includes Home Depot, Sears, and AT&T credit cards] [Citibank (South Dakota), N.A. merged into Citibank, N.A. effective July 1, 2011]
Compass Bank
Discover Bank [Servicing affiliate is Discover Products, Inc., successor by merger of DB Servicing Corporation; previously DFS Services LLC]
FIA Card Services, N.A. (defunct), now Bank of America, N.A. (BANA)
First National Bank of Omaha
Frost Bank
GE Capital Retail Bank formerly GE Money Bank aka GEMB
HSBC Bank Nevada NA [Note: lawsuits filed by assignees] Portfolio was acquired by Capital One
JPMorgan Chase Bank, N.A. [line of credit and note suits, biz accounts]
Synchronity Bank
Target National Bank aka Target NB formerly Retailers National Bank -- > TD BANK USA NA
TD BANK USA, N.A. (successor in interest to Target NB credit card portfolio, which it bought)
U.S. BANK NATIONAL ASSOCIATION ND
Wells Fargo Bank, N.A. [WFBNA]
OTHER CREDITORS THAT ARE REPEAT LITIGANTS
ALLY FINANCIAL INC
CONN APPLIANCES INC
FIRST COMMUNITY CREDIT UNION
SANTANDER CONSUMER USA, INC., AN ILLINOIS CORPORATION
SHELL FEDERAL CREDIT UNION
SMART FINANCIAL CREDIT UNION
TEXAS DOW EMPLOYEES CREDIT UNION
TOYOTA MOTOR CREDIT CORPORATION
Associates [merged into Citibank]
AT&T Universal [portfolio acquired by Citibank]
Washington Mutual Bank (WaMu) [failed bank, assets and accounts assumed by Chase Bank USA, N.A. in 2008]
Providian National Bank [accounts acquired by WaMu before it was shut down by bank regulators, see above]
Sears National Bank aka Sears NB [Credit card biz acquired by Citibank, but Sears name retained]
Target National Bank aka Target NB sold its credit card business to TD BANK USA NA
DEBT BUYERS / ASSIGNEES OF CARD
ISSUERS - WHAT DIFFERENCE DOES IT MAKE?
Nonbank plaintiffs suing on credit card and loan accounts they did not originate can be subdivided into several types: those who sue as first assignees of credit card issuers/banks; those who are downstream assignees of debt that was previously sold by the original creditor to another debt buyer, or by the successor of the original creditor that is also a bank and acquired accounts by asset acquisition or merger while the accounts were in good standing. A third class are those that buy up old judgments and seek to enforce them by execution or garnishment of bank accounts. In Texas, judgment are good for at least ten years, which is much longer than the statute of limitations on the underlying debt. In recent years, the statutory judgment interest rates has been 5%, but old judgments often have a much higher rate such that the amounts sought to be collected years down by road by garnishment of bank accounts may be much higher.
The status distinction between issuing banks vs debt buyers as plaintiff is relevant in two major respects: the issue of potential liability under the FDCPA, which does not apply to original creditors; and the issue of availability and admissibility of account documentation. The quality of proof produced by assignees is ordinarily much lower, and they often rely on a representative of their own to lay a predicate for admission of business records from the original creditor, or try to do so. The often do not have access to the applicable credit card agreement and may try for judgment without it, which is normally not a problem in the default judgment context.
PROOF ISSUES IN COLLECTION SUITS BY ASSIGNEES OF ORIGINAL CREDITORS
There is often a serious question as to whether the assignee’s employee who signs an affidavit ("affiant") is qualified as a sponsoring witness with respect to records that were not created by the debt buyer/assignee itself in the course of debt-collection, but by a third entity. This is the so-called third-party records problem. It is a problem for the debt buyers, and - unfortunately - Texas courts of appeals under Republican hegemony have been eager to lower evidentiary standards to help out-of-state vulture funds in their efforts to enrich themselves at the expense of Texans out on their luck by seeking judgments for the full value of charged-off debt that they acquired at pennies on the dollar.
Some such creditor-friendly/debtor-fiendly courts have even judicially "amended" the Texas Rules of Evidence to accomplish that objective while Republicans controlled every single seat on the court (no longer true as of 2019). For an example of how an all-Republican Court created new caselaw and conflict with other courts and existing caselaw, see the First Court of Appeals' opinion in Simien v. Unifund CCR Partners, 321 S.W.3d 235 (Tex. App.-Houston [1st Dist.] 2010, no pet.)(op. on reh'g) (debt buyer's affiant qualified to lay predicate for admission of original creditor's records despite lack of any knowledge of original creditor's business operations and record-keeping), contra Riddle v. Unifund CCR Partners, 298 S.W.3d 780, 783 (Tex. App.-El Paso 2009, no pet.) (affiant employed by subsequent purchaser of account not qualified to testify about records created by prior creditor when affiant testified he had no personal information about how prior creditor obtained or input information). This is how Riddle summarized the existing rule:
ABSOLUTE RESOLUTIONS VII, LLC
ARROW FINANCIAL SERVICES
ASSET ACCEPTANCE, LLC
The status distinction between issuing banks vs debt buyers as plaintiff is relevant in two major respects: the issue of potential liability under the FDCPA, which does not apply to original creditors; and the issue of availability and admissibility of account documentation. The quality of proof produced by assignees is ordinarily much lower, and they often rely on a representative of their own to lay a predicate for admission of business records from the original creditor, or try to do so. The often do not have access to the applicable credit card agreement and may try for judgment without it, which is normally not a problem in the default judgment context.
PROOF ISSUES IN COLLECTION SUITS BY ASSIGNEES OF ORIGINAL CREDITORS
There is often a serious question as to whether the assignee’s employee who signs an affidavit ("affiant") is qualified as a sponsoring witness with respect to records that were not created by the debt buyer/assignee itself in the course of debt-collection, but by a third entity. This is the so-called third-party records problem. It is a problem for the debt buyers, and - unfortunately - Texas courts of appeals under Republican hegemony have been eager to lower evidentiary standards to help out-of-state vulture funds in their efforts to enrich themselves at the expense of Texans out on their luck by seeking judgments for the full value of charged-off debt that they acquired at pennies on the dollar.
Some such creditor-friendly/debtor-fiendly courts have even judicially "amended" the Texas Rules of Evidence to accomplish that objective while Republicans controlled every single seat on the court (no longer true as of 2019). For an example of how an all-Republican Court created new caselaw and conflict with other courts and existing caselaw, see the First Court of Appeals' opinion in Simien v. Unifund CCR Partners, 321 S.W.3d 235 (Tex. App.-Houston [1st Dist.] 2010, no pet.)(op. on reh'g) (debt buyer's affiant qualified to lay predicate for admission of original creditor's records despite lack of any knowledge of original creditor's business operations and record-keeping), contra Riddle v. Unifund CCR Partners, 298 S.W.3d 780, 783 (Tex. App.-El Paso 2009, no pet.) (affiant employed by subsequent purchaser of account not qualified to testify about records created by prior creditor when affiant testified he had no personal information about how prior creditor obtained or input information). This is how Riddle summarized the existing rule:
Rule 803(6) [of the Texas Rules of Evidence] does not require the predicate witness to be the record's creator or have personal knowledge of the content of the record; however, the witness must have personal knowledge of the manner in which the records were prepared. In re K.C.P., 142 S.W.3d 574, 578 (Tex.App.-Texarkana 2004, no pet.). Documents received from another entity are not admissible under Rule 803(6) if the witness is not qualified to testify about the entity's record keeping. See Powell v. Vavro, McDonald, & Assoc., L.L.C., 136 S.W.3d 762, 765 (Tex.App.-Dallas 2004, no pet.) (custodian of records for travel agency was not qualified to testify as to records received from third-party company, showing credits to customers' credit card account).LIST OF NONBANK ENTITIES SUING AS ASSIGNEE AND/OR FILING GARNISHMENTS ON JUDGMENTS
ABSOLUTE RESOLUTIONS VII, LLC
ARROW FINANCIAL SERVICES
ASSET ACCEPTANCE, LLC
BLUEBONNET FINANCIAL ASSETS
CACH, LLC
CACV OF COLORADO LLC
CAVALRY SPV I, LLC, Tulsa, OK 74145 (assignee of Equable)
CACV OF COLORADO LLC
CAVALRY SPV I, LLC, Tulsa, OK 74145 (assignee of Equable)
CARMEL FINANCIAL CORPORATION
CONVERGING CAPITAL LLC
CREDIGY RECEIVABLES INC
CROWN ASSET MANAGEMENT, LLC
CREDIGY RECEIVABLES INC
CROWN ASSET MANAGEMENT, LLC
DODEKA, L.L.C.
EQUABLE ASCENT, LLC
GLOBAL ACCEPTANCE CREDIT COMPANY, L.P.
GREAT SENECA FINANCIAL CORP
INTEGRAS CAPITAL RECOVERY, LLC
INTEGRAS CAPITAL RECOVERY, LLC
INVESTMENT RETRIEVERS, INC
HILCO RECEIVABLES, LLC
JEFFERSON CAPITAL SYSTEMS, LLC
LUTEA, LL
HILCO RECEIVABLES, LLC
JEFFERSON CAPITAL SYSTEMS, LLC
LUTEA, LL
LVNV
FUNDING, LLC
MAIN
STREET ACQUISITION CORP.
MIDLAND
FUNDING, LLC [Midland Credit Management aka MCM is the servicer]
MSM
CAPITAL, LLC
PALISADES
COLLECTION, LLC
PHARIA, LLC
PHARIA, LLC
PORTFOLIO
RECOVERY ASSOCIATES LLC ("PRA")
TROY
CAPITAL LLC
UNIFUND
CCR PARTNERS
VELOCITY INVESTMENTS LLC
VELOCITY INVESTMENTS LLC
VION
HOLDINGS LLC
VSM
FINANCIAL LLC
ZENITH ACQUISITION CORP
LAW FIRMS REPRESENTING
PLAINTIFFS IN DEBT SUITS WHO IS WHO
AND CRITIQUE OF TYPICAL PLEADINGS
Short Name – FIRM NAME – Office Location by City and ZIP Code
ADAMS – MICHAEL J. ADAMS, P.C. – San Antonio, Texas 78230
ADKINS – ALLEN L. ADKINS & ASSOCIATES, P.C. – Lubbock, Texas 79452 now MOSS LAW FIRM, P.C.
BALEKIAN – BALEKIAN HAYES, PLLC – Dallas, Texas 75204
BRACHFIELD – THE BRACHFIELD LAW GROUP, P.C. – Houston, TX
CLARK - Ricky Edward Clark - Houston, Texas
HULL - COUCH, CONVILLE & BLITT, LLC [James Hull used to litigate under name of his own lawfirm]
GABRIELOVA / BRACHFELD – THE BRACHFELD LAW GROUP, P.C. – Houston, Texas 77042
DEGRASSE – DeGRASSE & ROLNICK – Houston, Texas 77057
FULTON – FULTON FRIEDMAN & GULLACE, LLP – Houston, Texas 77002
HULL – HULL & ASSOCIATES, P.C. – Houston, Texas 77036
JAVITCH - JAVITCH, BLOCK & RATHBONE, LLC – Richardson, TX 75080
JENKINS - JENKINS, WAGNON & YOUNG, P.C. – Lubbock, Texas 79408
J&S – JOHNSON & SILVER, LLP – Dallas, Texas 75280
ONWUTEAKA - LAW OFFICE OF JOSEPH ONWUTEAKA, P.C. – Houston, Texas 77074
ORLANDO & BRAUN, L.L.P. – Houston, Texas 77019
MOSS – THE MOSS LAW FIRM, P.C. f/k/a Allen L. Adkins & Associates, P.C. – Lubbock, Texas 79452
NIERMANN – NIERMANN & OLIVO – Carrollton, Texas 75006
ORLANDO & BRAUN, L.L.P. – Houston, Texas
RAUSCH - RAUSCH, STURM, ISRAEL, ENERSON & HORNIK, LLC – Addison, Texas 75001
REGENT – REGENT & ASSOCIATES – Houston, Texas 77057
SCHEINTHAL - SCHEINTHAL & KOUTS, L.L.P. – Houston, Texas 77027
SCOTT - MICHAEL J. SCOTT P.C. – Carrollton, Texas 75011
VINCENT - VINCENT LOPEZ SERAFINO JENEVEIN, P.C. – Dallas, Texas 75201
WEINSTEIN – WEINSTEIN & RILEY, P.S. – Arlington, Texas 76015
WINSTEIN – WEINSTEIN & RILEY, P.S. – Seattle, Washington 98121
ZWICKER – ZWICKER & ASSOCIATES, P.C. – Round Rock, Texas 78681
ADAMS – MICHAEL J. ADAMS, P.C. – San Antonio, Texas 78230
ADKINS – ALLEN L. ADKINS & ASSOCIATES, P.C. – Lubbock, Texas 79452 now MOSS LAW FIRM, P.C.
BALEKIAN – BALEKIAN HAYES, PLLC – Dallas, Texas 75204
BRACHFIELD – THE BRACHFIELD LAW GROUP, P.C. – Houston, TX
CLARK - Ricky Edward Clark - Houston, Texas
HULL - COUCH, CONVILLE & BLITT, LLC [James Hull used to litigate under name of his own lawfirm]
GABRIELOVA / BRACHFELD – THE BRACHFELD LAW GROUP, P.C. – Houston, Texas 77042
DEGRASSE – DeGRASSE & ROLNICK – Houston, Texas 77057
FULTON – FULTON FRIEDMAN & GULLACE, LLP – Houston, Texas 77002
HULL – HULL & ASSOCIATES, P.C. – Houston, Texas 77036
JAVITCH - JAVITCH, BLOCK & RATHBONE, LLC – Richardson, TX 75080
JENKINS - JENKINS, WAGNON & YOUNG, P.C. – Lubbock, Texas 79408
J&S – JOHNSON & SILVER, LLP – Dallas, Texas 75280
ONWUTEAKA - LAW OFFICE OF JOSEPH ONWUTEAKA, P.C. – Houston, Texas 77074
ORLANDO & BRAUN, L.L.P. – Houston, Texas 77019
MOSS – THE MOSS LAW FIRM, P.C. f/k/a Allen L. Adkins & Associates, P.C. – Lubbock, Texas 79452
NIERMANN – NIERMANN & OLIVO – Carrollton, Texas 75006
ORLANDO & BRAUN, L.L.P. – Houston, Texas
RAUSCH - RAUSCH, STURM, ISRAEL, ENERSON & HORNIK, LLC – Addison, Texas 75001
REGENT – REGENT & ASSOCIATES – Houston, Texas 77057
SCHEINTHAL - SCHEINTHAL & KOUTS, L.L.P. – Houston, Texas 77027
SCOTT - MICHAEL J. SCOTT P.C. – Carrollton, Texas 75011
VINCENT - VINCENT LOPEZ SERAFINO JENEVEIN, P.C. – Dallas, Texas 75201
WEINSTEIN – WEINSTEIN & RILEY, P.S. – Arlington, Texas 76015
WINSTEIN – WEINSTEIN & RILEY, P.S. – Seattle, Washington 98121
ZWICKER – ZWICKER & ASSOCIATES, P.C. – Round Rock, Texas 78681
TEXAS DEBT COLLECTION ATTORNEYS
WHO IS WHO
Adams, Michael J. a/k/a Michael Jason Adams
Addison, Brandi Marie [RSIEH]
Adkins, Allen L. a/k/a Allen Lee Adkins
Ahmad, Adnan
Anaele, Onyinychi [ZWICKER & ASSOCIATES, P.C.]
Balekian, Krista Jean
Banks, Katharine Megan
Bedford, Laura L. [ZWICKER & ASSOCIATES, P.C.]
Bolen, Troy D. a/k/a Troy Dean Bolen
Bowlin, Bradon E. [RSIEH]
Brown, Shaun G.
Buchan, Charles James
Burke, Edward T. a/k/a Edward Thomas Burke
Carnohan, Christopher
Castro, Michael R. [RSIEH]
Chae, Seung W.
Clark, Ricky Edward
Clerkin, Patrick A.
DeGrasse, Donald D.
Deloney, Christopher Robert
Dharani [ZWICKER & ASSOCIATES, P.C.]
Donaho, Stephanie P. Briggs
Eckstein, Jessica
Elder, T.L.
Elms, R, Jr.
Erxleben, Harvey
Figelman, Jacob M. [JAVITCH BLOCK, LLC]
Fletterick, Jeffrey
Gabrielova, Kristy
Garza, Michael J. [RSIEH]
Gasaway, Timothy A.
Hale, Megan [RSIEH]
Hamilton, Fallon
Harrison, Josh Allen
Harrison, Joshua M
Hart, Vickilyn Wilkinson
Hayes, Madeleine [RSIEH]
Hayes, Kris Balekian
Hayes, Kris B. [COUCH, CONVILLE & BLITT, LLC]
Hayes, Scott E.
Henry, Carver L.
Hull, James N. a/k/a James Nace Hull
Jackson, Davis
Javandoost, Steve A. a/k/a Steve Ali Javadoost [RSIEH]
Jenkins, Jody D. a/k/a Jody Dewayne Jenkins
Jirkovsky, Matthew
Johnson, Bruce B.
Jones, Stephen [RSIEH]
Kitz, Nathanial D.
Kessler, Rex L.
Kettler, John [RSIEH]
Kramer, Jeffrey S.
Lang, Johnetta a/k/a Johnetta Diane Lang
Lawton, Audrie, L.
Lloyd, Jamila BA}
MacDevitt, Kelly [RSIEH]
Mace, Teri Stewart
Manchester, Elise [ZWICKER & ASSOCIATES, P.C.]
Marancik, Andrew John
Melonson, Shala S. [COUCH, CONVILLE & BLITT, LLC]
Mikulik, Yvonne
McBride, Travis W. [COUCH, CONVILLE & BLITT, LLC]
McBroom, Mark Thomas
Morgan, Judith
Morgenstern, James H.
Moss, Michael A. [THE MOSS LAW FIRM, P.C. f/k/a Allen L. Adkins & Associates, P.C. ]
Mundt, Christopher [ZWICKER & ASSOCIATES, P.C.]
Nwachukwu, Joyce [JAVITCH BLOCK, LLC]
Noack, Craig A. a/k/a Craig Allen Noack
Novak, Randall a/k/a Randall Lorance Novak
Nusloch, Jeremy L.[COUCH, CONVILLE & BLITT, LLC]
O’Bell, Joseph M. a/k/a Joseph Marse O’Bell
Olivo, Andrew C.
Olsen-Zhang, Jessica [RSIEH]
Onwuteaka, Joseph
Orlando, Michael Gary
Orlando, Monica Schulz
Osborn, Christopher D. a/k/a Christopher David Osborn
Palm, Mark A.
Palmarozzi, Kaitlin [JAVITCH BLOCK, LLC]
Peterson, Eric S. [JAVITCH BLOCK, LLC]
Parker, H Brad.
Polito, Matthew T.
Rechner, Mark A. Attorney for Wells Fargo Bank, N.A.
Redman, Shawn R. [COUCH, CONVILLE & BLITT, LLC]
Regent, Anh H.
Resendez, John R.
Robbins, Mitchell B. [JAVITCH BLOCK, LLC]
Rogers, Dawn Deshea
Rogers, Scott L.
Sanchez, Benjamin K.
Sanders, Jennifer P.
Scott, Michael J. a/k/a Michael Joseph Scott
Scheinthal, Alan R.
Silver, Jamie
Staley, Brian Edward
Stewart, John Milton
Stottlemyre, Scott Rhodell [RSIEH]
Streeter, Sam
Sun, Leslie L. [ZWICKER & ASSOCIATES, P.C.]
Taylor, Jay Andrew
Thathiah, Melvin
Thomas, Juli Anna
Tucker, Carl
Turbyfill, Donald L.
Tysor, R. Chen, Jr.
Unger, Frederick L.
Vincent, Mark K.
Vincent, Richard H.
Volk, Michael B.
Watkins, Bruce Kirby
Watkins, Lisa White
Wallace, Charles
Williams, Kristin Jane
Young, Dan G.
Young, Michael
Note: The above list includes attorneys who may since have ceased handling debt litigation for original creditors or debt buyers. It also includes some who engaged in debt collection for entities other than financial institutions and their assignees.
Adams, Michael J. a/k/a Michael Jason Adams
Addison, Brandi Marie [RSIEH]
Adkins, Allen L. a/k/a Allen Lee Adkins
Ahmad, Adnan
Anaele, Onyinychi [ZWICKER & ASSOCIATES, P.C.]
Balekian, Krista Jean
Banks, Katharine Megan
Bedford, Laura L. [ZWICKER & ASSOCIATES, P.C.]
Bolen, Troy D. a/k/a Troy Dean Bolen
Bowlin, Bradon E. [RSIEH]
Brown, Shaun G.
Buchan, Charles James
Burke, Edward T. a/k/a Edward Thomas Burke
Carnohan, Christopher
Castro, Michael R. [RSIEH]
Chae, Seung W.
Clark, Ricky Edward
Clerkin, Patrick A.
DeGrasse, Donald D.
Deloney, Christopher Robert
Dharani [ZWICKER & ASSOCIATES, P.C.]
Donaho, Stephanie P. Briggs
Eckstein, Jessica
Elder, T.L.
Elms, R, Jr.
Erxleben, Harvey
Figelman, Jacob M. [JAVITCH BLOCK, LLC]
Fletterick, Jeffrey
Gabrielova, Kristy
Garza, Michael J. [RSIEH]
Gasaway, Timothy A.
Hale, Megan [RSIEH]
Hamilton, Fallon
Harrison, Josh Allen
Harrison, Joshua M
Hart, Vickilyn Wilkinson
Hayes, Madeleine [RSIEH]
Hayes, Kris Balekian
Hayes, Kris B. [COUCH, CONVILLE & BLITT, LLC]
Hayes, Scott E.
Henry, Carver L.
Hull, James N. a/k/a James Nace Hull
Jackson, Davis
Javandoost, Steve A. a/k/a Steve Ali Javadoost [RSIEH]
Jenkins, Jody D. a/k/a Jody Dewayne Jenkins
Jirkovsky, Matthew
Johnson, Bruce B.
Jones, Stephen [RSIEH]
Kitz, Nathanial D.
Kessler, Rex L.
Kettler, John [RSIEH]
Kramer, Jeffrey S.
Lang, Johnetta a/k/a Johnetta Diane Lang
Lawton, Audrie, L.
Lloyd, Jamila BA}
MacDevitt, Kelly [RSIEH]
Mace, Teri Stewart
Manchester, Elise [ZWICKER & ASSOCIATES, P.C.]
Marancik, Andrew John
Melonson, Shala S. [COUCH, CONVILLE & BLITT, LLC]
Mikulik, Yvonne
McBride, Travis W. [COUCH, CONVILLE & BLITT, LLC]
McBroom, Mark Thomas
Morgan, Judith
Morgenstern, James H.
Moss, Michael A. [THE MOSS LAW FIRM, P.C. f/k/a Allen L. Adkins & Associates, P.C. ]
Mundt, Christopher [ZWICKER & ASSOCIATES, P.C.]
Nwachukwu, Joyce [JAVITCH BLOCK, LLC]
Newsom, B Eugene
Niermann, Stephen Noack, Craig A. a/k/a Craig Allen Noack
Novak, Randall a/k/a Randall Lorance Novak
Nusloch, Jeremy L.[COUCH, CONVILLE & BLITT, LLC]
O’Bell, Joseph M. a/k/a Joseph Marse O’Bell
Olivo, Andrew C.
Olsen-Zhang, Jessica [RSIEH]
Onwuteaka, Joseph
Orlando, Michael Gary
Orlando, Monica Schulz
Osborn, Christopher D. a/k/a Christopher David Osborn
Palm, Mark A.
Palmarozzi, Kaitlin [JAVITCH BLOCK, LLC]
Peterson, Eric S. [JAVITCH BLOCK, LLC]
Parker, H Brad.
Polito, Matthew T.
Rechner, Mark A. Attorney for Wells Fargo Bank, N.A.
Redman, Shawn R. [COUCH, CONVILLE & BLITT, LLC]
Regent, Anh H.
Resendez, John R.
Robbins, Mitchell B. [JAVITCH BLOCK, LLC]
Rogers, Dawn Deshea
Rogers, Scott L.
Sanchez, Benjamin K.
Sanders, Jennifer P.
Scott, Michael J. a/k/a Michael Joseph Scott
Scheinthal, Alan R.
Silver, Jamie
Staley, Brian Edward
Stewart, John Milton
Stottlemyre, Scott Rhodell [RSIEH]
Streeter, Sam
Sun, Leslie L. [ZWICKER & ASSOCIATES, P.C.]
Taylor, Jay Andrew
Thathiah, Melvin
Thomas, Juli Anna
Tucker, Carl
Turbyfill, Donald L.
Tysor, R. Chen, Jr.
Unger, Frederick L.
Vincent, Mark K.
Vincent, Richard H.
Volk, Michael B.
Watkins, Bruce Kirby
Watkins, Lisa White
Wallace, Charles
Williams, Kristin Jane
Young, Dan G.
Young, Michael
Note: The above list includes attorneys who may since have ceased handling debt litigation for original creditors or debt buyers. It also includes some who engaged in debt collection for entities other than financial institutions and their assignees.
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