Dan G. Young Profile of Attorney with JWY Lawfirm in Lubbock

WHO-IS-WHO AMONG THE CREDITORS’ BAR

Dan G. Young with JENKINS Lawfirm in Lubbock

INDIVIDUAL ATTORNEY PROFILE  OF DEBT COLLECTION ATTORNEY

Dan G. Young is a collection lawyer with Jenkins,Wagnon & Young, LLC. 

Attorney Dan G. Young has been licensed in Texas since 1983, and in Oklahoma since 2005. Unlike most other collection lawyers, Young is admitted not only to practice all courts of the State of Texas, but in federal district courts and bankruptcy courts in the multiple Districts of Texas; in the Fifth Circuit Court of Appeals; and in the U.S. Supreme Court. His law degree is from Texas Tech University (1983).  

NAME CONFUSION: SEVERAL TEXAS ATTORNEYS WITH SIMILAR NAME 

Young is a common last name. Not surprisingly, there a number of other attorneys with the same last name, and even one with the same first and last name, and a few more with the first name Daniel rather than the short version Dan. It is therefore important to include the middle name to distinguish Dan G Young from other attorneys with very similar names. The official licensing and registration records for Dan G. Young do not reveal what middle name the G stands for.  

Attorney Dan G. Young’s Texas Bar Number is 22177250

LAW FIRM AND COLLEAGUES 

Dan G. Young is a name partner at JENKINS, WAGNON & YOUNG.. Jody Jenkins and Dan G. Young sign pleadings in debt collection litigation handled by this firm. J. Mark Wagnon devotes himself to other legal matters, which consist in large part of transactional work. Wagnon does not appear as attorney of record in the firm’s collection lawsuits. Like Jenkins and Wagner, Dan G. Young was previously with McCleskey, Harriger, Brazill & Graf, L.L.P., which is true of his partners also. 

Brian Benitez (full name Brian Louis Benitez) is an associate at the firm. He too is a graduate from Texas Tech University School of Law. Benitez was licensed in 2012 and recently joint the firm.

PRACTICE AREAS

Although he is best known as a debt collection lawyer, Attorney Dan G. Young lists a number of other areas of practice on this State Bar profile:  Bankruptcy, Business, Consumer, Creditor-Debtor, Insurance, Labor-Employment, Litigation: Commercial, Real Estate, Other, Finance

ADDITIONAL BIOGRAPHIC INFORMATION 

According to his bio on his firm’s website, Dan G. Young was born in Lubbock in 1957, earned his college degree in his home town in 1979, and also went to law school there, earning his JD from Texas Tech University School of Law  in 1983, where he was also on the law review. He was licensed that same year. Young has chosen collection work as his niche in the legal field. He is a member of the National Association of Retail Collection Attorneys  and the American Collectors Association.

FOR WHICH CREDITORS DOES DAN G. YOUNG LITIGATE?

A search on the Harris County District Clerk's websites reveals  Dan G Young as attorney of record in 437 cases. Recent clients include CONVERGING CAPITAL CORPORATION, SIMMONS FIRST NATIONAL BANK, CACH LLC, EQUABLE ASCENT FINANCIAL LLC, GLOBAL ACCEPTANCE CREDIT COMPANY.

APPELLATE RECORD IN TEXAS

Dan G. Young has a much more extensive appellate track record than most other debt collection attorneys in Texas. He is listed as attorney in 30 cases, although there are few in recent years.  One of the appeals resulting in a noteworthy opinion involved a debt collection case brought on behalf of Hudson & Keyse, L.L.C. on an assigned Chase Manhattan Bank credit card debt that was appealed to the Fourteenth Court of Appeals in Houston. Many appeals in debt collection matters get dismissed for various reasons, such as nonpayment of fees, defective appellant’s brief or none, and lack of jurisdiction due to untimely filing of notice of appeal, or for other reasons.  

TYPICAL PETITION IN DEBT SUIT 

Notwithstanding his appellate law credentials, the pleadings filed by Dan G. Young are rudimentary. Like all other debt collection firms, litigation templates are used and suit papers for individual cases are generated with document production software that inserts a few pieces of variable data into the e-template for pleadings, motions, and other documents. While the typical original petition contains a fact section, it may not even feature a separate paragraph on the legal theory of recovery. See sample of fact section: 

ATTORNEY FEE AFFIDAVITS 

Both Jody Jenkins and Dan G Young seek attorneys fees in debt suits. The typical amount claimed as reasonable, regardless of county in which the suit is filed, is $1,500. See excerpt from sample fee affidavit: 

LAWFIRM ADDRESS AND CONTACT DETAILS FOR DAN G. YOUNG

Dan G. Young

JENKINS, WAGNON & YOUNG, P.C.

P.O. BOX 420

Lubbock, Texas 79408-0420

Phone: 806-796-7322

Fax: (806) 771-8755

JENKINS, WAGNON & YOUNG, P.C. - Creditors' Law Firm (reviewed)

DEBT COLLECTORS WHO-IS-WHO 

JENKINS, WAGNON & YOUNG, P.C - LAW FIRM PROFILE 

JENKINS, WAGNON & YOUNG, P.C. is debt collection firm operating out of Lubbock, Texas with a state-wide practice. This law firm also represents debt buyers who sue as assignees of banks, not merely banks that originated accounts. Among its clients, all with vast litigation dockets, are Cach, LLC; Equable Ascent Financial, LLC; and Midland Funding, LLC. Many of the assigned accounts are from Chase Bank USA, N.A., more commonly known as "CHASE". 

Attorneys listed on letterhead of Jenkins, Wagnon & Young law firm (2013):

Jody D. Jenkins (who is licensed in New Mexico in addition to Texas)

Dan G. Young (who is also licensed in Oklahoma)

J. Mark Wagnon (who is also a CPA and does mostly transactional work, such as negotiating and drafting contracts)
Brian Benitez (and freshly-minted lawyer who joined JWYLAW recently)
Ian Van Reenen (who also has an MBA)

Two of the attorneys practicing with the lawfirm are also licensed in other states: Jody D. Jenkins in New Mexico, and Dan G. Young in Oklahoma. Jenkins and Young are the attorneys whose names appear on the firm's address block on pleadings filed in debt suits filed in Texas courts. Although the first name implies otherwise, Jody Jenkins is a guy. His middle name is Dewayne.

You can view photos of Attorneys Jenkins, Young, and Wagner on the firm's website.

Both Jody D. Jenkins and Dan G. Young were previously associated with McCLESKEY, HARRIGER, BRAZILL & GRAF, L.L.P.  The same is true of Wagner.

Mailing address: P.O. Box 420 Lubbock, Texas 79408-0420
Street address: 1623 10th Street, Lubbock, Texas 79401
Fax: (806) 771-8755

TYPICAL MOTION FOR SUMMARY JUDGMENT FILED IN CREDIT CARD DEBT SUITS

Traditional motions for summary judgment filed by Jody Jenkins seek judgment on two alternative theories - breach of contract and account stated; they do not state the amount of damages, even though they contain a factual background section. The damages are instead set forth in a summary judgment affidavit that does double duty as a business records affidavit.

SUMMARY JUDGMENT AFFIANTS AND AFFIDAVITS

In suits by debt buyers/assignees the witness testifying by affidavit is typically a representative of the assignee or the assignee's servicer (e.g. "Legal Specialist" for Midland Credit Management), rather than a custodian of record from the original creditor. 

  

The debt buyer's employees who perform affidavit duty will often have dubious credentials as sponsoring witnesses for business records that were not created by their employer, but by the bank that issued the card. e.g. Chase, Citibank, Bank of America, or HSBC (--> business records affidavit and third-party records). 

  

Sometimes, there is even confusion as to who the issuing bank was, particularly when the account originated with Washington Mutual Bank (“WaMu”) or Providian National Bank (“PNB”). PNB was absorbed into WaMu, but WaMu subsequently failed and the FDIC liquidated its assets. Affiants are low-level employees whose affidavits often not even reflect awareness that WaMu is a failed bank. The correct cardmember agreement is often not included among the summary judgment or trial exhibits.

ATTORNEY FEES

Jenkins and Young routinely plead for attorneys fees. Therefore, their summary judgment motions contain an additional affidavit by the attorney that signed the pleadings. The fee affidavit is marked EXHIBIT B. 
  
Exhibit A is the summary judgment affidavit with all attachments (typically copies account statements, cardmember agreement, and bill of sale and/or other from assignment proof, such as a second affidavit signed by the representative of a bank attesting to the sale and disclaiming any interest in the account at issue).

  

The typical amount of fees attested as reasonable by Jenkins attorneys for work at the trial-court level is $1,500 (hourly rate of $200 x 7.5 hours) (--> Sample attorney fee affidavit of Jody D. Jenkins;  Sample attorney fee affidavit of Dan G.Young).

Attorney Jody Jenkins also requests contingent fees in the amount of $5,000 for the first level of appeal, and $3,500 if a petition for review is filed in the Texas Supreme Court. Not surprisingly, the proposed judgments contain matching dollar figures for the three categories of attorneys' fees. This firm has appellate litigation capability and experience, including appeals from debt collection suits. 

FEE AMOUNT COMPARED TO OTHER DEBT COLLECTION LAW FIRMS

Other attorneys testify that $400-$500 a case is a reasonable amount of fees in routine credit card debt collection cases of similar nature (sometimes involving the same original creditors), or do not seek fees at all. 


LAWFIRM - CORPORATE ENTITY REGISTRATION INFORMATION 

EDITORIAL NOTE: This profile page on the lawfirm of JENKINS, WAGNON, & YOUNG was last revised or updated:  January 23, 2014.