Showing posts with label lawfirm-reviews. Show all posts
Showing posts with label lawfirm-reviews. Show all posts

Saturday, September 7, 2013

REGENT & ASSOCIATES Lawfirm review [heading for extinction in 2015]



Regents & Associates - Review of Houston Debt Collection Boutique Firm

REGENT & ASSOCIATES LAWFIRM REPRESENTS AN ARRAY OF CREDITORS, BOTH BANKS AND DEBT BUYERS

Anh Regent has his own law firm and operates out of Houston [or rather did so until recently (see April 2015 update below]. He also owned a collections firm that had its privileges to do business forfeited for failure to pay state tax. 

UPDATE: Anh Regent has lost most of his clients, who they are now his creditors in his bankruptcy case, filed in March 2015 in Houston (Southern District of Texas / Bankruptcy Court). He also owes his process server (big time - six-figure amount), venders, banks (Chase), the IRS, and numerous other creditors. He let go most or all of his staff because he could not pay them any more, and defaulted on his office lease. He also owes for unpaid salary. He is basically history in the debt collection world. His clients are now trying to collect from him and he also has a dozen-or-so lawsuits pending in which he is the named defendant himself or represented the defendant (most of them for FDCPA actions).  He is also being accused of have taken his client's money (advanced for costs of filing lawsuits) and having diverted it to unknown purposes. 

The original post continues below. Because of the lease termination, the listed address is no longer accurate. 
   
WHICH PLAINTIFFS DOES REGENT SUE FOR?

Regent & Associates handles debt collection suits for numerous banks and assignees. Among them: American Express; Bank of America (FIA); Discover Bank; LVNV Funding LLC; Portfolio Recovery Associates; Equable Ascent Financial, LLC; Hilco Receivables.

TYPICAL PLEADINGS

Mr. Regent is one of those debt collection attorneys who sues on various theories of recovery, sometimes even quantum meruit, and even mixes them up within a single paragraph. Uniquely, among his peers, he typically pleads for a judgment on a slash/slash-whatever-works theory titled “SUIT ON OPEN & STATED ACCOUNT/DEBT/BREACH OF CONTRACT" in a single paragraph. (--> Sample debt suit petition filed by Regent & Associates).

Regent also represents creditors in appellate litigation on occasion. One significant case is Tully v. Citibank(South Dakota), N.A.. In that case, it was the debtor who appealed after he ended up with a judgment in the trial court, so the appeal itself wasn’t Regent’s choice. Regent handled the defense of the summary judgment on appeal himself, however, and lost.

KEY APPELLATE CASE INVOLVED DEBT SUIT BY REGENT 

In Tully, Regent had pleaded three theories of recovery and had been successful in persuading the trial court to grant his motion for summary judgment. No one theory was specifically singled out in the judgment.  But the court of appeals reversed, holding that a credit card debt suit could not be litigated as a sworn account, that quantum meruit – an equitable theory -- was precluded in the presence of the contract, and that there was a fact issue as to the amount owed. Therefore, summary judgment on the contract claim was error also.

In Tully v. Citibank the court of appeals expressly held that the bank could not recover under its quantum meruit theory because the summary judgment evidence conclusively established that a contract existed. Though not discussed in the opinion, the contract was actually a requirement of federal law (--> TILA). The Truth in Lending Act just uses slightly different terminology: Disclosure of credit terms to the consumer (hence "TILA Disclosures", sometimes also called “TIL Disclosures”).
  
But that has not stopped Regent from invoking quantum meruit in debt litigation after the adverse outcome in Tully, at least occasionally.

LAW FIRM ADDRESS IN HOUSTON:

Anh H. Regent
            REGENT & ASSOCIATES
            2650 Fountain View Dr., Ste 233
            Houston, Texas 77057

            Fax: (713) 490-7075 





Thursday, August 15, 2013

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. 




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