Appointed as Receiver to Collect $727,000 Judgement in Smith County, TX
Attorney James W. Volberding was assigned as Receiver to collect a $727,000 judgment in Smith County, Texas. As Receiver, Mr. Volberding seized the debtor’s bank accounts, seized his collection of rental mobile homes, and intercepted his mail.
Full Recovery for California Lease Finance Company
Local vehicle repossession company towed commercial truck but sold it without complying with Texas property law or notifying first lien holder. Filed state suit against repossession company and negotiated settlement which fully recompensated finance company.
Success on Appeal in Texas Divorce Case
Obtained reversal in Tyler Court of Appeals on behalf of woman who lost most of her community property in divorce when her attorney failed to show up for trial or inform her, resulting in default. A malpractice action against the attorney followed.
$35,000 Debt Recovered from Estate in Probate Proceedings
On behalf of Florida woman, obtained return of $35,000 from estate of boyfriend who borrowed money from her on the pretext of paying some debts, without telling her he used the money instead to pay back child support. Negotiated return of 100% of the client’s money by entering appearance in boyfriend’s probate proceedings and threatening later to remove family member as administrator.
Full Damages Awarded to Client for Unpaid Loan and Defective Construction
Client is a retiree who loaned $21,000 to a pool contractor and separately hired him for $90,000 to build a home pool. When the money was not repaid and the pool contained two defects, we sued in Tyler. After depositions and mediation, the court awarded full damages of $146,000, including triple DTPA damages.
$5,000 Judgment for Creditor
Representing a well-known credit card company, obtained a $5,000 judgment against a pro se card debtor and defeated her motion for new trial. The debtor is a nice woman and I have encouraged working reasonably with her to arrange a payment plan.
Credit Card Debt Settled
Negotiated reasonable settlement of lawsuit against couple by credit card company collecting large overdue credit card.
Victory for Dallas-Fort Worth Homeowner Against Municipality
Client is homeowner of lovely home in a DFW municipality. He landscaped the front yard. The small city blocked the landscaping, but refused to provide legal authority. We filed declaratory judgment. A Dallas paper mill defense firm filed mindless mashed pleadings, 33 affirmative defenses, and 45 ordinances irrelevant to landscaping. After three hearings, the judge chewed the defense attorney for wasting taxpayers’ money. The city council FIRED the law firm, replaced it with sensible lawyers, and agreed to pay much of the client’s attorney’s fees and allow the landscaping to proceed.
Multiple Successful Home Foreclosure Negotiations
In multiple home foreclosure cases — involving lenders including Countrywide and Washington Mutual — successfully negotiated revised home loans and repurchase agreements.
$136,000 Jury Verdict for Mother Injured by Negligent Driver
Won $136,000 personal injury jury verdict in Van Zandt County for mother injured by negligent driver who failed to yield at an intersection. Resulting medical expenses were $26,000.
Successfully Settled Probate Litigation
After Client was appointed temporary administrator of estate of close friend, deceased’s mother and estranged son filed suit to remove her and eliminate property deeds. Settled in mediation on reasonable terms after difficult litigation twists, turns and acrimony.
Settlement of Texas Deceptive Trade Practices Consumer Protection Act Claim
Negotiated small but attractive settlement on DTPA claim against North Carolina furniture manufacturer for expensive but defective living room furniture purchased by clients.