September Saved the home of immigrant couple who lost home to foreclosure. Law Office of James W. Volberding - Recent Civil Litigation Wins

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1 New Win November 2014: 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, on Wednesday the court awarded full damages of $146,000, including triple DTPA damages. Big win: August 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. Three hearings, the judge chewed the defense attorney for wasting taxpayers money. The city council FIRED the law firm, and replaced with sensible lawyers, and agreed to pay much of the client s attorney s fees and allow the landscaping to proceed. Little win: August 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. July Negotiated small but attractive settlement on DTPA claim against North Carolina furniture manufacturer for expensive but defective living room furniture purchased by clients. September Solved difficult and pernicious case involving client abused by relatives. Through lawsuit and TRO hearing, forced relatives out of client's home and to release their claim on client's property. September Saved the home of immigrant couple who lost home to foreclosure. 1 / 5

2 Negotiated repurchase agreement on fair terms. August Negotiated settlement for client against large grocery store chain for injuries sustained when cashier railing on which she leaned collasped. September So far, have avoided suit against general contractor in large $1.2 million construction project after fall out over payments and change requests. June Settled personal injury lawsuit on terms that exceeded client's expectations. Client was passenger in case wrecked by negligent driver. Nevertheless, there were bad facts on the plaintiff's side that would have made jury recovery difficult. February 2012 General contractor threatened with indictment in rural county for refusing to refund fees to commercial building owner. Quickly negotiated settlement with payment. Grand jury subpoena withdrawn and risk of prosecution avoided. January 2012 Successfully extracted client from threat of suit of contract-for-deed lawsuit with painful but necessary settlement. Client owned a house that he attempted to sell on self-written contract for deed. December Settled for the insurance policy limits a personal injury suit. An inattentive driver rear ended another vehicle and turned sideways. My client was following on a motorcycle. Struck by the driver s car, he lost control and crashed, causing serious injuries. 2 / 5

3 December 2011 Blocked eviction of client. Nearly indigent client facd eviction on contract for deed by property owners. Sent 11-page demand letter to owners who backed down. Client remains in house. November 2011 Settled denial of insurance benefits. Client s house burned when he neglected to turn off stove burner. Insurer suspected arson and requested Examination Under Oath. Following EUO, insurer paid damages in full. September 2011 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. August 2011 Client owned honky tonk in rural county. Following some criminal law problems with local authorities, alleged victim demanded damages. Successfully blocked litigation without payment of any money. November Obtained judgment in bench trial in small claims court for plaintiff on unpaid loan. October Settled on favorable terms small claims lawsuit for client who sued to recover judgment on an unpaid automobile note. September 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. We have now filed a malpractice action against the attorney. 3 / 5

4 August Obtained full insurance proceeds for lovely couple whose house was destroyed when a drive ran his truck into their living room. July Negotiated settlement and dismissal of lawsuit against general contractor regarding construction of hotel. May Settled personal injury lawsuit against client who owned a small car dealership and employee caused accident. April 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. July Obtained lawsuit settlement for 100% of client's damages from auto mechanic who, with another mechanic, sold her a dilapidated used car without informing of expensive needed repairs. July Settled modest personal injury lawsuit with difficult facts for pre-teen whose eye was injured by arrow launched by boy's cousin. June Negotiated reasonable settlement of lawsuit against couple by credit card company collecting large overdue credit card. June Convinced plaintiff debt collection law firm to dismiss lawsuit against elderly woman and her son voluntarily, demonstrating their inability to contract. March Negotiated 90% settlement recovery of $4,000 for landlord against tenants who broke residential lease. 4 / 5

5 February Negotiated revised home loan with Countrywide for homeowner facing foreclosure. January Obese client was denied bariatric surgery by insurer. Obtained reversal of insurer's decision through internal appeal procedure. Client has now had surgery. December Negotiated revised home loan with Washington Mutual for homeowner facing foreclosure. September Successfully discouraged collection company from pursuing lease contract obligations against small business on lease of certain equipment. November Won $136,000 personal injury jury verdict in Van Zandt County for mother injured by negligent driver who failed to yield intersection in which medical expenses were $26,000. October Won final judgment for visitation and attorney's fees for Pennsylvania grandmother denied access to granddaughter by child's father. January Negotiated 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. Click to learn more about attorney James Volberding's civil litigation services or contact his Tyler, TX law office. 5 / 5

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