Attorney David A. Fernandez Represents Client in Confession of Judgment Case

One recent case Fernandez has defended was filed in the County Court at Law Number Two in Tarrant County, Texas (Case No. 2018-008511-2) where a defendant, a Texas builder, received financing from a New York company (plaintiff). Court documents state that the Texas builder signed a confession of judgment prior to receiving funding and prior to allegedly defaulting on the loan. The plaintiff filed suit claiming breach of contract and submitted the confession of judgment as proof the Texas builder failed to repay the loan.

While confessions of judgment are permissible in New York and can be used to prove non-payment, Texas does not allow this. The plaintiff filed a claim in Erie County New York and used the confession of judgment to make his breach of contract claim. Judgement was granted on behalf of plaintiff.

The defendant hired Fernandez, who has been named to the Top 100 Consumer Litigators in Texas, and his firm went to Tarrant County and got the judge to stay execution and transfer the registration to Harris County. Now, according to court documents, the plaintiff appears to have abandoned the registration in Houston’s courts. Should the plaintiff pursue the matter further, the defendants are poised to contest the recognition.

About David A. Fernandez, Law Office of David A. Fernandez

David A. Fernandez focuses his practice on debt defense, bankruptcy, fraud, personal injury, business litigation and wrongful death. He is a member of the Texas Bar Association, Consumer Law Section of the Texas State Bar Association, and State Bar of Texas. For more information, please call 713-893-3244, or visit www.yourhoustonconsumerattorney.com. The law office is located at 2190 N. Loop West, Suite 102, Houston, TX 77018.

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