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www.DallasLayersMagazine.com December 2020| Copyright

Table of

CONTENTS INSIDE THIS ISSUE DALLAS LAWYERS MAGAZINE

NOVEMBER| 2021 Cover……………………………1 Judge Tonya Parker

MAGAZINE

Profile Dallas Lawyer………….4 Tonya Parker Prevent Foreclosure……………7 Behind Your Mortgage Question To Ask……..…….10-11 Your Potential Lawyers New Laws……………….…14-15 Know Your Rights Debt Collection……………16-19 Things To Know After Car Accident.…...…..24-25 Thing To Know About……26-27 Payday Loans

DALLAS LAWYERS MAGAZINE 1910 Pacific Ave. Suite 14220 Dallas, Texas 75201 (972).975-7516 Division of The Green & Green Co.

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The Dallas Bar Association awarded Judge Parker the 2021 Martin Luther King, Jr. Justice Award in recognition of the barriers she has broken in the legal community and her commitment to the principal of equal justice under the law. Additionally, Judge Parker is the 2021 recipient of the Luminary Award from the Diversity and Flexibility Alliance.

The Honorable Tonya Parker Judge Presiding, 116th Judicial District Court Dallas County, Texas The Hon. Tonya Parker is Judge of the 116th Judicial District Court, a position she has held since 2011. Elected by her judicial colleagues, she has twice served as the Presiding Judge for the Dallas County Civil District Courts. Judge Parker has also served as the president of the Texas Association of District Judges. She is an Executive Board member for SMU Dedman School of Law and is a member of the American Law Institute where she serves as an Adviser to the ALI’s Restatement of the Law Third, Torts: Remedies project. Judge Parker is consistently recognized for her performance and temperament on the bench. In the Dallas Bar Association Judicial Evaluation Polls for 2019, 2017, 2015 and 2013, her overall approval ratings exceed 92% and are among the highest ratings of the judges evaluated in the polls. Judge Parker is also a 2021 graduate of Stagen’s Social Change Leadership Program. She serves with distinction, and is recognized at the local, state, and national levels for her contributions. In 2021, the Women’s Commercial and Business Advocate Committee of the American Bar Association Business Law Section recognized Judge Parker with its annual award for her service and commitment to women in our profession. DallasLawyersMagazine.com

For the second time in the last five years, the State Bar of Texas African American Lawyers’ Section awarded her its DISTINGUISHED JURIST AWARD at its 2019 Annual Meeting in acknowledgment of the leadership role Judge Parker plays in spearheading the Implicit Bias Project in the Dallas Civil District Courts. In 2018, the Dallas NAACP awarded her the PRESIDENT’S AWARD FOR LEGAL EXCELLENCE.

In 2017 she won four prestigious awards: the STONEWALL AWARD from the American Bar Association’s Sexual Orientation and Gender Identity Commission, the DISTINGUISHED ALUMNI AWARD FOR JUDICIAL SERVICE from SMU Dedman School of Law, the MAURA WOMEN HELPING WOMEN AWARD from the Dallas Women’s Foundation, and the TRAILBLAZER AWARD from IGNITE. Judge Parker has also been named TRIAL JUDGE OF THE YEAR by the Dallas Chapter of the American Board of Trial Advocates Orientation and Gender Identity Commission, the DISTINGUISHED ALUMNI AWARD FOR JUDICIAL SERVICE from SMU Dedman School of Law, the MAURA WOMEN HELPING WOMEN AWARD from the Dallas Women’s Foundation, and the TRAILBLAZER AWARD from IGNITE. Judge Parker has also been named TRIAL JUDGE OF THE YEAR by the

Dallas Chapter of the American Board of Trial Advocates. While in private practice she earned the esteem of her peers. She was recognized as one of the top lawyers in Texas by being voted a SUPER LAWYERS RISING STAR three years in a row from 2006 to 2008, and again for a fourth time in 2010 just before she was elected to office. Also, in 2010, she received OUTSTANDING MENTOR AWARDS from both the J.L. Turner Legal Association and the Dallas Association of Young Lawyers. A few years prior, the Dallas Association of Young Lawyers also named Judge Parker OUTSTANDING YOUNG LAWYER OF DALLAS. The Dallas Bar Association recognized her with its OUTSTANDING MINORITY ATTORNEY AWARD and an AWARD OF EXCELLENCE. While in private practice she earned the esteem of her peers. She was recognized as one of the top lawyers in Texas by being voted a SUPER LAWYERS RISING STAR three years in a row from 2006 to 2008, and again for a fourth time in 2010 just before she was elected to office. Also, in 2010, she received OUTSTANDING MENTOR AWARDS from both the J.L. Turner Legal Association and the Dallas Association of Young Lawyers. A few years prior, the Dallas Association of Young Lawyers also named Judge Parker OUTSTANDING YOUNG LAWYER OF DALLAS. The Dallas Bar Association recognized her with its OUTSTANDING MINORITY ATTORNEY AWARD and an AWARD OF EXCELLENCE. Judge Parker is also a former AMERICAN MARSHALL FELLOW, in which capacity she traveled throughout Europe for a period in 2005 to promote transatlantic relations and learn about the social, political, and economic systems of various European countries. 4

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ARE YOU ON MORTGAGE PAYMENTS? Help! I Am Behind on My Mortgage! Many people have found themselves in a scary situation where they are behind on their mortgage payments. You are not alone. When you get behind, you may not know what to do or who to turn to. For this reason, we hav developed this step-by-step guide to give you the knowledge you need to move forward confidently. Step One: Evaluate Financial Situation

Your

When you are behind on your mortgage, it is important to take a moment to analyze your financial situation. You should consider why you were unable to make the payments you missed. Was there an unanticipated expense that occurred in the past few months? Has there been a change in your household’s income? Can you catch up on your past due amounts? Will you be able to make your future mortgage payments as they become due? These are some questions to think about. If you are able to bring your loan current, you should do so right away. DallasLawyersMagazine.com

If you are unable to bring your account current, you need to go to Step Two. Step Two: If you want to keep your home, apply for a loss mitigation option. Once you have evaluated your financial situation, you should contact your bank immediately. A representative from your bank should be able to provide you with the options they have available to address the problems you are facing with your mortgage. Depending on your situation, some of the following options or combination of options may be available from your bank: Loan Modification: A loan modification is a long-term solution to meeting your financial needs. A loan modification will modify your current mortgage by reducing your monthly payments through a change in your interest rate and/or extending the term of your loan. Forbearance: A forbearance agreement is a short term solution to bring your mortgage account current. A

forbearance agreement is an agreement between you and your lender to reduce or s u s p e n d y o ur m o nt h l y payments for a set amount of time. The lender will agree to delay foreclosure proceedings during this time, but you will eventually have to catch back up on the payments. Reinstatement: A reinstatement is a way for you to pay the past due balance of your mortgage and bring your account current. Once your mortgage account is reinstated and the past due balances are paid, you will continue your regular monthly mortgage payments. Repayment Plan: A repayment plan is a way for you to spread the amount you owe over a period of time. In a repayment plan, you pay your monthly mortgage payment in addition to the monthly past due amount under your plan. If you apply for a loan modification or another loss mitigation option and it was approved, great! You can get back on track. 7

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Ten Questions to Ask Your Potential Lawyer Lawyers will often provide a free or very low-cost consultation to discuss the details of your situation and give you an opportunity to ask some basic questions about the attorney. This meeting should not only help you decide whether to go forward with a lawyer in general, but also whether you s h o u l d p r o c e e d with this lawyer. If you later decide to hire the lawyer, you will go into a more detailed discussion of your case and ask more specific questions along the way. Generally speaking, you'll want to have a list of questions in mind to ask during the meeting. Also, you should feel comfortable enough asking questions that relate to the lawyer's expertise, experience, fees, special knowledge, and management of the case. Below are ten questions to ask your potential lawyer. 1. How long have you practiced law? At a minimum, you'll want to know about the lawyer's expertise and whether the lawyer is a veteran or beginner attorney, for instance. Your legal issue may very well be handled by someone who is fresh out of law school, (or not). It all depends. 2. What type of cases do you generally handle? What percentage of your practice is devoted to (the practice area in question)? You'll also want to know about a lawyer's expertise and how much of the DallasLawyersMagazine.com

attorney's practice is devoted to topic area your legal issue falls within. For example, if you need help with an adoption case, you may wish to seek a family law lawyer who has worked on, well, adoption cases. 3. Who is your typical client? This is an important, but often-overlooked question. For example, if you are an individual with a particular legal problem, but the attorney your meeting with represents only corporations, this may not be the best lawyer for you. Likewise, you may wish to know the financial background of some of the lawyer's clients. This is because there may be different issues a lawyer is used to factoring when working with high net-worth individuals vs college students. 4. How many cases have you represented that were similar to mine? Now is not the time to act shy. Feel free to ask about the attorney's track record, such as the number of cases won or settled, for example. 5. Other than a law degree, what kind of special training or knowledge do you have that might apply in my situation? Some cases, like DUI and patent cases, require specialized training and knowledge for effective representation. Be sure to inquire whether your case fits into that category.

6. What are your attorney fees and costs, and how are they billed? Will a portion or all of my case be handled by paralegals or legal assistants? If so, ask about reduced costs. This step is obviously an important one. You'll want to know whether you can afford the lawyer's services and how you will be required to pay. This is also the time to ask about payment options and how often, and under what circumstances, you will be billed. 7. What is your approach or philosophy to winning or representing a case? This can be important in two ways. First, if you are seeking an amicable divorce, for example, but the attorney is known to "go for the kill" in divorce cases, the attorney may not be the right one for you. Similarly, if you're looking for an aggressive attorney to handle an upcoming corporate merger, for example, you'll want someone who isn't afraid to push the envelope, so to speak. 8. Are there others ways for solving my legal problem? Go ahead. Ask the professional whether there are any alternatives for solving your legal problem, such as through arbitration or some other out-ofcourt arrangement. A good attorney will generally inform you if your case can be handled through other less expensive and time consuming means. 10

9. How will you let me know what's happening with my case? Communication is key when working with a lawyer. Ask the lawyer how often and under what circumstances you will hear from him or her. You'll want to know how your case is coming along and about other important dates. 10. What is the likely outcome in my case? Generally speaking, it is fair game to ask the attorney whether you have a good chance of winning your case. You are not looking for the "right" answer, just an honest one. For instance, if you're facing an uphill battle in, let's say, a nasty divorce situation, you'll want to know up front from the attorney so you can prepare yourself for what lies ahead.

While the answers to questions you ask your lawyer will vary widely, it is important to keep in mind that nothing should be taken as a guarantee. Instead, these questions should give you general knowledge of a specific lawyer's experience and skilllevel, and whether the lawyer is a good fit for you.

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Disclaimer

Wills are legal documents that set forth how a person's property will be distributed after his or her death. They can also contain other provisions, including the appointment of a guardian for the will maker's minor children if there is no surviving parent. The person who makes the will is referred to as the testator, and they will have to follow legal requirements as determined by each state’s laws.

Legal Requirements of a Will While each state has its own laws regarding the validity of a will, the variations for the most part are small. Some common requirements include the following:

Testator's Capacity In general, a person has to be at least 18 years old to create a valid will. However, some states have exceptions for individuals who are younger if they are married or in the armed forces. Additionally, the testator must be of “sound mind.” This generally means that the testator must have the knowledge that he or she is making a will, the effect that the document will have, the nature of the property that it covers and the parties that stand to benefit from it. The “sound mind” requirement is the basis of many will contests.

Disposition of Assets The will must set forth at least one provision regarding who stands to inherit his or her property.

Declaration The testator must declare that the document is his or her last will and testament. In wills that are written, a provision to this effect is usually included. However, some states also require the testator to verbally state as such in front of a witness.

Written The majority of states require a will to be in writing. A few states do permit oral wills, but these are usually only permitted if very specific circumstances arise.

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Signed The will must be signed by the testator. However, if the testator is physically unable to do, some states permit the document to be signed by a witness.

Witnessed Most states require that the signing of the will be witnessed by at least two individuals, and most require that witnesses be at least 18 years old. Some states require the witnesses to be disinterested, meaning that they do not stand to benefit from the will. Because they can be called upon at a later date to testify about their signatures and the testator's capacity, many witnesses submit an affidavit to this effect at the time the will is signed.

Executed The will must contain a provision declaring where the will was signed, the date it was signed and that it was signed in the presence of witnesses.

Reviewing and Changing a Will Testators may wish to review their wills at different points in their lives to ensure that the document properly communicates their wishes. For example, a testator may wish to add or remove heirs in the event of a later marriage or birth of a child. Or the testator may want to name a new executor in the event of the executor's death. There are a few ways that this can be accomplished. One way to change a will is to revoke it in its entirety. This requires that the testator write “Revoked” on the will, tear it, burn it, obliterate it or otherwise take action that shows his or her intent to revoke the will. This is followed by the creation of a new will. The new document should contain a provision near its top stating that all prior wills are being revoked. Another way to change a will is to make an amendment to it. The amendment is called a codicil, and it is often used to make a small change in the will, such as who will inherit a specific item. Codicils must be prepared and executed in accordance with the same state laws that apply to wills.

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666 new Texas laws go into effect Sept. 1. Here are some that might affect you. T e xa s ’ 2 0 22 - 20 2 3 B u dg e t : SB1 provides nearly $250 billion for Texas, with notable funds going toward public higher education. Abbott lineitem vetoed the part of the budget that funds the Texas Legislature and the people who staff it — but lawmakers may restore funding during this summer’s second special session. Permitless carry: House Bill 1927 allows Texans ages 21 and older to carry handguns without training or a license as long as they are not legally prevented from doing so. Abortion restrictions: SB 8 prohibits abortions as early as six weeks into pregnancy. In lieu of government enforcement, private individuals can sue abortion providers or people who assist abortion after an ultrasound can detect what lawmakers defined as a fetal heartbeat. Embryos at this developmental stage don’t possess a heart. Medical and legal experts say the sound Republican lawmakers are referring to is the motion of electrical pulses stimulating muscle cells in a tube that will eventually become part of the heart. Abortion providers are suing to block the law. Additionally, HB 1280 would outlaw abortion in Texas 30 days after any potential U.S. Supreme Court decision overturns Roe v. Wade.

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Medical marijuana expansion: People with any form of cancer or post-traumatic stress disorder now have access to low-THC cannabis for medical purposes. HB 1535 is an expansion of the Texas Compassionate Use Program, which allows people with conditions such as epilepsy and autism to access medical marijuana. Reducing barriers to SNAP: SB 224 simplifies access to the Supplemental Nutrition Assistance Program for seniors and disabled people on fixed incomes. Eligible individuals can forgo enrollment interviews and have a shortened application process. Funding the “1836 Project”: HB 2497 establishes an “1836 Project” committee to produce patriotic Texas history materials, which will be distributed through channels such as when people receive driver’s licenses. The initiative’s name mirrors the “1619 Project,” a New York Times publication examining U.S. history from the arrival of enslaved people. Social studies curriculum changes: HB 3979 limits teachers from discussing current events and systemic racism in class. The bill also prevents students from receiving class credit for participating in civic engagement and bans teaching of the “1619 Project.” Funding the “1836 Project”: HB 2497 establishes an “1836 Project” committee to produce patriotic Texas history materials, which will be distributed through channels such as when

people receive driver’s licenses. The initiative’s name mirrors the “1619 Project,” a New York Times publication examining U.S. history from the arrival of enslaved people. Active shooter alert system: HB 103 creates the Texas Active Shooter Alert System, which will notify Texans in the vicinity of an active shooting scene through their phones. The system can be activated by request of local law enforcement. Police body cameras: HB 929 requires police officers to keep body cameras on during the entirety of active investigations. The law is named after Botham Jean, who was fatally shot in his apartment while eating ice cream by a Dallas police officer in 2018. Banning unnecessary police chokeholds: Police officers are now prohibited from using chokeholds or excessive force during arrests unless necessary to prevent officer or bystander injury under SB 69. Officers who witness violations are required to report the incident. Online ballot tracking system: HB 1382 creates an online tracking system for mail-in ballots and applications for mail-in ballots. The system will be run by the Texas Secretary of State. Punishing cities who cut police budgets: If municipalities with a population of more than 250,000 reduce their police budget, HB 1900 allows the state to financially punish the cities by reducing sales tax revenues and preventing increases in property taxes

Felony punishment for blocking emergency vehicles: HB 9 will make blocking access to a hospital or an emergency vehicle with its lights and sirens on a state jail felony. The bill was passed as a response to protesters being arrested for blocking ambulances during Black Lives Matter protests last summer. Criminalizing homeless camping: HB 1925 makes camping in unapproved public places a misdemeanor crime that carries a fine of up to $500. Cities cannot opt out of the ban. “Star Spangled Banner Protection Act”: Professional sports teams with state funding are required to play the national anthem before games under SB 4. Reducing pre-K class sizes: Prekindergarten classes are now capped at 22 students —

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the same maximum class size of other elementary school grades — under SB 2081. New state employee retirement accounts: SB 321 enrolls new state workers hired after Sept. 1, 2022, in a cash-balance plan, which deposits a percentage of a worker’s annual compensation in retirement accounts and is similar to a 401(k) retirement account. Currently, employees have defined-benefit retirement accounts based on employment position and previous salaries. Shielding companies from car crash liability: HB 19 requires drivers of commercial vehicles — including Ubers, Lyfts and delivery trucks — to be found liable in court for causing a car crash resulting in injury or death before a case can be brought against their employer.

Know your rights against Debt Collection 15 USC 1692c § 805. Communication in connection with debt collection a. Communication with the con sumer generally Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt -1) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o'clock antemeridian and before 9 o'clock postmeridian, local time at the consumer's location; 2) if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney's name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer; or 3) at the consumer's place of employment if the debt collector knows or has reason to know that the consumer's employer DallasLawyersMagazine.com

prohibits the consumer from receiving such communication. b. Communication with third parties Except as provided in section 1692b of this title, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than the consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector. c. Ceasing communication If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except -1) to advise the consumer that the debt collector's further efforts are being terminated; 2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or 3) where applicable, to notify the consumer that the debt collec-

tor or creditor intends invoke a specified remedy.

If such notice from the consumer is made by mail, notification shall be complete upon receipt. d “Consumer” defined For the purpose of this section, the term "consumer" includes the consumer's spouse, parent (if the consumer is a minor), guardian, executor, or administrator. 15 USC 1692d § 806. Harassment or abuse A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section: 1) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person. 2) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader. 3) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 1681a(f) or 1681b(3)1 of this title. 16

4) The advertisement for sale of any debt to coerce payment of the debt. 5) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number. 6) Except as provided in section 1692b of this title, the placement of telephone calls without meaningful disclosure of the caller's identity.

an attorney or that any communication is from an attorney. 4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. 5) The threat to take any action that cannot legally be taken or that is not intended to be taken.

15 USC 1692e § 807. False or misleading representations A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section: 1) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof. 2) The false representation of -a. the character, amount, or legal status of any debt; or b. any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt. 3) The false representation or implication that any individual is DallasLawyersMagazine.com

6) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to -a. lose any claim or defense to payment of the debt; or B. become subject to any practice prohibited by this subchapter. 7) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer. 8) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed. 9) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any

State, or which creates a false impression as to its source, authorization, or approval. 10) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. 11) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action. 12) The false representation or implication that accounts have been turned over to innocent purchasers for value. 13) The false representation or implication that documents are legal process. 14) The use of any business, company, or organization name other than the true name of the debt collector's business, company, or organization. 15) The false representation or implication that documents are not legal process forms or do not require action by the consumer. 1) (16) The false representation or implication that a debt collector 17

not legal process forms or do not require action by the consumer. 16) The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 1681a(f) of this title. 15 USC 1692f § 808. Unfair practices A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section: 1) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law. 2) The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collector's intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit. 3) The solicitation by a debt collector of any postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution. DallasLawyersMagazine.com

4) Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument.

5) Causing charges to be made to any person for communications by concealment of the true purpose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees.

15 USC 1692g § 809. Validation of debts a,

Notice of debt; contents Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --

6) Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if --

1) the amount of the debt;

a. there is no present right to possession of the property claimed as collateral through an enforceable security interest;

3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

b. there is no present intention to take possession of the property; or c. the property is exempt by law from such dispossession or disablement.

7) Communicating with a consumer regarding a debt by post card. 8) Using any language or symbol, other than the debt collector's address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business.

2) the name of the creditor to whom the debt is owed;

4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and 5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the 18

b. Disputed debts If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection (a) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumer’s right to dispute the debt or request the name and address of the original creditor. DallasLawyersMagazine.com

The Eviction Process in Texas: Rules for Landlords and Property Managers An overview of Texas eviction rules, forms, and procedures. By Beth Dillman. In Texas, a landlord must legally terminate the tenancy before evicting a tenant. The landlord must first give the tenant a written notice, as required by state law. If the tenant does not move out after receiving this notice, then the landlord can file an eviction lawsuit (also called a forcible entry and detainer suit). Notice for Termination With Cause. In Texas, a landlord can terminate a tenancy early if the tenant does not pay rent or violates the lease or rental agreement (for example, by having a dog when none are allowed or continually throwing loud parties). Before filing an eviction lawsuit, the landlord must first give the tenant a three-day notice to vacate. The landlord does not have to give the tenant the option to fix the violation or pay the rent. If the tenant does not move out of the rental unit at the end of the three days, then the landlord can file an eviction lawsuit with the court (see Tex. Prop. Code Ann. § 24.005). Notice for Termination Without Cause. The rules for terminating a lease without cause vary depending on whether the tenancy is month-to-month or a fixed term. Month-to-Month Tenancy. If a landlord wishes to end a tenancy with a tenant who is month-tomonth, then the landlord must give the tenant a 30-day notice to move. This notice must state the

date by which the tenancy will end and that the tenant must move out of the rental unit by that time (see Tex. Prop. Code Ann. § 91.001). For more information on ending a monthto-month tenancy in Texas, see Texas Notice Requirements to Terminate a Month-to-Month Tenancy. Fixed-Term Tenancy. A landlord cannot end a tenancy early without cause if the tenancy is longer than month-to-month, or for a fixed term. The landlord must wait until the term ends before ending the tenancy and expecting the tenant to move. However, the landlord is not required to give the tenant notice at the end of the term, unless the lease or rental agreement specifically requires it. For example, if the tenant has a yearlong lease that expires in December and the tenant has not requested to renew the lease, the landlord does not need to give the tenant notice to move out of the rental unit by the end of December unless the terms of the lease require such notice. When December comes around, the landlord can expect the tenant to move out of the rental unit by the end of the month. If the tenant does not move out of the rental unit at the end of the term, then the tenant is considered a hold-over tenant, meaning the tenant is holding over in the rental unit after the tenancy has expired. If this happens, the landlord needs to give the tenant a three-day notice to vacate. If the tenant does not move out by the end of the three-day period, then the landlord can file an eviction lawsuit with the court (see Tex. Prop. Code Ann. § 24.005).

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Dallas Lawyers Magazine | DLM AWARDS 2020

Recognizing Great. Doing Great Work Submit your nomination before September 5, 2020 Date_______________

Name of Judge ________________________________

Court________________________________________ What have they done outstanding_________________ _____________________________________________ _____________________________________________

_____________________________________________ What category best describe the candidate by placing a check mark. Judge of the year Award

Trailblazer Award

Rising Star Award

Civil Justice Award

Humanitarian Award

Publisher Award

Criminal Justice Award

Passion for Justice

Equal Justice Award

Judge of The Year

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Things You Need to Do After a Car Accident Over six million car accidents occur each year in the United States. Fortunately, most of them involve only property damage - damage to the vehicle as opposed to the occupants. But one in three accidents involve personal injury to the driver or passengers and out of that number, two out of every ten accidents lead to fatal injuries. If you are involved in an automobile accident, there are certain things you can do to protect yourself and your interests. The following is a list of the top ten things you should do if you are in an automobile accident:

1.STOP. Never drive away from the scene of an accident, even a minor one. 2.PROTECT THE SCENE. You can prevent further accidents by setting up flares, or keeping your flashers on. If it is dark and your lights don't work, you should have a flashlight to keep you safe while you wait in your disabled car or by the side of the road. 3.CALL THE POLICE. Even if there are no serious injuries, it is a good idea to call the police. You may need a police report to file a claim with your insurance company, even if it is just to make a claim for damage to your vehicle. The vehicles involved in the accident should remain where they are, unless they interfere with traffic. DallasLawyersMagazine.com

4.MAKE AN ACCURATE RECORD. When the police arrive, make sure you tell the investigating officer(s) exactly what happened, to the best of your ability. If you do not know certain facts, tell that to the officer. Do not speculate, guess or misstate any of the facts. If you are asked if you are injured and you are not sure, say you are not sure, rather than no. Often, the pain and injuries from motor vehicle accidents become apparent hours after the actual collision. You should also make sure statements made by other persons involved in the accident are accurate as well. 5.TAKE PICTURES. If you happen to have a camera in your vehicle, or a cell phone equipped with a camera, you should take pictures of the vehicles if there is visible damage. If you have visible injuries, you should photograph them as well. However, you should in no way interfere with the on-going police investigation. If you cannot take pictures at the scene of the accident, take them as soon as possible after the accident. 6.E X C H A N G E INFORMATION. Typically, the investigating police officer obtains this information. However, if the police do not respond to the accident, you should obtain the name, address and telephone number of all persons involved in the accident, drivers and passengers alike. You should also obtain information

about insurance by asking to see the insurance card for all vehicles involved in the accident. If there are witnesses, you should get information from them as well so that you or your attorney can contact them in the future. If police respond to the accident, the investigating officer usually will provide all drivers with a police report number. You can use that number later to obtain the police report. If the accident occurs on a state highway, you must request the report from the state police. 7.REPORT THE ACCIDENT. Notify your insurance company as soon as possible. Many policies require immediate reporting and full cooperation. Find out if you have medical benefits as part of your insurance coverage. You pay extra for that type of coverage known as "medpay" - so you should use it. In fact, if you have medpay coverage, you are required to submit your accident-related medical bills to your insurance company. Medpay coverage is primary for accident-related medical bills. Once medpay benefits are exhausted, private health insurance becomes your primary insurer. Medpay benefits are available to all the occupants of the vehicle. Your insurance rates should not increase as a result of submitting claims for medpay coverage. 8.SEEK MEDICAL ATTENTION. Often, injuries caused by motor vehicle accidents are 24

not immediately apparent. Most of our clients report feeling the most pain a day or two following an automobile accident. Unless you are absolutely certain you were not injured, you should seek medical attention at your local emergency room or by seeing your family physician. Even in accidents involving minor impact, you can sustain a serious and permanent injury to your spinal cord. If you lost consciousness or were dazed for even a short period of time following the collision, you may have suffered a concussion or closed head injury. This can cause cognitive and behavioral changes if left untreated. 9.KEEP A FILE. Keep all your accident-related documents and information together. This information should include a claim number, the claim's adjuster who is handling the claim, names and phone num-

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bers of all contacts, receipts for a rental car and other expenses incurred as a result of the accident. 10.PROTECT YOUR RIGHTS. Perhaps the most important thing you should do after an accident is to consult your attorney. Your attorney can protect your rights and make sure valuable evidence is not destroyed. Often, insurance companies want to take statements immediately after an accident. It is important that you have received legal advice before providing such a statement. Your attorney can advise you on issues ranging from how to make sure you are fully compensated for your vehicle to how to make sure you are getting the best medical treatment available. Personal injury attorneys work on a contingency fee basis, which means there is no legal fee unless the attorney recovers compensation for your in-

Know Your Right Payday Loans Texas payday lenders face tougher standards with new federal rules. Payday loans have been criticized as a debt trap for middle and low-income Texans. With new rules from the Consumer Financial Protection Bureau, borrowers may be armed with new protections. Gordon Martinez turned to a storefront payday lender more than 10 years ago and took out a loan of $1,200. The former teacher had just moved to Dallas to start a career in sales and was struggling to make his rent. But with high fees, his debt ballooned to about $3,500 within a matter of months.

because they assert a clear standard that underwriting should be part of any credit," Baddour said. They are "underpinned by basic tenets of fair and responsible lending."

"I had no opportunity to pay back," Martinez said. "I was set up for failure."

U.S. Rep. Roger Williams, RAustin, said in a statement the new rules are "punishing vulnerable Americans." Williams, who serves as the vice chairman of the House Committee on Financial Services Subcommittee on Monetary Policy and Trade, said the rules takes away the "right to small-dollar emergency loans."

New rules passed last week by the Consumer Financial Protection Bureau put stiff restrictions on payday and auto-title loans, like those Martinez used. The rules — which are scheduled to be fully implemented in the summer of 2019 — would prohibit lending without verifying a client's ability to repay the loan. In Texas, a state where payday lending is largely unregulated, advocates for increased oversight view the new rules as a crucial step in protecting vulnerable borrowers. Ann Baddour, director of the Fair Financial Services Project at Texas Appleseed, a nonprofit advocacy and research group that pushed for increased regulation, said the rules ensure payday lenders don't go after borrowers they know cannot pay off their loans. "These rules are transformative DallasLawyersMagazine.com

But others say the new rules limit underbanked Texans' access to short-term credit.

"Washington bureaucrats will never experience the financial instability that many of our hardworking families do. We must correct this system by rolling back the rule-making authority of this agency, whose decisions are guided by 'scholars' rather than industry and subject matter experts," he said. Payday loans, which are already effectively banned in 15 states, involve customers taking smallquantity loans with very high fees. Clients are expected to pay back the fees and principal amount often by their next payday. Prohibitively high fees,

however, often cause debts to roll over to the next month, which critics say causes a cycle of debt. The new federal rules cover an expanse of lending practices advocates have called predatory — firms must now verify a client's ability to pay back loans before issuing them and cannot pull money directly from a client's checking account without written notification first. The new rules also limit rollovers for overdue payments. Compared to other states, shortterm, high-payment loans like Martinez's have few restrictions in Texas, and many say they are a debt trap for middle and low-income Texans. About 8 percent of Texans have taken out payday loans, compared to the national average of 5.5 percent. More than 40 municipalities in Texas have passed ordinances restricting the expansion of short-term loan agencies. Still, statewide laws regulating payday loan practices have largely failed in the state Legislature. In 2013, a bill that would have curtailed many of the practices critics have called predatory failed as legislators could not agree on regulatory details. Rudy Aguilar, director of con26

sumer protection at the state Office of Consumer Credit Commissioner, which regulates payday lenders, said the office was still looking at the new rules and could not comment. Payday lenders say they offer services to clients denied by major banks. "While the rules announced today by the [Consumer Financial Protection Bureau] potentially impact only a small fraction of our total revenue, these rules are extremely complex for a small dollar loan and, by their own estimation, will significantly impact consumers’ already limited access to credit," Nannette Blaylock, executive administrator for Curo Financial Technologies, which operates payday lenders such as Speedy Cash in Texas, said in a written statement. Martinez, however, said the loans are not designed to help borrowers. As his payments continued to

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grow, the fees eventually exceeded the bills and rent he initially needed help paying, he said. Martinez said the lender pulled money directly from his checking account, and with ballooning fees, the withdrawals eventually grew greater than his income. In order for Martinez to notify the lender that he would not be able to make the payment, he said he was instructed to call the firm two days before the scheduled withdrawal date. But he said when he would call, no one would answer. Martinez said the financial strain led to him and his wife separating. He was unable to pay rent, he said, and lost his home.

Baddour said the payday loan industry is built to profit from keeping clients in debt. "That says something when a lending business complains about a standard that merely requires assessing the borrower’s ability to repay,

which should be a basic tenet of reasonable fair lending," she said. "It definitely gives one pause." Martinez called the new rules "a good first step," but said they do not place adequate caps on interest and fees, which Martinez said caused his payments to balloon out of control.

Though Texas usury laws protect borrowers from annual interest rates of more than 10 percent, payday loan fees are not capped, said Kathryn Freeman, director of public policy at Christian Life Commission, which advocated for the new rules. Martinez said with "good financial planning" and support from his church, he is in "a better stead now." Still, he continues to help those caught in a debt cycle and advocates for greater regulations, he said. His experience pushed him to work with Faith in Texas, a multi-faith social justice nonprofit, to advocate for caps on interest and fees.

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10 Steps to Take to Try to Prevent Your Own Eviction Lieber If you have a mortgage and can’t afford to pay ithelpIfyourself you’ve. By lostRon your job or part of your income, because of fallout from the coronavirus, you may your instinct may be to avoid your landlord. But be able to push off your payments for several it’s probably better to make contact and explain months, or even into next year. But if you’re what’s going on. struggling to pay your rent, your options are probably much more limited. “In a couple of groups I’ve been part of where landlords have been present, they’ve complained Local, state and federal governments have laid out that they’ve reached out to tenants and aren’t geta patchwork of programs to pause certain eviction ting responses,” said Abigail Staudt, managing atproceedings, but some of those have already torney of the housing practice at the Legal Aid Soexpired — and one eviction protection component ciety of Cleveland. “Many of them — not all — are set out in the CARES Act is scheduled to expire by compassionate and are ready and willing to work July 25. with tenants.”

Without continued regional action or new help from Congress, a spike in evictions may soon be upon us. The Covid-19 Eviction Defense Project in Denver estimates that between 19 million and 23 million — one in five of the 110 million Americans who live in rental housing — are at risk of eviction by the end of September.

If you’re going to pay late, not pay in full or pay nothing, landlords will find that out soon enough anyway, she added. Being upfront might pay off later.

Don’t Just Leave

But as harrowing as eviction is, it’s a process that plays out over weeks, at a minimum. And at nearly every point along the way, it may be possible to stop it.

Often, tenants receive that first notice from a landlord, assume that there is no fixing the problem, and decide that they should pack up and move. “People often confuse the first step in the process with the last step,” said Zach Neumann, founder of the Covid-19 Eviction Defense Project.

Most people who have never experienced eviction aren’t aware of their local rules, which can be complex and differ widely from place to place. And then there’s the tangle of stopgap federal efforts that may be extended or resurrected over the course of the crisis.

In fact, in most areas, you don’t have to move until there has been some sort of legal finding against you and an officer of the law arrives to carry out any order of eviction. That means there may be time for you to figure out a solution that doesn’t require you to move at all.

If you’re having trouble paying your rent, your situation might feel hopeless. It may not be — and experts have these suggestions for what to know and what to do.

Get Legal Help

Act First DallasLawyersMagazine.com

You probably do not have the right to a lawyer if a landlord brings an eviction action against you (although there are a few notable exceptions, like in San Francisco and for some families in Cleve29

land). But you can retain one anyway, and possibly for little cost.

if your own seems to be in jeopardy), you could get a more sympathetic ear.

Contacting your local Legal Aid office is a good start. An organization called Just Shelter also has a nationwide map on its website with links to other local organizations that may be able to help.

Make an Offer

Merely retaining a lawyer may make landlords more likely to negotiate. That’s because it could signal that their own legal fees are about to go up. A number of reports have pointed to improved (or at least non-worst-case-scenario) outcomes for tenants who have counsel. Even if you’re not able to fend off eviction, Ms. Staudt said, a lawyer may be able to negotiate more time for you to find a new place.

Consider the Landlord The company or person tacking notices to your door does not inspire much sympathy. Still, landlords have to pay utilities, taxes, maintenance and insurance, too. And this is one of the few areas of consumer life where you alone may be the source of a significant percentage of someone else’s income. It might help in any communication to acknowledge this. Small-scale landlords own more than half the housing stock that rents for less than $750 per month, noted Whitney Airgood-Obrycki, research associate at the Joint Center for Housing Studies of Harvard University. If they go into foreclosure or have to sell, even less sympathetic owners might replace them. “If we lose them, we risk losing a big source of affordable housing,” she said. Perhaps if you acknowledge your own landlord’s contribution in this way (and your desire to keep landlords solvent, DallasLawyersMagazine.com

You do not get what you do not ask for. So talk to your landlord. There are different ways to reduce your costs: waiving rent, reducing rent or using a security deposit in lieu of your payment. A survey by Apartment List, the real estate listing site, found a bit of decent news. As of June, 39 percent of people not paying rent in full reported that their landlord had made some kind of concession. That figure had fallen from 45 percent in April, but it’s still worth asking for new terms.

Review the Rules Depending where you live and the details of the mortgage for the property you occupy, you might be protected from eviction, at least for now. Some landlords who have themselves put their mortgages into forbearance cannot evict tenants while they’re also skipping payments. A database of addresses that the National Low Income Housing Coalition created may help some renters figure out if their landlord must comply with the various federal rules. This is another area where a lawyer can help, since the rules can be complicated and some landlords don’t know them — or ignore them. Some state and local officials have put their own eviction restrictions into place. These efforts are listed on the websites for Eviction Lab and Regional Housing Legal Services. Emily Benfer, a law professor at Wake Forest School of Law, has also assembled a large amount of helpful information on local actions, with the help of many law and public health students. It’s collected in a publicly available Google spread30

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