• Report: #1138691


  • Submitted: Mon, April 14, 2014
  • Updated: Wed, April 16, 2014

  • Reported By: CAUGHTYOU — Burleson Texas
603 East Lacy Street Palestine, Texas USA


*Author of original report: I appreciate your respect your view

*Author of original report: Just needed to update

*Consumer Comment: A few things...

*Author of original report: NOW I SEE WHO HONESTY IS

*Author of original report: Said that i slandered the attorney

*Author of original report: maybe i left out something

*General Comment: Honesty...

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From the years of 1999 till 2006 i was using a bank by the name of First State Bank Of Frankston in Noonday, Texas East Texas. I owned a corporation called Etex Properties Inc. that sold real estate property in the east texas area. I did many loans with the bank and the banks manager Curtis Sparks. In the year of 2006 i went through a divorce it completely turned my world upside down, but I knew that I was going to keep my company open. Of course has soon as the bank smewlled blood in the water they were no longer willing to give me a dime to run my business and instead completely turned against me and forced my hand into shutting my company down. i had some loans out on some equipment a truck, blue dozer, execuvator, and other items. I went into the bank sat down with what I thought was my friend Curtis Sparks the manager of the bank and asked him to help me with the mess I was in. We or I began selling what I could and paying the bank i went from oweing the bank over $400,000 to oweing them just about $42,000 on a execavator a piece of constructoion equipment. The bank or should I say Curtis Sparks agreed to take that and sale it to a construction company and send me whatever money was left over for the equipment was worth over $100,000 but I knew if i would just turn it in at least i would not be in any legal problems and walk away clean.

Now lets move forward 7 years to june 2013 i get a citition from the court saying i am being sued by Austin State Bank in the amount of $78,000 for not paying for an execavtor they had sent the letter to a piece of property that i owned years ago, but the person knew of me and sent it to me. When i did go to the constable i picked it up and answered the summons. The bank had an atorney by the name of Daniel dean Palestine, Texas that is an unjust and unethical attorney. he acted like he had been looking for me for years and filed untrue affadivits as to that fact saying i was a trangent and could not be located. Which was a total lie i had moved to Fort Worth, texas and remarried and had a family again.  All you would need to do is look on the internet and I was able to be located within minutes. Went to court in palestine Texas in january 2014 and told the judge i felt injustice was being done and that the statutes had ran out on the lawsuit the atty said no that it was ten years and the judge rescheduled the trail. i asked the judge for sometime so that I could get an attorney which he agreed and actual gave me 60 days after giving the bank 7 years they give me 60 days. What is this AMERICA the land of if you are not rich and have an attorney you are getting ready to get screwed. i asked the judge to give me a continuance so i could get an attorney and i wrote and called the Daniel dean the banks attorney to try and explain my sitution. No one would retrun my call. they went ahead and done the trail knowing that i could not be there for i told them that in my continuance request sent to the court 30 days prior. now they have been awarded a $79,380 judgement plus another $6,856.00 in attorney fees and say they will garnish wages and take anything i have of value.

Look what our country has turned out to be a country that you are not allowed to have your day in court. A country in which the lending institutions have bought and paid for the judges of America. We have no chance they get richer and they put us into the poor house. What is a person to do? I am lost and i am broke and soon to be divorced agin it looks like. How can a bank sale a note to another bank and then file against you unreasonable and false information. it is just not right. So i ask everyone reading this note please say something to someone about what Austin bank as done to me for i know i am one of many. if we dont do something soon you might be next. America is still the Best country in the world, but to think i have fought and put my life on the line for these SOB's to rob and steal from me is not America i know and LOVE. lets take back what is ours before we have no more and the banks and the elite own it all and we are prisoneers and slaves of labor for them. it is coming mark my words that is the agenda.

God Bless and Good Luck;

Tom Bradford

This report was posted on Ripoff Report on 04/14/2014 09:54 AM and is a permanent record located here: http://www.ripoffreport.com/r/AUSTIN-BANK-PALESTINETEXAS/Palestine-Texas-75801/AUSTIN-BANK-PALESTINETEXAS-First-State-Bank-Of-FrankstonAtty-Daniel-Dean-Palestine-Tex-1138691. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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Updates & Rebuttals

#1 Author of original report

I appreciate your respect your view


Yes you are right when you turn a piece of equipment in you do only get a fraction of the value and I realized that the equipment was worth much more. I spoke with the manger of the bank and we all agreed upon turning the equipment in. I went and had an appraiser come to the bank with me that owned a heavy equipment sales and service center located only one mile from the branch office in which I banked. Because of an oppurtunity I had in another state for work i moved to California leaving a forwarding address and also the bank always had the address to your closest relative as asked for on the application. The equipment in question was worth $93,000 dollars 2002 Kabelica Excavator. I never received any letters from the bank about any balance on the loan. I did file for bankruptcy protection in 2006 but dropped out 2 months latter in 2007 i was trying to save my personal home, but seeing there really was no use i went ahead and dropped the BK and lost the home. that bank was fair I had $93,000 equity the property did sale for me at the auction and the bank did send me a small amount of money back.

When i asked the bank how much the equipment was sold for no one knew. The attorney would say that information is only available to me through discovery that i would need to file. The amount I was being sued for was the amount of the balance of the note like they had never sold it. So finally after investagation and what i wanted to show the court the equipment was sold for just over $1800 to a firm which in 2007 never reported again to the state in which it was incorporated which was not Texas, and shows to have been in business as a corporation for only a short time. The state in which the corporation was filed was not at liberty to tell me any of the principles our address's in relations to the business entity. it just all smelled really fishy and that is what is frustrating about the whole matter. the bank i was originally with was sold out in 2009 to Austin bank during the banking crisis I imagine. The manager Curtis Sparks still maintains employment though and would have been aware of these facts i speak. That is really all i wanted to find out is who done what and why was it all pinned on me.

you asked why it took so long is because i changed my number yes that i did, but the bank always had an address to write even if it was sent to the back up relative which is the house they finally went to which was my moms home. They could have done that years earlier not seven years later. I just say their is only a few things that has the smell of something fishy and this happens to be one of them.

Thanks for at least giving me your perspestive on the matter at least i see people are reading about it. I have no hate or vengance towards anyone involved in this for that does not help the matter i will continue to fight and have requested a new trail and then I will file for an appeal and then i will file whatever I can until I guess I wont be able to file no more. I could just drop it for I dont have anything and only a short time to live, but it is the principle of the deal that bothers me. if it was done to me then it was done to many others. I have nothing else to do anyway I am home ridden and have no money. I do have a computer and a set of law books. If i had just filed the continuance with the word Motion instead of request it would have been granted is what my mistake was on the continuence "my fault" that is what I have been told. i am working with an individual with the attorney generals office he says little hope, but we can try.I believe the system is built so that it is virtually impossiable to represent yourself and then compund that with a lawsuit filed in the hometown  of one of the cities major employers and the elite status the have (corneynism), but that is another subject that is a subject all its on.

Have a nice day.

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#2 Author of original report

Just needed to update


Yes the atty sent over the judgment to me today. They ended up being $146,000 plus $20,000 for atty fees. it was only $71,300 when i went to court in january that tax on the poor those liberals put on everyone going to do us all in. i guess it was a tax kind of like ObamaCare if you dont know what to call it call it a tax that way it is legal. Just wanted you to show how the elite the bankers and the attornies are getting away with the unthinkable these days.I would hate to live in Palestine Texas and have to have these kind around me all day. our only have one bank in town which is Austin bank. Good Luck with that. i really should have been an attorney like my mom said make $20,000 for doing nothing, but again if you never see it I guess you never made it. Take that back weather be a God fearing America than one of those Obahma Lovers . i can tell you this it will be a mighty cold day in a very Hot place before they see a dime, nickle or a penny. get in line with all the others. Now with ObamaCare at least i have insurance. Yea Right LOL.  LIBERALS SUCK CORN COBS!!

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#3 Consumer Comment

A few things...

AUTHOR: Robert - ()

 In trying to piece this together it seems like you have a few "complaints".

Regardless of if you return a car or a piece of equipment.  When you "turn it in" it is considered a Reposession and you are still responsible for the balance of the loan after they sell it.   Oh and contrary to what you believe since it was probably sold at auction you are lucky to get 25-30% of it's actual value.

You are complaining that the attorney stated they spent 6 years looking for you.  So how do you know they didn't?  You never explained how that is incorrect.  Were you in the same location this entire time?  Did they happen to send you letters that you ignored?  Did they call  you never called them back?

You then complain how it is your "right" to have legal respresentation.  Okay but it isn't your right to take as much time as you want to do that.  The judge gave you 60 days, and just because it took 7 years to get to this point don't think the judge would give you the same 7 years.   Oh and if you were suing someone under the same circumstances, the other party would have only been given a short time as well.

As for getting to court, you talk like the judge told you at 8AM on a Thursday you needed to be there by 9AM where you would have to drop everything, get in a car and rush to the courthouse.  That is NOT what happened.  You had 60 days to arrange transportation.   Had you gone to court that day and explain your situation that you still didn't have representation, as long as the judge thought you were trying and not just trying to delay the hearing again, they most likely would have granted you another continuance.   But you didn't even show up, so what is a judge supposed to do?  The answer is exactly what any judge would do..issue a default judgement against you based on the one sided information they are provided.  You had your day in court...you just CHOOSE not to go.

Oh and you say you requested a continuance 30 days in advance.  Okay..did you follow up verifying it was granted?  Even to find out when the new date was for, if there was one.  Based on what you wrote here the answer is a bit NO...which is your problem.

Anyways there is one other thing that as an American you are entitled to...Bankruptcy.  It's a final step but it would most likely get you out of your situation that you are in.


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#4 Author of original report



It did not take long for me to figure out who Mr. Honesty is. The name kind of gave iit away at first anyway. I would say anything but honest. Then as you read your rebutal of my post how nice it starts off by saying he feels for me, but i should handle my responsiabilities and things like these wont happen to me. if i would have just piad my bill and not tried to sneakm off like a thief in the night and wait out the statues i would not have been in the mess, Are if i had just contacted and worked with the bank to pay them the money that i owed them they would not have came after me. Mr Honesty read my letter i said what i had did and i did everything i was suppose to do, but what i should not have done was trust the bank and the banker for they turned out not to be truthful at what they promised me. When it came down to packaging a bad loan off and selling it to anothe rlender they forgot to mention the important notes in there paperwork. Who buys a note that is Charged Off on April 13th, 2007 and why do they buy it unless someone gave them false information about the loan and the payoff amount. Then why wait for years later to file unless you are being sneaky and under handed.That is all i wanted to know. That was the problem I did try I did give back the equipment do you really think a bank would let you take off with a piece of equipment worth over $100,000 dollars. What are you talking about Mr Honesty no they would not have and why would they not show what they had received for the equipment to me even after asking for the information. They would not produce any evidence they had against me are what anything was sold for without a discovery from me. Why not? Trying to hide something maybe? We all (except Mr. Honesty) know what goes on behind close doors of a bank it is one big buddy system i seen it personally i was in the business. I saw Empire Of America Vice presdent take kick backs  and sale cars for $25.00 to car dealers that was worth $7500 and then turn around and get paid cash for doing so. The politicians were doing it in the savings and loan did any one of them get punished for the wrongs they did to the public. NO!!. 

Then i see an instance like this happen to me years later. From a lender who believed I had moved to California which i did for about a year, but they thought i never moved back. I even heard from an employee at the bank which is a friend that they told her i was deceased. All that aside. Why woud it take the bank 7 years to come after me for a debt that they prusumed i still owed for if they had a defiancy why not come  after me say in 2 years or 4 years why wait for 7 years. I tell you they thought they could get away with it. if they would make up affadivits saying i was able to be found then they could take the citation to my last known address and that would be sufficent for the court. They did not think i would ever be served and answer their citition. I did answer the citation and i had no money so i was defending myself (that is wrong) in the eyes of the court. Would they give me a public defender to represent me in a civil case Mr Honesty you should be able to answer that since you are so up to date on how good the system is. WEell Mr Honesty they dont and they wont you are responsiable for an attorney if you dont have the money to bad, but they will advice you like I was advised in the court i should have an attorney present. I did go to the trail i thought, but no it turned out not to be the trail they just wanted to see if i would show up. So when i did they postponed it and set another bench trail for 60 days later. that is when i wrote the judge and requested a continuence and since i had received numerious emails from the attorney letting me know what date to be in court , and since i gave him the same courtesy when asking for a continuence you would think he could send one more email letting me know that i still needed to come, but no i did not get that from him for like you say he has way to many cases to know everyone of them and that he has only two legal options to contact me. Really what are you talking about the office of the attorney i have at least 10 emails from them telling me of court dates and that they sent me discovery and they needed my discovery back. that sounds like comminication to me, but when it came to me needing a continuance the whole system went silent. Come on now who really is being played for the FOOL? ME!! i guess. for that is what happened.Mr Honesty i was not given my day in court not because of my lack of responsiability but because of the sneaky and underhanded practice the attorney pulled. Period!!

They did not tell the truth on an affidavit filed in the County clerks office about me not being able to be located after an exhausting search which they had private detectives looking for me. Come on Mr Honesty even you can see  my dilema. I should not call people names that is wrong, but I have been told if they shoe fits are they not suppose to wear it. This shoe fits like a slipper in this case. Thats all for now.

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#5 Author of original report

Said that i slandered the attorney


What i said in my report was a person which was the attorney said by affadivits that are filed in the court of Anderson County, that they had looked for me dilgently for 6 years and because i was a trangent type of person they was unable to locate me. If they file in a court by affadivit a fact that is not correct what can I call that person if they willfully know this is untrue. Should I call him a just and hardworking attorney. As i said they can sue all they want they will wait in line like the hospitals and everyone else does and the day i die I guess they can cast lots for my garments. you are un real how some people try to use scare tactics and threats on others just to make the ones doing wrong like they have no wrong to them. The 99.9% banks take advantage of you and 95% of the attornies take advantage of the system. the people call or pastors and are fighting solders and the poor liars and thieves each and everyday I dont see them havingany punushment. Even whenn they kill innocent people and lie to the American people on TV yes I see the liberals like yourself saying dont call the rich and powerful so bad of names for they have power and will come after you and throw you in jail and fine you hundreds of dollars and tell you never to get on your computer again. What i say is for people like you to stay off the computer and mind your own business for i am only trying to warn othersof the mishaps and the unjustice that took place against me. You are one of them for you would not understand anyway. 



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#6 Author of original report

maybe i left out something


I went to the hearing in January. I live in Fort Worth this is in Palestine Texas. The judge saw the condition I was in physically and knew about my disability. So I file with the court 30 days prior to the court date explaining to the judge that I am in Fort Worth it is diffucult for me to come to palestine, but also that I needed time to try and get representation. i have that right as a citzen of the United states. i did not blow off my responsiabilities as you say. When i left the bank i turned in a piece of equipment worth way more than the 42,000 in which was owed why would that tell me what happened to it for they say they received nothing for it. That is a lie. I was in the process of proving that lie for I have the individual that purchased it from the bank for much more than what i owed. So tell me What did I do wrong. I gave them back the equipment i should have kept it is what you say for they are going to file a suit on you anyway. We differ there for I tried to make it right. 

not everyone in this world as the luxury as you must have of being able to jump in a car and drive to any location you want whenever and have the money to pay for legal services. most of us dont so i can see you are one of the 1% of the world in which they talk. i can see this by they way you defend the wrongs the system does to others. Yes i agree you must follow what the court says, but how many case or attornies get a continuance when they ask for it i would say 100% then how many feeable without an attorney would be given that same courtesy i would say 0%. Kind of looks like it is an uneven playing foeld to me.

I am mad but i dont have any money are anything anyway so they get $0 dollars. So did I leave the bank holding a debt which i did not pay or did they manuplate the system and not give me credit when they sold the equipment that is all i wanted to see. i never got that chance for they closed the door. So go ahead and try and slam me and tell me how righteous the bank is for i am sure you are the banker or the attorney for no one else would talk as you do.



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#7 General Comment


AUTHOR: Tyg - ()

 Atleast you are being forthright and admitting that this is your fault. Listen, the bank had no control over your divorce. It sounds like you did your part and tried to leave them clean. But there WAS one piece of outstanding debt. THAT is the issue. You can name call all you like, you can slander a lawyer online as much as you wish, but not without consiquences. They ARE a lawyer after all. There was STILL one item not taken care of and that item is what caused this issue.

YOU not being able to show up for court, hey thats on YOU. Its a legal proceeding, you make the time. Just because you didnt show up doesnt mean the court has to stop everything. You HAD your day in court, you just didnt go. Because you did not show the judge HAS to go on the information presented to them. Its pretty cut and dry. YOU owe XXXX amount of money on a past debt. Thats what the judge saw and thats what the judge awarded. Whenever you lose a case YOU are responsible for the legal fees of the opposing counsel. So a STANDARD ruling given that YOU did not show. You can "CLAIM" that the judges and courts are all bought off. You can CLAIM anything you like, it IS the web after all. But YOUR situation is YOUR responsibility.

Does it suck that YOU couldnt just wait out the time frame on the statutes of limitation yep and its also a bit disturbing that YOU think that way about your debts. Wheres the accountability on your end? You KNOW you owed this money, but you NEVER made any move to pay it off. This means that you intentionally didnt pay them expecting to skate out on WHAT YOU LEGALLY OWE. Dont you think THATS a more important issue to address then them getting a judgment against you for a LEGAL DEBT?? If you ever wonder WHY they are so aggresive on getting thier money you would ONLY have to look at yourself as an example. Evidently YOU think its perfectly alright to skip out on a debt you owe. You even state as much to the judge. You were hopeing to get out of this debt because atleast 7 years had passed, and when the judge tells you NO its 10 years, you feel its perfectly alright to post your opinion of the justice system online, attempting to make yourself a victim of the same giant machine.

You need to accept that they are ONLY doing what is RIGHT!!! You DO owe this money. When you signed the paperwork you agreed to pay them. You cant now complain about them getting a judgment against you. YOU did this to YOU. None of the parties involved that YOU owed money too had any part in your divorce. In fact it doesnt even factor into thier thinking. Its YOUR PERSONAL issue and doesnt matter to them that YOU are or were going through a divorce. Its NOT thier fault. Its NOT thier responsibility to care. Asking them to do ANYTHING for you because of the divorce is the hight of self entitlment. Its BUSINESS and nothing more.

As for the attorney not contacting you. Hey they can ONLY do what they are allowed to by law. Stop a min and THINK!! How many deadbeats do you think that attorney has to go after?? Im betting quite a few. By LAW they can ONLY approach YOU in one or two VERY SPECIFIC ways. Either through a process server, which costs MORE money, or through a registered letter at any address YOU have lived at that is on file. They CANNOT just send a registered letter to EVERY person who carries your name in the US. Its just not cost effective and breaks ANY number of confidentiality laws.

Yes the issue sucks for you. Yes, a bit upsetting. But THIS SITUATION is of your own doing. Maybe your spleenvent rant will make you feel better but it doesnt dismiss what you owe. And thats all this is about. What you LEGALLY owe to another party that YOU did not pay off. Now that there is a judgment against you, you have to pay more then double. Had you even made an attempt, you would have been on top of the issue, but you didnt. You made an assumption. Your ONLY course of action is to retain a lawyer and research into if the last piece of equiptment was sold or not. If it was and wasnt applied to your debt, THEN you SHOULD go after them. You may also NEED a good lawyer for what YOU have said in this post.

You have slandered a attorney, you have done so online. The web is considered a MEDIA OUTLET. So you have posted YOUR OPINION without prefacing that it was your opinion, which means you have presented YOUR view of the lawyer as FACT. Thats slander and defamation of character. You can bet that the lawyer is going to find this report as RoR doesnt remove ANY report EVER!!! Since NOTHING you do online is secure, all they need to do is get a court order and they will KNOW it was YOU who made this report. In the future, refrain from name calling on the web, it WILL cost you at some point. And it MAY only be a civil case, but the judge can screw you by making it ILLEGAL for YOU to go on the web, so get your affairs in order and get that lawyer.

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