Evan A. Moeller, who considers himself a dual native of Jackson, Mississippi and New Orleans, Louisiana, graduated from the University of Mississippi in 2001 and St. John's University School of Law in 2005.

Mr. Moeller has extensive experience defending large financial institutions and loan servicers against claims brought by borrowers under various theories of lender liability, including Breach of Contract, Fraud, Negligence, Gross Negligence, Breach of Fiduciary Duty, Deceptive Trade Practices and Wrongful Foreclosure.  Mr. Moeller also regularly advises financial institutions on issues related to garnishment and criminal restitution liens and has represented leading financial institutions in hundreds of cases involving levies upon their customers' accounts.

Mr. Moeller has also represented both plaintiffs and defendants in the oil and gas, consulting, construction and engineering industries as well as high net worth individuals in trusts and estates litigation.  In addition, Mr. Moeller has represented investors in bringing claims under the Texas Securities Act and other business interests in cases involving various business torts, such as Business Disparagement and Tortious Interference.  Finally, Mr. Moeller regularly defends third-party collectors in suits brought under the Fair Debt Collection Practices Act and Texas Finance Code.

Mr. Moeller has tried cases to a jury in both federal and state court, having handled cases in every United States District Court in Texas, the Central District of California and dozens of Texas jurisdictions. 

Representative Matters:

• Obtained summary judgment in Tarrant County, Texas on behalf of lender on all of Plaintiffs' claims including breach of contract, negligence, gross negligence, DTPA, fraud, fraudulent misrepresentation, negligent misrepresentation and breach of fiduciary duty; also obtained summary judgment on lender's counterclaim for breach of contract, for which the court awarded lender its attorney's fees.
• Obtained summary judgment on behalf of title services company in Tarrant County, Texas on all of Plaintiffs' claims including negligence, DTPA, and breach of fiduciary duty.
• Obtained summary judgment on behalf of loan servicer in Harris County, Texas on borrower's claims for breach of contract, DTPA, violations of the FDCPA, violations of the TDCA, fraud and negligent misrepresentation arising from borrower's assertion that loan servicer agreed not to foreclose during the pendency of his loan modification application.  Court awarded loan servicer 100% of Plaintiff's bond following dissolution of temporary injunction.
• Persuaded trial court in Wichita County, Texas to reverse its own contempt order against large financial institution for failure to turn over funds pursuant to turnover order.  
• Obtained dismissal of all of Plaintiff's claims under the FDCPA in the Western District of Texas on behalf of third party debt collector.
• Defended large financial institution at jury trial in Dallas County, Texas.  Jury returned a verdict generally favorable to plaintiff card holder on his breach of oral contract and libel claims.  Previously obtained summary judgment on financial institution's counterclaim for breach of contract.  Case is currently on appeal.
• Obtained take-nothing verdict in the Central District of California on behalf of debt buyer after jury trial on ten counts brought by consumer under the Federal Fair Debt Collection Practices Act and California Rosenthal Fair Debt Collection Practices Act.  Persuaded the court to allow the jury to determine whether voicemails constituted "communications" under the FDCPA, notwithstanding precedent to the contrary from the Central District of California and Second Circuit Court of Appeals.
• Obtained $500,000.00 cash in Travis County, Texas on behalf of group of investors for violations of the Texas Securities Act.
• Obtained $300,835.99 cash in addition to attorneys' fees in the Southern District of Texas on behalf of engineering company for breach of contract in providing high temperature coating and overlay services.
• Obtained $300,000.00 cash in Harris County, Texas on behalf of engineering company for breach of contract in connection with the development, maintenance and operation of pipelines and underground storage facilities.
• Obtained death penalty sanctions in the amount of $257,880.00 in the Eastern District of Texas on behalf of consulting firm for defendant's repeated discovery abuses in breach of contract case involving strategic development of certain radiolabeled pharmaceuticals.
• Obtained temporary restraining order and temporary injunction in Harris County, Texas on behalf of national bank trapping all rents payable by tenants in apartment complex.  Persuaded court to allow substituted service on apartment complex owners by e-mail after demonstrating, by way of borrowers' Facebook posts, that they were vacationing in Paris while in default on their mortgage.
• Obtained summary judgment in addition to attorneys' fees in Harris County, Texas on behalf of lender on its counterclaim for judicial foreclosure after borrower brought declaratory judgment action challenging lender's status as holder of the note and requesting that lender be permanently enjoined from foreclosing on the property.

 Distinctions:

• Mr. Moeller is one of the youngest members of the Texas Bar Foundation, an honor reserved for one-third of one percent of members of the State Bar of Texas, and two-thirds of whose honorees have been licensed for more than twenty years.

Mr. Moeller may be contacted by telephone at (713) 220-9163 or e-mail at emoeller@hirschwest.com.