Date: 02-15-2002

Case Style: Conseco Financial Servicing Corporation v. Carl M. Carlson III

Case Number: CJ-00-227

Judge: Donald Thompson

Court: District Court, Creek County, Oklahoma

Plaintiff's Attorney: Tom M. Moore of Beeler, Walsh & Walsh, Oklahoma City, Oklahoma

Defendant's Attorney: David R. Humphreys and Luke J. Wallace of Humphreys, Wallace & Humphreys, P.C., Tulsa, Oklahoma

Description: On April 28, 1998, the signature of Carl M. Carlson, III, was forged upon a Manufactured Home Promissory Note and Security Agreement and various related documents. Carlson alleged that Conseco knew or did not care that his signature was forged. Conseco undertook extensive collection efforts against Carlson on the forged note and brought this suit in March, 2000 in spite of Carlson’s pleas. Carlson filed counterclaims against Conseco alleging that the collection and credit reporting practices of Conseco and its predecessor, Green Tree, were wrongful and caused him damages. On January 10, 2002, Conseco dismissed its claims against Carlson. Conseco denied that it acted wrongfully and that Carlson suffered any damages.

Outcome: Plaintiff's verdict for $450,000 in compensatory damages and $900,000 in punitive damages.

Plaintiff's Experts: None

Defendant's Experts: None

Comments: Editor's Note: Defense counsel reported that Conseco offered Mr. Carlson $12,500 to settle before trial and $100,000 during trial.

David Humphreys and Luke Wallace have developed a very successful practice representing consumers who have been abused by insurance and finance companies and car dealerships.