At 66 years old, Ms. Olivares lives a quiet life in a modest apartment, relying solely on her Social Security disability income. She doesn’t own a car and had long put behind her the financial strains of the past—until she was served court papers this January over a student loan debt she thought was resolved nearly a decade ago.
Back in 2006, Ms. Olivares co-signed a private student loan for her daughter, not knowing the hardship it would bring. The debt changed hands over the years, eventually landing with National Collegiate Student Loan. In 2013, a lawsuit was filed against both Ms. Olivares and her daughter in Brazoria County. A default judgment was entered in 2015—but the court quickly recognized an error and sent letters to the parties retracting that judgment. By April of that year, the case against Ms. Olivares was formally dismissed.
Fast forward to 2025: despite the case being closed for nearly 10 years, the Plaintiff attempted to collect on the retracted judgment by filing for a post-judgment writ of execution. Confused and frightened, Ms. Olivares reached out to Lone Star Legal Aid for help.
Staff attorney Shawn Salahian reviewed the case and found that the Plaintiff had no legal basis to pursue collection—they were relying on a judgment the court had long since set aside. Salahian tried to resolve the matter informally by contacting the Plaintiff twice, but when there was no response, he took action. Salahian filed a Motion to Quash the writ of execution and prepared for a court hearing.
Before the hearing date, Salahian negotiated directly with opposing counsel, and together they submitted an agreed order to the court. On April 17, 2025, the Court signed the order, officially quashing the improper writ of execution.
Thanks to LSLA’s intervention, Ms. Olivares was spared from wrongful debt collection on an invalid judgment. She can now live in peace without the looming threat of garnishment or further legal action on a debt she never should have been held responsible for.