Heather Winkles

Heather Winkles

Education

South Texas College of Law, J.D., 2015

University of Texas at Austin, B.A., 2010

Admitted to Practice

Texas, 2016

U.S. Northern District of Texas, 2017

Affiliations and Memberships

Dallas Bar Association

Dallas Association of Young Lawyers

Dallas Women Lawyers Association

State Bar of Texas

Representative Experience

Successfully defended credit union in alleged violation of the Americans With Disabilities Act, Title III Website Accessibility, that resulted in a voluntary dismissal with prejudice.

Secured a temporary restraining order and preliminary injunction against dealer on behalf of financial institution to protect business reputation, safety of its customers and employees, and financial interests.

Defended a dealer in defaulted floor plan agreement against lender and insurance company in the aftermath of Hurricane Harvey.

Facilitated national automotive finance companies in the collection of defaulted consumer and commercial loans by recovery of collateral via sequestration.

Represented automotive finance companies against dealers in breached dealer agreements.

Represented secured creditors in prevention of forfeiture of collateral to state and federal governments.

Represented secured creditors in the adjudication of valid and superior rights in collateral in the challenge of other possessory liens – mechanic’s and storage liens – asserted against the same collateral as well as combat fraud and conversion of collateral.

Represented secured creditors in correction to title records and restoration of lien loss on title.

Represented creditors on collection of secured and unsecured business debts.

Represented small businesses in entity formation and transactional matters.

Prosecution of several DTPA actions involving violations of the laundry list, unconscionable conduct, breaches of warranty, and insurance code.

Awards & Honors

Thomson Reuters' "Texas Rising Stars" as published in Super Lawyers (Rising Stars Edition) and Texas Monthly magazines, 2019

Practice Description

Heather L. Winkles is a ninth generation Texan representing secured and unsecured creditors across Texas in state court and bankruptcy proceedings. The emphasis of Heather's practice is efficient collateral recovery for automotive finance companies with a results-oriented focus. She also prosecutes and defends individuals and business entities in general civil litigation in state and federal courts in Texas. Her practice commences with pre-suit negotiations and extends through post-judgment remedies.

In state court proceedings her practice involves recovery of collateral; disputes between lenders and dealers in breach of dealer agreements; prevention of forfeiture of collateral to state and federal governments; assertion of lienholder rights in insurance proceeds; challenge mechanic’s and storage liens, fraud, and conversion of collateral; superiority of priority disputes between creditors; correction to title records by adjudication; restoration of lien loss on title; claims in probate proceedings; domestication of foreign judgments; collection of secured and unsecured business debts; perfection of security interests; uncover hidden assets by investigation and post-judgment deposition; compliance with state and federal consumer laws; and claims under the Deceptive Trade Practices Act.

In bankruptcy proceedings her practice involves motions for relief from the automatic stay; objections to the confirmation of the plan; proofs of claim; reaffirmation agreements; adversary proceedings; and Rule 2004 examinations.

Heather earned her bachelor’s degree in Government at The University of Texas at Austin, as well as a Business Foundations Program Certificate from the Red McCombs School of Business. She earned her Juris Doctor at South Texas College of Law and a Forty-Hour Basic Mediation Certificate from the Frank Evans Center for Conflict Resolution.

While in law school, Heather was a Member of the CURRENTS: International Trade Law Journal. She secured a spot on the Dean’s Honor List; was a finalist in mock trial competitions; and was awarded the CALI Award for Excellence, ranking highest in her class among 98 students in the area of legal ethics. Heather also served as a Judicial Intern for the 311th District Court in Harris County, Texas. Her most beloved moment of her law school career came as a participant in a study abroad program in Galway, Ireland, where she took direct instruction from the late United States Supreme Court Justice Antonin Scalia. As a law student of Justice Scalia, she learned to unveil the frequent legal arguments that the late Justice said, “will come before the Court clad, so to speak, in sheep's clothing” and to vehemently advocate when the, “wolf comes as a wolf."

Publications, Seminars, and Cases

    Thurston v. Local 20 IBEW Federal Credit Union, 3:18CV00133 (N.D. Tex. Jan. 18, 2018). Successfully defended credit union in alleged violation of the Americans With Disabilities Act, Title III Website Accessibility, that resulted in a voluntary dismissal with prejudice.