HOUSTON – KPRC 2 obtained court documents which reveal that a Harris County judge now going viral for his courtroom behavior was once sued by his own client—accused of mishandling a case that later grew into a class action.
The documents detail Judge Nathan Milliron’s time as a defense attorney representing mortgage company Gregory Funding in a lawsuit that ultimately expanded to potentially impact other borrowers nationwide.
The case began in 2017, when a Houston man sued Gregory Funding, accusing the company of violating federal consumer protection laws tied to debt collection practices.
At the time, the case was relatively narrow.
But that changed when attorneys—including Houston-based attorney Benjamin Gubernick—became involved and amended the lawsuit.
“We were looking at the mortgage statements that they were sending out,” Gubernick said. “And we were like, ‘oh, hey, these violate the FDCPA. There’s probably something we can do here.’”
FDCPA stands for federal debt collection practices act which protects consumers from abusive debt collection.
The case was later certified as a class action in 2020, allowing it to move forward on behalf of a broader group of borrowers.
Attorney: ‘He didn’t know what he was doing’
Gubernick, who was on the opposing side of the case, said problems with the defense became clear early on.
“It was pretty apparent he didn’t know what he was doing,” Gubernick said.
He described what he called basic mistakes in handling a complex class-action case.
“They filed a one-page opposition,” Gubernick said.
According to Gubernick, Milliron’s lack of experience in class-action litigation became evident as the case progressed.
“It’s a specialized area and the risk to the client skyrockets,” said Gubernick. “It was pretty apparent he didn’t know what he was doing."
Gubernick said one of the biggest issues was a lack of communication.
“He just ignored us and ignored us and ignored us,” Gubernick said, referring to a required list of class members needed to move the case forward.
According to court records, the failure to comply with court-ordered requirements led to sanctions.
But what Gubernick and other attorneys didn’t know at the time, he said, was what was happening behind the scenes.
“Milliron was just not telling them what was going on in this case,” he said. “They did not know it had been amended to be a class action. They did not know that a class had been certified.”
Client later sues its own attorneys
In 2021, Gregory Funding sued Milliron and his former law firm, Hughes Watters Askanase LLP, accusing them of legal malpractice.
The lawsuit alleges Milliron misled the company about the status of the case—telling them the claims were not being actively pursued when, in reality, the case had already evolved into a class action.
The company also claimed it did not learn about the class-action status until more than a year later.
“That just blindsided us when we found that out,” Gubernick said.
The lawsuit further alleges the handling of the case resulted in approximately $20,000 in sanctions and more than $300,000 in legal fees after the company hired new attorneys.
The case was settled in 2022 for an undisclosed amount.
Milliron no longer worked at HWA following the case, although it is unclear at this time if he was terminated.
Shortly after, he opened his own firm and then started running for office.
‘One of the worst performances I’ve ever seen’
Gubernick described the defense of the case as deeply flawed.
“I don’t think I’ve ever seen anything this inept,” he said. “Put it like this—I would not hire Nathan Milliron to mow my lawn.”
Gubernick said when he filed a 150-page motion to turn the case into a class action lawsuit, Milliron filed a one page response two hours before the certification hearing took place.
“This guy just did not have any idea how class actions work or how the rules work or what the court’s supposed to be doing here or how you defend a case like that,” said Gubernick. “It’s like driving a car and not knowing which pedal is the gas."
He said the issues went beyond simple mistakes.
“Everyone makes mistakes,” Gubernick said. “But this was stacking huge mistakes on top of each other.”
He added the consequences for the client were significant.
“I don’t know how much money Gregory Funding lost. But it had to be a lot, probably seven figures,” Gubernick said.
From attorney to judge
Despite the lawsuit, Milliron later ran for office.
First in 2020, Milliron ran for a seat in the 18th Congressional District, but lost in the Republican primary.
Then in 2022, Milliron ran as a judge for Texas’ 113th District Court. He lost to Judge Rabeea Collier.
Finally in 2024, Milliron was elected as the judge for the 215th District Court. Milliron won against Elaine Palmer by about 300 votes.
Gubernick said that outcome surprised him.
“I had figured that he was never going to get elected to anything,” said Gubernick. “But I was wrong.”
Now, as a sitting judge, Gubernick said he believes the stakes are even higher.
“The damage that an incompetent judge can do is enormous,” he said. “This is someone who’s going to be presiding over multi-million dollar lawsuits and making decisions that impact people’s lives.”
Judge, firm contacted
KPRC 2 reached out to Judge Nathan Milliron for comment but has not received a response.
We also contacted his former law firm, Hughes Watters Askanase LLP, and did not hear back.
Milliron’s term ends in 2028.