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CAUSE NO.
WELLS FARGO BANK, NA, IN THE DISTRICT COURT
Plaintiff,
v. JUDICIAL DISTRICT
DAVID PEREZ, JR,
Defendant. FORT BEND COUNTY, TEXAS
PLAINTIFF'S ORIGINAL PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES Wells Fargo Bank, NA (hereinafter referred to as “Plaintiff”), and files
this its Original Petition complaining of David Perez, Jr (hereinafter referred to as “Defendant”),
and for cause of action Plaintiff would respectfully show unto the Court the following:
I
DISCOVERY CONTROL PLAN
PARTIES AND PROCESS
1 Plaintiff requests that discovery be conducted under Level 2 of Rule 190.
2. Plaintiff is a South Dakota national banking association registered to do business
in the State of Texas.
3 Defendant David Perez, Jr is an individual who may be served with process at
1200 San Jacinto Ave, Richmond Tx 77469-1631.
4 Plaintiff seeks only monetary relief of $100,000.00 or less, including damages of
any kind, penalties, costs, expenses, pre-judgment interest, and attorney fees.
PLAINTIFF’S ORIGINAL PETITION Pace 1
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IL.
JURISDICTION AND VENUE
5 Jurisdiction is proper, because the amount in controversy exceeds the
jurisdictional minimum of this Court. Venue is proper in Fort Bend County because Defendant
resides in Fort Bend County, Texas.
6. Plaintiff has fully performed all of its duties and obligations under the Account.
All conditions precedent to the institution of this suit and Plaintiff's recovery have been
performed, satisfied or have occurred.
Tl.
BREACH OF CONTRACT
7. Defendant, David Perez, Jr, for value received, made, executed and delivered to
Plaintiff a Wells Fargo Consumer Credit Card Customer Agreement and Disclosure Statement
evidencing a Line of Credit (the “Account”). On or about 08/30/2017, Defendant accessed the
Line of Credit. The Account provided for Defendant to make payments to Plaintiff of all
principal and interest. The complete terms of the Account are more particularly described
therein and incorporated herein by reference for all purposes.
8 Defendant failed to abide by the terms of the Account by failing and refusing to
make payments as required under the terms of the Account after receiving demand from
Plaintiff. Defendant was duly notified of such default under the Account and payment was
demanded, but Defendant failed to cure same. All amounts due under the Account have been
demanded by Plaintiff.
9. Plaintiff is the legal owner and holder of the Account. Plaintiff seeks recovery of
the entire, unpaid principal balance of the Account. As a result of Defendant’s default, there is
now due, owing and unpaid from Defendant to Plaintiff the amount of $9,157.26.
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273527-21369
IV.
SECOND CAUSE OF ACTION ACCOUNT STATED
10. Pleading in the alternative, Plaintiff alleges that it should recover from Defendant
on an account stated theory of recovery. Plaintiff is entitled to recovery because a series of
transactions between the parties gave rise to the indebtedness of Defendant to Plaintiff. An
agreement exists between Plaintiff and Defendant which establishes the amount due. As part of
the agreement governing the Account, the Defendant made a promise to pay the debt and has
failed to pay.
11. All just lawful offsets, credits, and payments have been applied. The amount now
due, owing and unpaid from Defendant to Plaintiff the amount of $9,157.26.
Vv.
REQUEST FOR ATTORNEY’S FEES
12. Plaintiff would further show that it has necessarily delivered said Account to the
undersigned attorneys for collection and employed them to prosecute this case, for which
Plaintiff has agreed to pay reasonable attorney’s fees, judgment for which Plaintiff prays
pursuant to Tex. Civ. Prac. & Rem. Code, Section 38.001, ef seq., and the terms of the Account.
Additionally, Plaintiff requests that all attorney’s fees involved in the appellate process, if same
becomes necessary.
vi.
CONCLUSION AND PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that Defendant be cited to
appear and answer herein as required by law and that upon final hearing thereof, Plaintiff have
judgment of and from the Defendant as follows:
PLAINTIFF’S ORIGINAL PETITION PaGE3
273527-21369
for the entire unpaid principal balance of the Account and all other amounts due
and owing pursuant to the terms of the Account;
for reasonable attorney’s fees, at all levels of the legal process;
for all costs of Court herein; and
for such other and further relief, both general and special, at law or in equity, to
which Plaintiff may be justly entitled.
Respectfully submitted,
WADDELL SERAFINO GEARY RECHNER
JENEVEIN, P.C.
1717 Main Street, Suite 2500
Dallas, Texas 75201
214-979-7442 - Telephone
214-979-7402 - Telecopier
By
MARK RECHNER
State Bar No. 24058064
mrechner@wslawpc.com
THOMAS M. SELLERS
State Bar No. 24070589
tsellers@wslawpc.com
WHITNEY ABBOTT
State Bar No. 24052628
wabbott@wslawpc.com
STEPHEN MOZUR
State Bar No. 24105274
smozur@wslawpe.com
ATTORNEYS FOR PLAINTIFF
WELLS FARGO BANK, NA
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