Preview
6/19/2023 6:33 PM
Marilyn Burgess - District Clerk Harris County
Envelope No. 76755878
2023-37608 / Court: 80 By: Chandra Lawson
Filed: 6/20/2023 12:00 AM
No.
PRIMEWAY FEDERAL CREDIT UNION IN THE DISTRICT COURT
Vv HARRIS COUNTY, TEXAS
DAVE DAVIS III and
THE ESTATE OF BARBARA J. HILLIARD JUDICIAL DISTRICT
PLAINTIFF’S ORIGINAL PETITION
Prime Way Federal Credit Union (“Prime Way”), complains against Dave Davis III and the
Estate of Barbara J. Hilliard (“Defendants”), and shows the following:
1. This is a Level 1 Case for Discovery Control Plan purposes. The damages sought in this
case, which only include monetary reliefof $250,000.00 or less, are within the jurisdictional limits
of the court.
Parties
2. PrimeWay is a financial institution having offices and conducting business in Houston,
Harris County, Texas.
3. Defendant, Dave Davis III (“Davis”), is an individual residing in Harris County, Texas,
who may be served with process at 19407 Creek Run Drive, Spring, Texas 77388.
4. The Estate of Barbara J. Hilliard (“Estate”) may be served with process, by having the
Clerk issue a Writ of Scire Facias to serve Davis, at 19407 Creek Run Drive, Spring, Texas 77388,
requiring Davis to appear and defend this suit. Davis is believed to be the son of Barbara J. Hilliard
(“Decedent”), based upon the Decedent’s obituary.
Venue
5. Venue of this matter is proper in Harris County, Texas because either (1) the Defendants
1
reside in that county; or (2) the contract was signed in that county; or (3) all or a substantial part of
the events or omissions giving rise to the claims occurred in that county.
Causes of Action
6. Barbara J. Hilliard died on December 5, 2022. A true and correct copy of the obituary of
the Decedent is attached as Exhibit “A”. Two months before her death, the Decedent executed a
Consumer Lending Plan promissory note, dated October 5, 2022, in the original principal amount
of $9,812.00 (“Note”). True and correct copies of the Note, a statement of the amounts owed on the
Note, and a loan payment history, are attached as Exhibit “B”. PrimeWay is the legal owner and
holder in due course of the Note. The Estate has defaulted by failing to make the payments required
under the terms of the Note, and as of April 18, 2023, $9,722.13 is owed to Prime Way by the Estate
on the Note, plus interest accruing thereafter (not to exceed any interest allowed by law) on the
principal balance of $9,441,25, at the rate of 10.05% per annum, plus reasonable attorneys fees, and
other costs.
7. The Decedent, the Estate, and the family members of the Decedent, including Davis,
received the benefit of the loan proceds advanced by PrimeWay in return for the execution of hte
Note by the Decedent and the Decedent’s promise to pay the amounts owed on the Note. Asa matter
of equity, the Estate would be unjustly enriched if allowed to retain the benefits received, without
repaying the amounts owed on the account. The Decedent and the Estate willingly received the
benefits of the credit provided by PrimeWay. The Decedent and the Estate accepted the benefits of
the credit provided by PrimeWay. The Decedent and the Estate are therefore personally liable for
the amounts owed, based on equitable doctrines of quantum meruit and unjust enrichment.
8. PrimeWay has not received notice of any probate of the Estate. Davis and possibly other
family members of Decedent have exercised possession of the home of Dededent located at 10142
Valley Club Drive, Houston, Texas 77078, and are receiving the benefits of this home and other
property in the Estate, despite the fact that the Estate, Davis, and other family members have not paid
Prime Way and presumably other creditors.
9. PrimeWay therefore has reason to believe that Davis either has transferred, or intends td
transfer, property of the Estate, including ownership of the home, for less than “reasonably
equivalent value” by the Estate, as that term is defined in §24.004(d), TEx. BUS. COM. CODE ANN.,
and that such transfers have been or will be made with actual intent to hinder, delay, or defraud
creditors of the Estate, including Prime Way.
10. In accordance with Chapter 37, TEX. Crv. PRAC. & REM. CODE ANN., PrimeWay is
requesting that the Court declare that any such transfers are fraudulent under §24.005 and §24.006,
TEX. Bus. COM. CODE ANN., and that Prime Way is entitled to all relief and remedies available under
in §24.008, TEX. BUS. CoM. CODE ANN., including avoidance of the transfers to the extent necessary
to satisfy PrimeWay’s claims, attachment of any transferred Estate property held in the name of
Davis or other family members, an injunction against further disposition of transferred property by
the Defendants, appointment of a receiver to take charge of the transferred property, and any other
relief the circumstances may require.
11. Because of the failure to pay the amounts owed, Prime Way has been required to employ
legal counsel to represent it in this case. In accordance with Chapters 37 and 38, TEX. CIV. PRAC.
& REM. CODE ANN., §24.013, TEX. Bus. COM. CODE ANN., and/or under the terms of contractual
agreements, Prime Way is entitled to recover its reasonable and necessary attorneys fees incurred in
this proceeding and as otherwise required to collect the amounts owed.
Prayer
Wherefore, PrimeWay Federal Credit Union prays that Defendants, Dave Davis III and the
Estate of Barbara J. Hilliard, be cited to appear and answer these claims and that upon final trial, that
Prime Way recover a judgment against Defendants, for the following:
a. the amounts owed as stated above on the Note; plus
b. prejudgment and post-judgment interest as allowed by law; plus
Cc. reasonable attorneys fees, costs, and such other and further relief to which Prime Way
may be entitled either at law or in equity.
Respectfully submitted,
Goodwin & Harrison, L.L.P.
State Bar No. 09116300
P.O. Box 8278
The Woodlands, Texas 77387-8278
(281) 363-3136
Fax: (281) 363-3215
Email: josh@goodwin-harrison.com
Attorneys for Prime Way Federal Credit Union
Preview
6/19/2023 6:33 PM Marilyn Burgess - District Clerk Harris County Envelope No. 76755878 2023-37608 / Court: 80 By: Chandra Lawson Filed: 6/20/2023 12:00 AM No. PRIMEWAY FEDERAL CREDIT UNION IN THE DISTRICT COURT Vv HARRIS COUNTY, TEXAS DAVE DAVIS III and THE ESTATE OF BARBARA J. HILLIARD JUDICIAL DISTRICT PLAINTIFF’S ORIGINAL PETITION Prime Way Federal Credit Union (“Prime Way”), complains against Dave Davis III and the Estate of Barbara J. Hilliard (“Defendants”), and shows the following: 1. This is a Level 1 Case for Discovery Control Plan purposes. The damages sought in this case, which only include monetary reliefof $250,000.00 or less, are within the jurisdictional limits of the court. Parties 2. PrimeWay is a financial institution having offices and conducting business in Houston, Harris County, Texas. 3. Defendant, Dave Davis III (“Davis”), is an individual residing in Harris County, Texas, who may be served with process at 19407 Creek Run Drive, Spring, Texas 77388. 4. The Estate of Barbara J. Hilliard (“Estate”) may be served with process, by having the Clerk issue a Writ of Scire Facias to serve Davis, at 19407 Creek Run Drive, Spring, Texas 77388, requiring Davis to appear and defend this suit. Davis is believed to be the son of Barbara J. Hilliard (“Decedent”), based upon the Decedent’s obituary. Venue 5. Venue of this matter is proper in Harris County, Texas because either (1) the Defendants 1 reside in that county; or (2) the contract was signed in that county; or (3) all or a substantial part of the events or omissions giving rise to the claims occurred in that county. Causes of Action 6. Barbara J. Hilliard died on December 5, 2022. A true and correct copy of the obituary of the Decedent is attached as Exhibit “A”. Two months before her death, the Decedent executed a Consumer Lending Plan promissory note, dated October 5, 2022, in the original principal amount of $9,812.00 (“Note”). True and correct copies of the Note, a statement of the amounts owed on the Note, and a loan payment history, are attached as Exhibit “B”. PrimeWay is the legal owner and holder in due course of the Note. The Estate has defaulted by failing to make the payments required under the terms of the Note, and as of April 18, 2023, $9,722.13 is owed to Prime Way by the Estate on the Note, plus interest accruing thereafter (not to exceed any interest allowed by law) on the principal balance of $9,441,25, at the rate of 10.05% per annum, plus reasonable attorneys fees, and other costs. 7. The Decedent, the Estate, and the family members of the Decedent, including Davis, received the benefit of the loan proceds advanced by PrimeWay in return for the execution of hte Note by the Decedent and the Decedent’s promise to pay the amounts owed on the Note. Asa matter of equity, the Estate would be unjustly enriched if allowed to retain the benefits received, without repaying the amounts owed on the account. The Decedent and the Estate willingly received the benefits of the credit provided by PrimeWay. The Decedent and the Estate accepted the benefits of the credit provided by PrimeWay. The Decedent and the Estate are therefore personally liable for the amounts owed, based on equitable doctrines of quantum meruit and unjust enrichment. 8. PrimeWay has not received notice of any probate of the Estate. Davis and possibly other family members of Decedent have exercised possession of the home of Dededent located at 10142 Valley Club Drive, Houston, Texas 77078, and are receiving the benefits of this home and other property in the Estate, despite the fact that the Estate, Davis, and other family members have not paid Prime Way and presumably other creditors. 9. PrimeWay therefore has reason to believe that Davis either has transferred, or intends td transfer, property of the Estate, including ownership of the home, for less than “reasonably equivalent value” by the Estate, as that term is defined in §24.004(d), TEx. BUS. COM. CODE ANN., and that such transfers have been or will be made with actual intent to hinder, delay, or defraud creditors of the Estate, including Prime Way. 10. In accordance with Chapter 37, TEX. Crv. PRAC. & REM. CODE ANN., PrimeWay is requesting that the Court declare that any such transfers are fraudulent under §24.005 and §24.006, TEX. Bus. COM. CODE ANN., and that Prime Way is entitled to all relief and remedies available under in §24.008, TEX. BUS. CoM. CODE ANN., including avoidance of the transfers to the extent necessary to satisfy PrimeWay’s claims, attachment of any transferred Estate property held in the name of Davis or other family members, an injunction against further disposition of transferred property by the Defendants, appointment of a receiver to take charge of the transferred property, and any other relief the circumstances may require. 11. Because of the failure to pay the amounts owed, Prime Way has been required to employ legal counsel to represent it in this case. In accordance with Chapters 37 and 38, TEX. CIV. PRAC. & REM. CODE ANN., §24.013, TEX. Bus. COM. CODE ANN., and/or under the terms of contractual agreements, Prime Way is entitled to recover its reasonable and necessary attorneys fees incurred in this proceeding and as otherwise required to collect the amounts owed. Prayer Wherefore, PrimeWay Federal Credit Union prays that Defendants, Dave Davis III and the Estate of Barbara J. Hilliard, be cited to appear and answer these claims and that upon final trial, that Prime Way recover a judgment against Defendants, for the following: a. the amounts owed as stated above on the Note; plus b. prejudgment and post-judgment interest as allowed by law; plus Cc. reasonable attorneys fees, costs, and such other and further relief to which Prime Way may be entitled either at law or in equity. Respectfully submitted, Goodwin & Harrison, L.L.P. State Bar No. 09116300 P.O. Box 8278 The Woodlands, Texas 77387-8278 (281) 363-3136 Fax: (281) 363-3215 Email: josh@goodwin-harrison.com Attorneys for Prime Way Federal Credit Union