Document for Discover Bank vs. Dina D Brymer

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                                Filed
                                                                                                7/28/2023 11:31 AM
                                                                                                Dwight D. Sullivan
                                                                                                County Clerk
                                                                                                Galveston County, Texas

                                    CV-0091889
                                 NO. ________________________

DISCOVER BANK,                                   §       IN THE COUNTY COURT
          Plaintiff                              §
v.                                               §       AT LAW NO_______
                                                 §
DINA D BRYMER,                                   §       GALVESTON COUNTY, TEXAS
                                                 §
               Defendant(s)                      Galveston
                                                 §         County - County Court at Law No. 3


                             PLAINTIFF’S ORIGINAL PETITION

TO THE HONORABLE JUDGE OF SAID COURT:

DISCOVER BANK, (“Plaintiff”), complains of DINA D BRYMER, (“Defendant(s)”), and for

its cause of action would respectfully show the Court as follows:

1.      This cause of action is governed by the rules for Expedited Actions under the Texas

        Rules of Civil Procedure Rule 169 because the Plaintiff is seeking only monetary relief of

        two-hundred and fifty thousand dollars or less excluding interest, statutory or punitive

        damages and penalties, and attorney's fees and costs. Discovery is intended to be

        conducted under Level 1 of Rule 190.2 of the Texas Rules of Civil Procedure. Damages

        sought are within the jurisdictional limits of the court.

2.      Plaintiff is a FDIC-insured Delaware State Bank. Plaintiff may be contacted through the

        undersigned attorney.




DISCOVER BANK V. DINA D BRYMER
Plaintiff’s Original Petition
260854030608
3.      Defendant(s) is/are a resident(s) of GALVESTON County, Texas, and may be served

        with process at 1500 FM 646 RD N TRLR 12, DICKINSON, TX 77539. Venue is

        proper in this Court because Defendant(s) resides/reside in this county at the time of the

        filing of this suit.

                               BREACH OF WRITTEN CONTRACT

4.      Defendant(s) obtained a credit account from Plaintiff. The credit account is identified as

        ending in account number 185.

5.      Plaintiff and Defendant(s) entered into a credit account agreement (“the Agreement”).

        Under the terms of the Agreement, Plaintiff rendered credit services to Defendant(s).

        Defendant(s) accepted the credit services and under the Agreement became bound to pay

        Plaintiff the amounts of such credit services, plus additional amounts due under the

        Agreement.

6.      Defendant(s) has/have failed to repay all of the credit services rendered under the

        Agreement. The current balance due, owing and unpaid under the Agreement, after

        allowing all just and lawful payments, credits and offsets, is $1,574.99. The terms of the

        Agreement control the accrual of additional charges, interest, and other amounts.

        Plaintiff has made demand upon Defendant(s) for payment of the balance due under the

        Agreement, but Defendant(s) has/have failed to pay the balance.

7.      All conditions precedent to Plaintiff’s right to bring suit on its claims have been

        performed or have occurred.




DISCOVER BANK V. DINA D BRYMER
Plaintiff’s Original Petition
260854030608
        Wherefore, Plaintiff demands judgment in the amount of $1,574.99 against Defendant(s),

plus post-judgment interest, and court costs to the extent permitted by applicable law.



                                             Respectfully submitted,

                                             ZWICKER & ASSOCIATES, P.C.
                                             A Law Firm Engaged in Debt Collection
                                             Attorneys for Plaintiff
                                             801 E. OLD SETTLERS BLVD, STE 220
                                             ROUND ROCK, TX 78664
                                             TEL: (512)218-0488
                                             FAX: (512)218-0477
                                             EMAIL: ZATXATTORNEYS@ZWICKERPC.COM


                                             BY:     _________________________________
                                                     [ ] TENIA OUELLETTE
                                                     State Bar Number 24099780
                                                     [ ] KIMBERLY NEWMAN
                                                     State Bar Number 24051111
                                                     [ ] CARLY POWER
                                                     State Bar Number 24118503
                                                     [ ] LAKIA N. BALDWIN
                                                     State Bar Number 24130897
                                                     [ ] BEVERLY ROSENDAHL
                                                     State Bar Number 24001175




DISCOVER BANK V. DINA D BRYMER
Plaintiff’s Original Petition
260854030608